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NC · jury_instructions

N.C.P.I.—Crim. 208.95G

ASSAULT ON EMERGENCY PERSONNEL. FELONY.

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

The defendant has been charged with assault upon [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)].

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

three 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);

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

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

a riot2 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)], 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, then it would be your

duty to return a verdict of not guilty.

History

N.C.P.I.—Crim. 208.95G (Replacement September 2023). N.C. Gen. Stat. § 14-288.9(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
a201462f43101c88cd188637ffb76e6d750f32f751bbad1bee17c89d7048378c
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