NC · jury_instructions

N.C.P.I.—Crim. 208.95F

ASSAULT ON EMERGENCY PERSONNEL—DANGEROUS [WEAPON] [SUBSTANCE]. FELONY.

activein force · 2023-09-01 – presentas-observed

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

officer] [a fireman] [an ambulance attendant] [a utility worker] [a doctor] [a

nurse] [a member of the North Carolina National Guard] [(describe other

persons lawfully engaged in providing essential services or otherwise

discharging or attempting to discharge his or her official duties during the

emergency)] with or through the use of any dangerous [weapon] [substance].

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

four things beyond a reasonable doubt:

First, that the victim was a [a law enforcement officer] [a fireman] [an

ambulance attendant] [a utility worker] [a doctor] [a nurse] [a member of the

North Carolina National Guard] [(describe other persons lawfully engaged in

providing essential services or otherwise discharging or attempting to

discharge his or her official duties during the emergency)]1;

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

[fireman] [ambulance attendant] [utility worker] [doctor] [nurse] [member of

the North Carolina National Guard] [(describe other persons lawfully engaged

in providing essential services or otherwise discharging or attempting to

discharge his or her official duties during the emergency)] by (describe

assault);

Third, that the defendant used a dangerous [weapon] [substance]2 to

carry out this assault by (describe assault);

And Fourth, that the assault was committed in an area [in which a

declared state of emergency existed] [within the immediate vicinity of which

a riot3 was occurring or was imminent].

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

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

[an ambulance attendant] [a utility worker] [a doctor] [a nurse] [a member

of the North Carolina National Guard] [(describe other persons lawfully

engaged in providing essential services or otherwise discharging or attempting

to discharge his or her official duties during the emergency)], that the

defendant assaulted the [law enforcement officer] [fireman] [ambulance

attendant] [utility worker] [doctor] [nurse] [member of the North Carolina

National Guard] [(describe other persons lawfully engaged in providing

essential services or otherwise discharging or attempting to discharge his or

her official duties during the emergency)], that the defendant used a

dangerous [weapon] [substance] to carry out this assault, and that the assault

was committed in an area [in which a declared state of emergency existed]

[within the immediate vicinity of which a riot was occurring or was imminent],

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, you would not return a

verdict of guilty of assault on emergency personnel through the use of a

dangerous weapon or substance, but you must determine whether the

defendant is guilty of felony assault on emergency personnel, which differs

from assault on emergency personnel through the use of a dangerous weapon

or substance in that the State need not prove beyond a reasonable doubt that

the defendant used a dangerous weapon or substance to carry out the assault.