N.C.P.I.—Crim. 208.94

The defendant has been charged with assault1 on a [[law enforcement]

[probation] [parole] officer]] [member of the North Carolina National Guard]

[person employed at a [state] [local] detention facility] 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 assaulted the alleged victim by intentionally2

(and without justification or excuse)3 (describe assault);

Second, that the defendant inflicted serious bodily injury. Serious bodily

injury is 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

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

Third, that the alleged victim was a [[law enforcement] [probation]

[parole] officer]] [member of the North Carolina National Guard] [person who

is employed at a detention facility operated under the jurisdiction of [the

State] [a local government];

Fourth, that the defendant knew or had reasonable grounds to know

that the alleged victim was a [[law enforcement] [probation] [parole] officer]]

[member of the North Carolina National Guard] [person who is employed at

a detention facility operated under the jurisdiction of [the State] [a local

government];

And Fifth, that the alleged victim was in the performance of the alleged

victim’s duties. (Describe duty, e.g., serving a warrant is a duty.)

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

about the alleged date, the defendant intentionally assaulted and inflicted

serious bodily injury upon the alleged victim who was a [[law enforcement]

[probation] [parole] officer]] [member of the North Carolina National Guard]

[person who is employed at a detention facility operated under the jurisdiction

of [the State] [a local government] in the performance of the alleged victim’s

duties and the defendant knew or had reasonable grounds to know that the

alleged victim was a [[law enforcement] [probation] [parole] officer]]

[member of the North Carolina National Guard] [person who is employed at a

detention facility operated under the jurisdiction of [the State] [a local

government], 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, then it

would be your duty to return a verdict of not guilty.4