NC · jury_instructions
N.C.P.I.—Crim. 208.90E
DISCHARGING A BARRELED WEAPON INTO OCCUPIED VEHICLE IN OPERATION. FELONY.
The defendant has been charged with discharging a barreled
weapon1 into an occupied [vehicle] [aircraft] [watercraft] [(describe other
conveyance)] while in operation.2
For you to find the defendant guilty of this offense, the State must
prove four things beyond a reasonable doubt:
First, that the defendant willfully or wantonly discharged a barreled
weapon into a [vehicle] [aircraft] [watercraft] [(describe other
conveyance)] (without justification or excuse).3 An act is willful or wanton
when it is done intentionally with knowledge or a reasonable ground to
believe that the act would endanger the rights or safety or others. A
barreled weapon is a weapon capable of discharging shot, bullets,
pellets, or other missiles at a muzzle velocity of at least 600 feet per
second.
Second, that the [vehicle] [aircraft] [watercraft] [(describe other
conveyance)] was occupied by one or more persons at the time that the
barreled weapon was discharged.
Third, that the defendant [knew] [had reasonable grounds to
believe] that the [vehicle] [aircraft] [watercraft] [(describe other
conveyance)] was occupied by one or more persons.
And Fourth, that the [vehicle] [aircraft] [watercraft] [(describe other
conveyance)] was in operation.
If you find from the evidence beyond a reasonable doubt that on or
about the alleged date, the defendant willfully or wantonly discharged a
barreled weapon into a [vehicle] [aircraft] [watercraft] [(describe other
conveyance)] (without justification or excuse)4 while it was occupied by
one or more persons, and that the defendant [knew] [had reasonable
grounds to believe] that it was occupied by one or more persons and that
the [vehicle] [aircraft] [watercraft] [(describe other conveyance)] was in
operation, 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.
History
N.C.P.I.—Crim. 208.90E (June 2011). N.C. Gen. Stat. § 14-34.1(b). 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
fb99a49269f5b8cd516e2480af88417dcf89b970ac0ff831b6a558f1027590ed
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