NC · jury_instructions
N.C.P.I.—Crim. 213.25
MALICIOUSLY DAMAGING CHURCH OR OTHER BUILDING OF WORSHIP BY USE OF AN EXPLOSIVE OR INCENDIARY DEVICE. FELONY.
The defendant has been charged with willfully and maliciously
[damaging] [aiding the damaging of] [counseling the damaging of]
[procuring the damaging of] a [church] [chapel] [synagogue] [mosque]
[masjid] [other building of worship].
For you to find the defendant guilty of this offense, the State must
prove four things beyond a reasonable doubt.
First, that the defendant [damaged] [aided the damaging of]
[counseled the damaging of] [procured the damaging of] a [church]
[chapel] [synagogue] [mosque] [masjid] [other building of worship].
Second, that damage to the [church] [chapel] [synagogue][mosque]
[masjid] [other building of worship] was caused by the use of an
explosive or incendiary device. (Name device) is an explosive or
incendiary device.1
Third, that the defendant acted willfully; that is, intentionally and
without justification or excuse.
And Fourth, that the defendant acted maliciously. Malice means not
only hatred, ill will, or spite as it is ordinarily understood- to be sure,
that is malice, but it also means that condition of mind which prompts a
person to intentionally cause damage without just cause, excuse, or
justification.
If you find from the evidence beyond a reasonable doubt that on or
about the alleged date the defendant willfully [damaged] [aided the
damaging of] [counseled the damaging of] [procured the damaging of] a
[church] [chapel] [synagogue] [mosque] [masjid] [other building of
worship] and that damage occurred which was caused by the use of an
explosive or incendiary device, 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, it would be your duty to return a verdict of not
guilty.
History
N.C.P.I.—Crim. 213.25 (January 2004). N.C. Gen. Stat. § 14-49(b1). 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
3e6450f7b98bb9a62da692077e125eaa14fa0cf184d4c9e17cff7500f15ac1a8
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