N.C.P.I.—Crim. 236A.15

The defendant has been charged with feloniously engaging in a riot.

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

three things beyond a reasonable doubt:

First, that there was a riot.

A riot is a public disturbance, involving an assemblage of three or more

persons which, by violent and disorderly conduct or the imminent threat of

violent and disorderly conduct,

[results in injury or damage to persons or property]

(or)

[creates a clear and present danger of injury or damage to persons or

property].

A public disturbance1 is any annoying, disturbing or alarming act or

conduct, exceeding the bounds of social toleration normal for the time and

place in question. The disturbance must [occur in] [affect or be likely to affect

persons in] a [public place]2 [place to which [the public] [a substantial group]

has access]. ((Name place, i.e., the yard of Prospect Methodist Church) is a

[public place] [place to which [the public] [a substantial group] has access.])

((Name group, e.g., the Members of Prospect Church) are a substantial

group.))

Violent and disorderly conduct consists of:

a) [fighting or other violent conduct.]

b) [(an) [utterance] [gesture] [display] [abusive language] which

was intended by the person using it to provoke violent retaliation

and thereby cause a breach of the peace, and which was likely to

do so.]

c) [(Describe any other form of disorderly conduct relied upon by the

State. See N.C. Gen. Stat. § 14-288.4(a)(3) through (6)).]

Second, that the defendant willfully engaged3 in the riot. Willfully means

intentionally and without justification or excuse.4

And Third, that in the course of the riot the defendant [brandished a

dangerous weapon] [used a dangerous substance]. ((Name weapon or

substance) is a dangerous [weapon] [substance]).5 (A dangerous weapon or

substance is any [deadly weapon] [ammunition] ([explosive] [incendiary

device] [radioactive material or device as defined in G.S. 14-288.8(c)(5)] [any

instrument or substance designed for a use that carries a threat of serious

bodily injury or destruction of property] [any instrument or substance that is

capable of being used to inflict serious bodily injury, when the circumstances

indicate a probability that such instrument or substance will be so used] [any

part or ingredient in any instrument or substance included above, when the

circumstances indicate a probability that such part or ingredient will be so

used]).6

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

about the alleged date, the defendant willfully engaged in a riot at (describe

place), and that in the course of the riot the defendant [brandished a

dangerous weapon] [used a dangerous substance], it would be your duty to

return a verdict of guilty of feloniously engaging in a riot. 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 of guilty of feloniously engaging in a riot.7

If you do not find the defendant guilty of feloniously engaging in a riot,

you must determine whether the defendant is guilty of misdemeanor engaging

in a riot, which differs from feloniously engaging in a riot in that it is not

necessary for the State to prove beyond a reasonable doubt that in the course

of the riot the defendant [brandished a dangerous weapon] [used a dangerous

substance].

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

about the alleged date, the defendant willfully engaged in a riot at (describe

place), it would be your duty to return a verdict of guilty of misdemeanor

engaging in a riot. 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.