N.C.P.I.—Crim. 206.76

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.

NOTE WELL: N.C.P.I–Crim 206.76 Death by Distribution Through

Unlawful Delivery with Malice of Certain Controlled Substances

replaces N.C.P.I.–Crim 206.31B Second Degree Murder, Caused

By Controlled Substance. N.C. Gen. Stat. 14-18.4 was amended,

effective December 1, 2023. Use this instruction for offenses on

or after December 1, 2023. For offenses before December 1, 2023

see N.C.P.I–Crim 206.31B.

The defendant has been charged with death by distribution through

unlawful delivery with malice of certain controlled substances.1

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

four things beyond a reasonable doubt:

First, that the defendant unlawfully delivered (a) controlled

substance(s).2 (Name controlled substance(s)) [is a] [are] controlled

substance(s).

Second, that the defendant acted with malice. 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.

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

the death of the user.

And Fourth, that the defendant’s unlawful delivery 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 delivered (a) controlled

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

substance(s), that the defendant acted with malice, that the ingestion of (that)

(these) controlled substance(s) caused the death of the user, and that the

defendant’s unlawful delivery 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 delivery with malice 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.