NC · jury_instructions
N.C.P.I.—Crim. 230.30
RESISTING, DELAYING, OR OBSTRUCTING A PUBLIC OFFICER—ALL SITUATIONS OTHER THAN ARREST. MISDEMEANOR. N.C.G.S. § 14-223
The defendant has been charged with willfully and unlawfully [resisting]
[delaying] [obstructing] a public officer in [discharging] [attempting to
discharge] an official duty.
Now I charge that for you to find the defendant guilty of this offense the
State must prove five things beyond a reasonable doubt.
First, that the alleged victim was a public officer. A (state alleged
victim's title, e.g., highway patrolman, building inspector, probation officer) is
a public officer.
Second, that the defendant knew or had reasonable grounds to believe
that the alleged victim was a public officer.
Third, that the alleged victim was [discharging] [attempting to
discharge] an official duty. (Describe what alleged victim was doing, e.g.,
directing traffic, inspecting wiring, making a home visit), is an official duty of
a (state alleged victim's title, e.g., highway patrolman, building inspector,
probation officer).1
Fourth, that the defendant [resisted] [delayed] [obstructed] the alleged
victim in [discharging] [attempting to discharge] an official duty.
And Fifth, that the defendant acted willfully and unlawfully, that is
intentionally2 (and without justification or excuse).3
So I charge that if you find from the evidence beyond a reasonable doubt
that on or about the alleged date the alleged victim was a public officer, that
the defendant knew or had reasonable grounds to believe the alleged victim
was a public officer, that the alleged victim was [discharging] [attempting to
discharge] an official duty, and that the defendant willfully and unlawfully
[resisted] [delayed] [obstructed] the alleged victim in [discharging]
[attempting to discharge] an official duty, it would be your duty to return a
verdict of guilty. However, 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. 230.30 (Replacement June 2022). 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
- 2026-09-25
- Edition
- 2026-09-24
- Content hash
dd6e1bcb719f9a338fa65f7ba043221b057fe7154b93b12ef111a4f8be115e35
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