NC · jury_instructions
N.C.P.I.—Crim. 239.57
FELONIOUS CHILD ABUSE [INFLICTING SERIOUS BODILY INJURY] [RESULTING IN PERMANENT OR PROTRACTED LOSS OR IMPAIRMENT OF ANY MENTAL OR EMOTIONAL FUNCTION]. FELONY.
The defendant has been charged with felonious child abuse [inflicting
serious bodily injury] [resulting in permanent or protracted loss or
impairment of any mental or emotional function].
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 a serious bodily injury to the child] (or) [intentionally
assaulted the child which proximately resulted in serious bodily injury to the
child] (or) [intentionally assaulted the child which proximately resulted in
permanent or protracted loss or impairment of any mental or emotional
function of the child]. (A serious bodily injury is defined as a bodily injury
that creates a substantial risk of death, or that causes serious permanent
disfigurement, 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.) 4
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]] a child, that the child had not reached
the child’s sixteenth birthday, and that the defendant (without justification
or excuse) [intentionally inflicted a serious bodily injury to the child] (or)
[intentionally assaulted the child which proximately resulted in serious bodily
injury to the child] (or) [intentionally assaulted the child which proximately
resulted in permanent or protracted loss or impairment of any mental or
emotional function of 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. 239.57 (Replacement June 2009). N.C. Gen. Stat. § 14-318.4(a3). 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
83a948d62231ded0c663f3c4014d3f4691b636c2d47c8eb6619c06398e021c82
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