N.C.P.I.—Crim. 208.77

The defendant has been charged with assault inflicting serious

bodily injury on an unborn child.1

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

prove two things beyond a reasonable doubt:

First, that the defendant assaulted the mother2 of an unborn child3

by intentionally4 (and without justification or excuse)5 (describe assault)6

. (An assault is an intentional application of force, however slight,

directly or indirectly, to the body of another person without that person’s

consent.)

And Second, that the unborn child was born alive and suffered

serious bodily injury as a result of the assault on the mother. "Serious

bodily injury”7 is defined as bodily injury that creates a substantial risk of

death, or that causes serious permanent disfigurement, coma, a

permanent or protracted condition that causes extreme pain, or

permanent or protracted loss or impairment of the function of any bodily

member or organ, or that results in prolonged hospitalization, or causes

the birth of the unborn child prior to 37-weeks gestation, if the child

weighs 2,500 grams or less at the time of birth.

NOTE WELL: If self-defense is an issue, use N.C.P.I.-

Crim. 308.40 or 308.45, as appropriate.

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

about the alleged date, the defendant intentionally assaulted the mother

of an unborn child by (describe assault) and that, as a result of the

assault on the mother, the unborn child was born alive and suffered

serious bodily injury, (nothing else appearing)2 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.8

NOTE WELL: If self-defense is an issue, use mandate

from N.C.P.I.-Crim. 308.40 or 308.45, as appropriate.9