NC · jury_instructions
N.C.P.I.—Crim. 204A.10A
CRIMINAL GANG ACTIVITY-DISCHARGING A FIREARM FROM WITHIN AN ENCLOSURE. FELONY.
NOTE WELL: Use this instruction for offenses occurring
on or after December 1, 2017. For offenses occurring
after December 1, 2017, use N.C.P.I.—Crim. 204A.10.
The defendant has been charged with discharging a firearm from
within an enclosure as part of criminal gang activity.
For you to find the defendant guilty of this offense, the State must
prove three things beyond a reasonable doubt:
First, that the defendant willfully or wantonly [discharged]
[attempted to discharge] a firearm from within a(n) [building] [structure]
[motor vehicle] [other conveyance (describe conveyance)] [erection]
[enclosure] toward (a) person(s) not within that enclosure.
Second, that the defendant discharged a firearm toward (a)
person(s) not within that enclosure.
And Third, that the defendant [discharged] [attempted to
discharge] the firearm as a part of criminal gang activity. Criminal gang
activity is defined as the commission of, attempted commission of, or
solicitation, coercion, or intimidation of another person to commit (name
offense and describe the elements of the offense) and either of the
following conditions is met: the offense is committed with the intent to
benefit, promote, or further the interests of a criminal gang for the
purpose of increasing a person’s own standing or position within a
criminal gang or the participants in the offense are identified as criminal
gang members acting individually or collectively to further any criminal
purpose of a criminal gang.
If you find from the evidence beyond a reasonable doubt that on or
about the alleged date, the defendant willfully or wantonly [discharged]
[attempted to discharge] a firearm from within a(n) [building] [structure]
[motor vehicle] [other conveyance (describe conveyance)] [erection]
[enclosure] toward (a) person(s) not within that enclosure and that the
defendant [discharged] [attempted to discharge] the firearm as a part of
criminal gang activity, 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.
History
N.C.P.I.—Crim. 204A.10A (June 2018). N.C. Gen. Stat. § 14-34.9. Prepared by the North Carolina Conference of Superior Court Judges' Committee on Pattern Jury Instructions, assisted by the UNC School of Government; published by the School of Government.
Provenance
- Source
- sog.unc.edu
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
ee34a0f2b41585b5d1e0dab28ad9741a7f6037061fb6dc6de294d06f33c5e181
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