N.C.P.I.—Crim. 208.90F

NOTE WELL: For offenses involving discharge of a

barreled weapon which is not a firearm, use N.C.P.I.-

Crim. 208.90A.

The defendant has been charged with discharging a firearm into

occupied property1 inflicting serious bodily injury.

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 firearm

into a(n) [building] [structure] [vehicle] [aircraft] [watercraft] [(describe

other conveyance)] [device] [equipment] [erection] [enclosure]2 (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.

Second, that the [building] [structure] [vehicle] [aircraft]

[watercraft] [(describe other conveyance)] [device] [equipment]

[erection] [enclosure] was occupied by one or more persons at by one or

more persons the time that the firearm was discharged.

Third, that the defendant [knew] [had reasonable grounds to

believe] that the [building] [structure] [vehicle] [aircraft] [watercraft]

[other conveyance] [device] [equipment] [erection] [enclosure] was

occupied by one or more persons.

And Fourth, that the defendant’s action resulted in serious bodily

injury to the victim. Serious bodily injury is defined as bodily injury that

creates or causes [a substantial risk of death] [serious permanent

disfigurement] [coma] [a permanent or protracted condition that causes

extreme pain] [permanent or protracted loss or impairment of the

functions of any bodily member or organ] [prolonged hospitalization].

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

about the alleged date, the defendant willfully or wantonly discharged a

firearm into a(n) [building] [structure] [vehicle] [aircraft] [watercraft]

[(describe other conveyance)] [device] [equipment] [erection] [enclosure]

(without justification or excuse),4 while it was occupied by one or more

persons, that defendant [knew] [had reasonable grounds to believe] that

it was occupied by one or more persons (or had reasonable grounds to

believe that it was occupied by one or more persons), and that the

defendant inflicted serious bodily injury to the victim(s), 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