N.C.P.I.—Crim. 208.04A

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

prove five things beyond a reasonable doubt:

First, that the defendant knowingly and willfully1 deposited for

conveyance in the mail a [letter] [writing] [document].2

Second, that such [letter] [writing] [document] contained a true

threat3 to [inflict serious bodily injury upon] [kill] the alleged victim. A

true threat is defined as an objectively threatening statement

communicated by a party who possesses the subjective intent to threaten

a listener or identifiable group. 4 An objectively threatening statement is

one that would be understood by a reasonably prudent person perceiving

it within its proper context as a serious expression of an intent to [inflict

serious bodily injury] [kill] by the speaker. Subjective intent requires that

the speaker intended the statement to be understood as a threat.5

(Intent is a mental attitude seldom provable by direct evidence. It must

ordinarily be proved by circumstances from which it may be inferred. You

arrive at the intent of a person by such just and reasonable deductions

from the circumstances proven as a reasonably prudent person would

ordinarily draw therefrom.)6

Third, that the defendant knew or had reasonable grounds to know

that such [letter] [writing] [document] contained a true threat to [inflict

serious bodily injury upon] [kill] a(n) [legislative] [executive] [court]

officer.

Fourth, that the alleged victim was a(n) [legislative]7 [executive]8

[court]9 officer. [(Name victim's title) is a(n) [legislative] [executive]

[court] officer.]10

And Fifth, that the defendant knew or had reasonable grounds to

know that the alleged victim was a(n) [legislative] [executive] [court]

officer.

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

about the alleged date, the defendant knowingly and willfully deposited

for conveyance in the mail a [letter] [writing] [document], that contained

a true threat to [inflict serious bodily injury upon] [kill] the alleged

victim, who was a(n) [legislative] [executive] [court] officer, that the

defendant knew or had reasonable grounds to know that the [letter]

[writing] [document] contained a true threat to [inflict serious bodily

injury upon] [kill] a(n) [legislative] [executive] [court] officer, and that

the defendant knew or had reasonable grounds to know that the alleged

victim was a(n) [legislative] [executive] [court] officer, 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.11