NC · jury_instructions
N.C.P.I.—Crim. 208.90H
DISCHARGING A FIREARM INTO OCCUPIED DWELLING INFLICTING SERIOUS BODILY INJURY. FELONY.
The defendant has been charged with discharging a firearm into an
occupied dwelling1 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 dwelling (without justification or excuse).2 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 dwelling was occupied by one or more persons at
the time that the firearm was discharged.
Third, that the defendant [knew] [had reasonable grounds to
believe] that the dwelling 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 dwelling (without justification or excuse),3 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 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.4
History
N.C.P.I.—Crim. 208.90H (June 2011). N.C. Gen. Stat. § 14-34.1(c). 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
040340b32f78ec8bc198e2bd6f63cdd57c4c8a1d329f7b8d0cf322ebb22f7458
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