NC · jury_instructions
N.C.P.I.—Crim. 208.90K
DISCHARGING A BARRELED WEAPON INTO OCCUPIED VEHICLE IN OPERATION INFLICTING SERIOUS BODILY INJURY. FELONY.
The defendant has been charged with discharging a barreled
weapon1 into an occupied [vehicle] [aircraft] [watercraft] [(describe other
conveyance)] while in operation2 inflicting serious bodily injury.
For you to find the defendant guilty of this offense, the State must
prove five 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.
Fourth, that the [vehicle] [aircraft] [watercraft] [(describe other
conveyance)] was in operation.
And Fifth, 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 and
intentionally 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, that the
defendant [knew] [had reasonable grounds to believe] that it was
occupied by one or more persons, that the [vehicle] [aircraft] [watercraft]
[(describe other conveyance)] was in operation 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
History
N.C.P.I.—Crim. 208.90K (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
2b9778aff5eb503a06288aa54d4d2ddd0a49875def0d831606318767ca342aea
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