N.C.P.I.—Crim. 206.70

NOTE WELL: N.C. Gen. Stat. § 14-18.4(f) provides that nothing in

this section shall be construed to restrict or interfere with the

rights and immunities provided under the Samaritan Protection in

N.C. Gen. Stat. 90-96.2. N.C. Gen. Stat. § 14-18.4(g) provides

that this section does not apply to lawful distribution pursuant to

a valid prescription.

The defendant has been charged with death by distribution through

unlawful sale of certain controlled substances.1

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

three things beyond a reasonable doubt:

First, that the defendant unlawfully sold2 (a) controlled substance(s).3

(Name controlled substance(s)) [is a] [are] controlled substance(s).

Second, that the ingestion of (that) (these) controlled substance(s)

caused the death of the user.

And Third, that the defendant’s unlawful selling of (the) controlled

substance(s) was the proximate cause of the user’s death. A proximate cause

is a real cause, a cause without which the user’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

nearest cause. It is sufficient if it occurred in combination with some other

cause, acting at the same time, that caused the death of the user).

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

about the alleged date, the defendant unlawfully sold (a) controlled

substance(s), (name controlled substance(s)) [is a] [are] controlled

substance(s), that the ingestion of (that) (these) controlled substance(s)

caused the death of the user, that the defendant’s unlawful selling of the

controlled substance(s) was the proximate cause of the user’s death, it would

be your duty to return a verdict of guilty of death by distribution through

unlawful sale of (a) certain controlled substance(s). 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.