NC · jury_instructions
N.C.P.I.—Crim. 236B.25
ASSAULT OR THREAT OF A LAW ENFORCEMENT OFFICER DURING A STREET TAKEOVER. FELONY.
The defendant has been charged with assault or threat of a law
enforcement officer during a street takeover.
For you to find the defendant guilty of this offense, the State must prove
four things beyond a reasonable doubt.
First, that the defendant operated a motor vehicle in a street takeover.
A street takeover1 is defined as the unauthorized taking over of a portion of
highway, street, or public vehicular area by blocking or impeding the regular
flow of traffic with a motor vehicle to perform a motor vehicle stunt,2 contest,
or exhibition.
Second, that the defendant did so knowingly.
Third, that the defendant [assaulted3 the alleged victim by (describe
assault)] [knowingly and willfully threatened4 the alleged victim].
And Fourth, that the alleged victim was a law enforcement officer and
the defendant knew or had reasonable grounds to know that the alleged victim
was a law enforcement officer.
(A true threat is defined as an objectively threatening statement
communicated by a party who possesses the subjective intent to threaten a
listener or identifiable group.5 An objectively threatening statement is one that
would be understood, by a reasonably prudent person perceiving it within its
proper context, as a serious expression of an intent by the speaker to assault
another person. Subjective intent requires that the speaker intended the
statement to be understood as a threat.6 (Intent is a mental attitude seldom
provable by direct evidence. It must ordinarily be proved by circumstances
from which it may be inferred. You arrive at the intent of a person by such
just and reasonable deductions from the circumstances proven as a
reasonably prudent person would ordinarily draw therefrom.)7)
If you find from the evidence beyond a reasonable doubt that on or
about the alleged date the defendant knowingly operated a motor vehicle in a
street takeover, [assaulted] [knowingly and willfully threatened] the alleged
victim, the alleged victim was a law enforcement officer and the defendant
knew or had reasonable grounds to know that the alleged victim was a law
enforcement officer, 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.
History
N.C.P.I.—Crim. 236B.25 (December 2023). N.C. Gen. Stat. § 20-141.10(e). Prepared by the North Carolina Conference of Superior Court Judges' Committee on Pattern Jury Instructions, assisted by the UNC School of Government; published by the School of Government.
Provenance
- Source
- sog.unc.edu
- Retrieved
- 2026-09-25
- Edition
- 2026-09-24
- Content hash
9bda057b82e4024bda924ca6436b2101b956095f45444df82da926301d5fb7ba
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