N.C.P.I.—Crim. 208.95E

[SERIOUS BODILY INJURY INFLICTED] [DEADLY WEAPON USED OTHER

THAN A FIREARM] IN ASSAULT ON [FIREFIGHTER] [EMERGENCY MEDICAL

TECHNICIAN] [EMERGENCY HEALTH CARE PROVIDER] [MEDICAL

RESPONDER] [EMERGENCY DEPARTMENT PERSONNEL]. FELONY.

The defendant has been charged with [inflicting serious bodily injury]

[using a deadly weapon other than a firearm] in the assault on [[[an

emergency medical technician] [an emergency health care provider]] [a

medical responder] [an emergency department [physician] [physician

assistant] [nurse] [licensed nurse practitioner]] [a firefighter]].

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

prove five things beyond a reasonable doubt:

First, that the victim was [[[an emergency medical technician] [an

emergency health care provider]] [a medical responder] [an emergency

department [physician] [physician assistant] [nurse] [licensed nurse

practitioner]] [a firefighter]]1;

Second, that the defendant [assaulted] [[[an emergency medical

technician] [an emergency health care provider]] [a medical responder] [an

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emergency department [physician] [physician assistant] [nurse] [licensed

nurse practitioner]] [a firefighter]] by (describe assault);

Third, that the defendant [inflicted serious bodily injury] [used a

deadly weapon other than a firearm] in this assault. (Serious bodily injury is

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

function of any bodily member or organ, or prolonged hospitalization). (A

deadly weapon is a weapon which is likely to cause death or serious bodily

injury);

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

that the victim was [[[an emergency medical technician] [an emergency

health care provider]] [a medical responder] [an emergency department

[physician] [physician assistant] [nurse] [licensed nurse practitioner]] [a

firefighter]];

And Fifth, that the defendant did so while the [[[emergency medical

technician] [emergency health care provider]] [medical responder]

[emergency department [physician] [physician assistant] [nurse] [licensed

nurse practitioner]] [firefighter]] was [discharging] [attempting to

discharge] [his] [her] official duties (Describe duties, e.g., controlling and

extinguishing fires is a duty of a firefighter).

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

about the alleged date the victim was [[[an emergency medical technician]

[an emergency health care provider]] [a medical responder] [an emergency

department [physician] [physician assistant] [nurse] [licensed nurse

practitioner]] [a firefighter]], that the defendant [assaulted] [[[an

emergency medical technician] [an emergency health care provider]] [a

medical responder] [an emergency department [physician] [physician

assistant] [nurse] [licensed nurse practitioner]] [a firefighter]], that the

defendant [inflicted serious bodily injury] [used a deadly weapon other than

a firearm], that the defendant knew or had reasonable grounds to know that

the victim was [[[an emergency medical technician] [an emergency health

care provider]] [a medical responder] [an emergency department

[physician] [physician assistant] [nurse] [licensed nurse practitioner]] [a

firefighter]], and that the defendant did so while the [[[emergency medical

technician] [emergency health care provider]] [medical responder]

[emergency department [physician] [physician assistant] [nurse] [licensed

nurse practitioner]] [firefighter]] was [discharging] [attempting to

discharge] [his] [her] official duties, 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.