N.C.P.I.—Crim. 236A.20

The defendant has been charged with inciting to riot.

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

three things beyond a reasonable doubt.

First, that a riot occurred.

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 disturbance2 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]3 [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)).]

(A clear and present danger of a riot exists only when each of the

elements of a riot just described is about to occur and will occur immediately

if there is no timely intervention.)

Second, that the defendant willfully incited4 another person to engage

in a riot.

One person willfully incites or urges another person to engage in a riot

when the first person specifically intends to cause the other to engage in the

riot and carries out this intent by using words or gestures which are reasonably

likely to cause the other to do so immediately.5

And Third, that the riot resulted or was directly and imminently likely to

be produced from the defendant's incitement.

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

about the alleged date, the defendant willfully incited another person to

engage in a riot and that, as a result of this incitement, a riot occurred, it

would be your duty to return a verdict of guilty of inciting to 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.