N.C.P.I.—Crim. 280.43

The defendant has been charged with [possession, without

permission or authorization, of] [fabricating or creating] a weapon

capable of inflicting serious injuries or death, while he was in the custody

of [the Division of Prisons] [a local confinement facility.]

For you to find the defendant guilty of this offense, the State must

prove two things beyond a reasonable doubt:

First, that the defendant [had in his possession1 without

permission or authorization] [fabricated or created] a weapon capable of

inflicting serious bodily injury or death. [In determining whether

(describe weapon) is capable of inflicting bodily injury or death you

should consider the nature of the weapon and the manner in which it

could be used.]

And Second, at that time the defendant was:

[A. In the custody of the Division of Prisons. A person sentenced

to [any unit of the State prison system] [jail to be assigned to work

under the State Department of Correction] is in the custody of the

Division of Prisons.]2

[B. Under the custody of a local confinement facility.3 (Name

detention facility) is a local confinement facility.]

If you find from the evidence beyond a reasonable doubt that on or

about the alleged date while he was in the custody of [the Division of

Prisons] [a local confinement facility] the defendant [had in his

possession without permission or authorization] [fabricated or created] a

weapon which was capable of inflicting serious bodily injury or death, it

would be your duty to return a verdict of guilty. If you do not so find or

have a reasonable doubt as to one or more of these things it would be

your duty to return a verdict of not guilty.