N.C.P.I.—Crim. 235.45

The defendant, has been charged with use of an unmanned aircraft

system near a forest fire causing serious bodily injury.1

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

four things beyond a reasonable doubt:

First, that the defendant was a [person] [entity] [State agency].

Second, that the defendant used an unmanned aircraft system.

Third, that the defendant did so within a [horizontal]2 [vertical] distance

of 3,000 feet from any forest fire within the jurisdiction of the North Carolina

Forest Service.

And Fourth, that the use of the unmanned aircraft system was a

proximate cause of serious bodily injury to the victim. Serious bodily injury is

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] [prolonged hospitalization].3 A proximate cause

is a real cause, a cause without which the victim's injury would not have

occurred, and one that a reasonably careful and prudent person could foresee

would probably produce such [injury] [damage] 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 injury to the victim.)

If you find from the evidence beyond a reasonable doubt that on or

about the alleged date, the defendant was a [person] [entity] [State agency],

that the defendant used an unmanned aircraft system within a [horizontal]

[vertical] distance of 3,000 feet from any forest fire within the jurisdiction of

the North Carolina Forest Service, and that the use of the unmanned aircraft

system was a proximate cause of serious bodily injury to the victim, 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.4