N.C.P.I.—Crim. 206.72

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 aggravated 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

five 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.

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).

Fourth, that on (name date) the defendant in (name court) [was

convicted of] [pled guilty to] the felony of (name drug related felony)4 that

was committed on (name date) in violation of the law of the [State of North

Carolina] [State of (name other state)] [United States].

And Fifth, that the prior conviction occurred within ten years of this

offense, excluding any periods of imprisonment.5

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 was the proximate cause of the user’s death, and on

(name date) the defendant in (name court) [was convicted of] [pled guilty to]

the felony of (name drug related felony) in violation of the law of the [State

of North Carolina] [State of (name other state)] [United States] and that

conviction occurred within ten years of this offense, excluding any periods of

imprisonment, it would be your duty to return a verdict of guilty of aggravated

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, you will not return a verdict of guilty of aggravated

death by distribution through unlawful sale of certain controlled

substance(s), but would consider whether the defendant is guilty of death by

distribution through unlawful sale of certain controlled substances. Death by

distribution through unlawful sale of certain controlled substances differs from

the aggravated offense in that it does not require proof of a prior conviction.

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

about the alleged date, the defendant 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.