N.C.P.I.—Crim. 208.95I

The defendant has been charged with assault causing serious bodily

injury to [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

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 inflicted serious bodily injury on the victim.

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 that results

in prolonged hospitalization].2

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 inflicted serious

bodily injury on the victim, 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 causing serious bodily injury, but you must determine

whether the defendant is guilty of felony assault on emergency personnel,

which differs from assault on emergency personnel causing serious bodily

injury in that the State need not prove beyond a reasonable doubt that the

defendant inflicted serious bodily injury on the victim.

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 of assault on emergency personnel.

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.