N.C.P.I.—Crim. 206.31B

NOTE WELL: N.C.P.I.—Crim 206.31B Second Degree Murder,

Caused By Controlled Substance is replaced by N.C.P.I—Crim

206.76. Death by Distribution Through Unlawful Delivery with

Malice of Certain Controlled Substances. Use this instruction for

offenses prior to December 1, 2023. For offenses on or after

December 1, 2023 see N.C.P.I—Crim 206.76.

The defendant has been charged with second degree murder.

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

four things beyond a reasonable doubt:

First, that the victim's death was caused by ingesting (name

substance).1

Second, that the defendant intentionally and unlawfully distributed that

(name substance).2

Third, that the defendant's unlawful distribution of that (name

substance) was a proximate cause of the victim's death. A proximate cause is

a real cause, a cause without which the victim's death would not have

occurred, and one that a reasonably careful and prudent person could foresee

would probably produce such [injury] [damage] or some similar injurious

result. (The defendant’s act need not have been the only cause, nor the last

or nearest cause. It is sufficient if it occurred with some other cause acting at

the same time, which, in combination with, caused the death of the victim.)

(A child has been killed if the child was born alive, but died as a result of

injuries inflicted prior to being born alive.)3

And Fourth, that the defendant unlawfully and with malice killed the

victim. Malice arises when an act that is inherently dangerous to human life is

done so recklessly and wantonly as to manifest a mind utterly without regard

for human life and social duty and deliberately bent on mischief.

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

about the alleged date, the defendant unlawfully and with malice killed the

victim by the intentional and unlawful distribution of (name substance), 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.