N.C.P.I.—Crim. 208.95C

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

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

[person employed at a [state] [local] detention facility] by inflicting physical

injury.

For you to find the defendant guilty of this offense, the State must

prove five things beyond a reasonable doubt:

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

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

employed at a [state] [local] detention facility];

Second, that the defendant assaulted the [[law enforcement]

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

[person employed at a [state] [local] detention facility operated under the

jurisdiction of the [state] [local] government] by (describe assault);

Third, that the defendant

a) [did so while the [[law enforcement] [probation] [parole]

officer]] [member of the North Carolina National Guard] was

[discharging] [attempting to discharge] an official duty of said

office]. (Describe duties, e.g., making an arrest is a duty).

b) [did so while the person employed at a [state] [local] detention

facility was in the performance of the employee’s duties].

(Describe duties, e.g., supervision of inmates is a duty);

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 employed

at a [state] [local] detention facility];

And Fifth, that the defendant inflicted physical injury1 on the [[law

enforcement] [probation] [parole] officer]] [member of the North Carolina

National Guard] [person employed at a [state] [local] detention facility].

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

about the alleged date the alleged victim was a [[law enforcement]

[probation] [parole] officer]] [person employed at a [state] [local] detention

facility], that the defendant assaulted the [[law enforcement] [probation]

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

employed at a [state] [local] detention facility operated under the

jurisdiction of the [State] [local] government], that the defendant [did so

while the [[law enforcement] [probation] [parole] officer]] [member of the

North Carolina National Guard] was [discharging] [attempting to discharge]

an official duty of said office] [did so while the person employed at a [state]

[local] detention facility was in the performance of the employee’s duties],

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 employed at a [state] [local]

detention facility], and that the defendant inflicted physical injury on the

[[law enforcement] [probation] [parole] officer]] [member of the North

Carolina National Guard] [person employed at a [state] [local] detention

facility], then 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.