N.C.P.I.—Crim. 204A.35A

NOTE WELL: Use this instruction for offenses occurring

on or after December 1, 2017. For offenses occurring

before December 1, 2017, use N.C.P.I.—Crim. 204A.35.

The defendant has been charged with communicating a threat of

[injury to a person] [damage to another person’s property] as

[punishment] [retaliation] against a person for having withdrawn from a

criminal gang.

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

prove two things beyond a reasonable doubt:

First, that the defendant threatened [injury to (name person)]

[damage to (name person’s) property].

And Second, that the defendant made the threat as [punishment]

[retaliation] against (name person) for having withdrawn from

membership in a criminal gang.

A criminal gang is defined as any ongoing organization, association,

or group of three or more persons, whether formal or informal, that has

as one of its primary activities the commission of criminal or delinquent

acts and shares a common name, identification, signs, symbols, tattoos,

graffiti, attire, or other distinguishing characteristics, including common

activities, customs, or behaviors. This term shall not include three or

more persons associated in fact, whether formal or informal, who are not

engaged in criminal gang activity.1

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

about the alleged date, the defendant threatened [injury to (name

person)] [damage to (name person’s) property] as [punishment]

[retaliation] against (name person) for having withdrawn from

membership in a criminal gang, 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

both of these things, it would be your duty to return a verdict of not

guilty.