NC · jury_instructions
N.C.P.I.—Crim. 204A.38
INJURY AS PUNISHMENT OR RETALIATION FOR CRIMINAL GANG WITHDRAWAL. FELONY.
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 injuring a person 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[punishment] [retaliation] against a person for having withdrawn from a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 injured (name individual).
And Second, that the defendant injured (name individual) as
[punishment] [retaliation] against (name individual) for having withdrawn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 injured (name individual) as
[punishment] [retaliation] against (name individual) for having withdrawn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.
History
N.C.P.I.—Crim. 204A.38 (June 2018). N.C. Gen. Stat. § 14-50.20. 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
2be2bfb88c1ceeb7656625baefc813d5a1e9d2c7c06352df19a23fdc5b919206
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