N.C.P.I.—Crim. 208.95K

The defendant has been charged with assault causing the death of [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 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];

And Fourth, that the assault caused the death of 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)].

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 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], and that

the assault caused the death of 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)], 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 death, but you must

determine whether the defendant is guilty of felony assault on emergency

personnel, which differs from assault on emergency personnel causing death

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

defendant’s assault caused the death of 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.