N.C.P.I.—Crim. 206.60

MURDER OF UNBORN CHILD—WILLFUL AND MALICIOUS ACT. FELONY.

The defendant has been charged with the murder of an unborn child1

by a willful and malicious act.

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

prove two things beyond a reasonable doubt:

First, that the defendant committed a willful and malicious act by

(describe act). An act is willful when it is intentional and without justification

or excuse. Malice means not only hatred, ill will, or spite, as it is ordinarily

understood, but [it also means that condition of mind which prompts a

person to take the life of another intentionally or to intentionally inflict

serious bodily harm which proximately results in another’s death, without

just cause, excuse or justification] [malice also arises when an act which is

inherently dangerous to human life is intentionally done so recklessly and

wantonly as to manifest a mind utterly without regard for human life and

social duty and deliberately bent on mischief]. You may consider this along

with all other facts and circumstances in determining whether the

defendant's act was unlawful and whether it was done with malice.

And Second, that the defendant intentionally2 caused the death of an

unborn child.

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

about the alleged date, the defendant committed a willful and malicious act

and intentionally caused the death of an unborn child (nothing else

appearing)3, 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.