NC · jury_instructions
N.C.P.I.—Crim. 239.55
FELONIOUS CHILD ABUSE. FELONY; MISDEMEANOR.
The defendant has been charged with felonious child abuse.
For you to find the defendant guilty of this offense, the State must
prove three things beyond a reasonable doubt:
First, that the defendant was [the parent of] [a person providing [care
to] [supervision of]] 1 the child.
Second, that at that time the child had not yet reached the child’s
sixteenth birthday.
And Third, that the defendant (without justification or excuse)2
[intentionally 3 inflicted serious physical injury upon the child] (or)
[intentionally assaulted the child which proximately resulted in serious
physical injury to the child]. A serious physical injury 4 is such physical injury
as causes great pain and suffering (including serious mental injury 5).
If you find from the evidence beyond a reasonable doubt that on or
about the alleged date the defendant was [the parent of] [a person
providing [care for] [supervision of]] the child and that the child had not
reached the child’s sixteenth birthday, and that the defendant (without
justification or excuse) [intentionally inflicted a serious physical injury upon
the child] [intentionally assaulted the child which proximately resulted in a
serious physical injury to the child], it would be your duty to return a verdict
of guilty of felonious child abuse. 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 felonious child abuse, but will consider whether the defendant is
guilty of misdemeanor child abuse. Misdemeanor child abuse differs from
felonious child abuse in that it is not necessary that the defendant
intentionally caused the child to suffer serious physical injury, only that the
defendant inflicted physical injury to the child other than by accidental
means. 6
If you find from the evidence beyond a reasonable doubt that on or
about the alleged date the defendant was [the parent of] [a person
providing [care for] [supervision of]] the child, that the child had not
reached the child’s sixteenth birthday, and that the defendant inflicted
physical injury to the child (other than by accidental means), it would be
your duty to return a verdict of guilty of misdemeanor child abuse. 7 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. 239.55 (Replacement June 2009). N.C. Gen. Stat. §§ 14-318.4(a), 318.2. 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
c0df8e8f3a356d9edf6fb4c38a001167ddc7b71739a2bc113f3713911caca1aa
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