NC · jury_instructions
N.C.P.I.—Crim. 208.40A
SIMPLE ASSAULT ON AN INDIVIDUAL WITH A DISABILITY. MISDEMEANOR.
For you to find the defendant guilty of this offense, the State must
prove four things beyond a reasonable doubt:
First, that the defendant assaulted the alleged victim by (describe
assault).
Second, that the defendant acted intentionally2 (and without
justification or excuse).3
Third, that the alleged victim had a disability. An individual with a
disability is a person who has
a) a [physical] (or) [mental] disability, such as [decreased use of
arms or legs] [blindness] [deafness] [mental retardation] (or)
[mental illness],
b) an infirmity, which would substantially impair that person's
ability to defend [himself] [herself].
And Fourth, that the defendant knew or had reasonable grounds to
know that the alleged victim had a disability.
NOTE WELL: If self-defense is an issue, use N.C.P.I.—
Crim. 308.40.
If you find from the evidence beyond a reasonable doubt that on or
about the alleged date, the defendant intentionally assaulted the alleged
victim, that the alleged victim had a disability, and that the defendant
knew or had reasonable grounds to know that the alleged victim had a
disability, (nothing else appearing)4 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.5
NOTE WELL: If self-defense is an issue, use mandate
from N.C.P.I.—Crim. 308.40.6
History
N.C.P.I.—Crim. 208.40A (Replacement June 2019). N.C. Gen. Stat. § 14-32.1(f). Prepared by the North Carolina Conference of Superior Court Judges' Committee on Pattern Jury Instructions, assisted by the UNC School of Government; published by the School of Government.
Provenance
- Source
- sog.unc.edu
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
102108a8428dd7a92e71fdcf21a89dcb729fdbfd0551654e4ecc873c088daeab
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