N.C.P.I.—Crim. 208.90I

The defendant has been charged with discharging a barreled

weapon 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 barreled

weapon 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. 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 dwelling 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 dwelling was occupied by one or more persons.

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

injury3 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 and

intentionally discharged a barreled weapon into a dwelling (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, and that the defendant inflicted serious

bodily injury, 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