NC · jury_instructions
N.C.P.I.—Crim. 239.55C
FELONIOUS CHILD ABUSE (RECKLESS DISREGARD-SERIOUS BODILY INJURY). FELONY; MISDEMEANOR.
NOTE WELL: Use N.C.P.I.-Crim. 239.55D if serious
physical injury is alleged.
The defendant has been charged with felonious child abuse by
reckless disregard for human life in the care of a child resulting in serious
bodily injury.
For you to find the defendant guilty of this offense, the State must
prove five 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.
Third, that the defendant:
a) willfully (describe conduct)2; or
b) willfully (describe conduct) which amounted to a grossly
negligent omission. A grossly negligent omission is a wanton
omission done with conscious or reckless disregard for the
rights and safety of others.3
Fourth, that the defendant’s [willful conduct] [grossly negligent
omission] resulted in serious bodily injury to the child. Serious bodily
injury is bodily injury that creates a substantial risk of death or that
causes permanent disfigurement, a coma, a permanent or protracted
condition that causes extreme pain, or permanent or protracted loss or
impairment of the function of any bodily member or organ, or that results
in prolonged hospitalization.
And Fifth, that the defendant’s [willful conduct] [grossly negligent
omission] in the care of the child was a reckless disregard for human life.
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’s [willful
act] [grossly negligent omission] in the care of the child was a reckless
disregard for human life and resulted in serious bodily injury to the child,
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. 239.55C (June 2014). N.C. Gen. Stat. §§ 14-318.4(a4), 14-318.2. 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
1b2e3859c61b1aca82922311962d55fe1a5b1aa6ba306861a430a7ff613aa877
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