N.C.P.I.—Crim. 236A.21

The defendant has been charged with felonious inciting to riot causing

a death.

For you to find the defendant guilty of felonious inciting to riot, the State

must prove two things beyond a reasonable doubt.

First, that the defendant willfully incited2 another person to engage in 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 disturbance3 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]4 [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 the 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)).]

One person willfully incites 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 Second, that the defendant’s incitement was a contributing cause

of a riot in which there was a death.

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 the defendant’s incitement was a contributing cause of a riot

in which there was a death, it would be your duty to return a verdict of guilty

of felonious inciting to riot. If you do not so find, or have a reasonable doubt

as to one or both of these things, it would be your duty to return a verdict of

not guilty.