NC · jury_instructions

N.C.P.I.—Crim. 230.34

RESISTING, DELAYING, OR OBSTRUCTING A PUBLIC OFFICER—SERIOUS BODILY INJURY. FELONY.

activein force · 2022-06-01 – presentas-observed

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

prove six 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).2

Fourth, that the defendant [resisted] [delayed] [obstructed] the

alleged victim in [discharging] [attempting to discharge] an official duty.

Fifth, that the defendant acted willfully and unlawfully, that is

intentionally3 (and without justification or excuse).4

And Sixth, that the defendant’s [resistance] [delay] [obstruction]

proximately caused serious bodily injury to the alleged victim. Serious

bodily injury is injury that creates a substantial risk of death, or that

causes serious permanent disfigurement, coma, a permanent or

protracted condition that causes extreme pain, or permanent or

protracted loss or impairment of the function of any bodily member or

organ, or that results in prolonged hospitalization.5 Proximate cause is a

real cause, a cause without which the alleged victim’s serious bodily

injury would not have occurred, and one that a reasonably careful and

prudent person could foresee would probably produce such injury or some

similar injurious result. (The defendant’s act need not have been the only

cause, nor the last or nearest cause. It is sufficient if it occurred with

some other cause acting at the same time, which, in combination with,

caused the serious bodily injury to the alleged victim.)6

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, that the defendant willfully and unlawfully

[resisted] [delayed] [obstructed] the alleged victim in [discharging]

[attempting to discharge] an official duty, and the [resistance] [delay]

[obstruction] was the proximate cause of the alleged victim’s serious

bodily injury, 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, you will not return a verdict guilty of willfully and unlawfully

[resisting] [delaying] [obstructing] a public officer in [discharging]

[attempting to discharge] an official duty, proximately causing serious

bodily injury to the public officer, but you must determine whether the

defendant is guilty of willfully and unlawfully [resisting] [delaying]

[obstructing] a public officer in [discharging] [attempting to discharge] an

official duty, proximately causing serious injury to the public officer.7

This charge differs from willfully and unlawfully [resisting]

[delaying] [obstructing] a public officer in [discharging] [attempting to

discharge] an official duty, proximately causing serious bodily injury to

the public officer in that for you to find the defendant guilty of this

offense, the defendant’s [resistance] [delay] [obstruction] must have

proximately caused serious injury to the alleged victim. Serious injury is

injury that causes great pain and suffering.8