NC · jury_instructions

N.C.P.I.—Crim. 239.97

DISTRIBUTION OF CERTAIN [FOOD] [BEVERAGE]–NOXIOUS SUBSTANCES; MILD PHYSICAL DISCOMFORT. FELONY.

activein force · 2020-06-01 – presentas-observed

For you to find the defendant guilty of this offense, the State must prove

three things beyond a reasonable doubt:

First, that the defendant knowingly [distributed] [sold] [gave away]

[caused to be placed in a position of human [accessibility][ingestion]] any

[food] [beverage] (or other) [[eatable] [drinkable] substance].

Second, at the time that the [food] [beverage] (or other) [[eatable]

[drinkable] substance] was [distributed] [sold] [given away] [caused to be

placed in a position of human [accessibility][ingestion]] that the defendant

knew the food contained any noxious or deleterious substance, material or

article that might be injurious to a person's health or might cause a person

any physical discomfort.

And Third, the [actual effect on a person eating the [food] [beverage]

(or other) [[eatable] [drinkable] substance] was limited to mild physical

discomfort without any lasting effect] [the possible effect on a person eating

the [food] [beverage] (or other) [[eatable] [drinkable] substance] would be

limited to mild physical discomfort without any lasting effect].

If you find from the evidence beyond a reasonable doubt that on or

about the alleged date the defendant knowingly [distributed] [sold] [gave

away] [caused to be placed in a position of human [accessibility][ingestion]]

any [food][beverage] (or other) [[eatable] [drinkable] substance], knowing

the [food] [beverage] (or other) [[eatable] [drinkable] substance] contained

any noxious or deleterious substance, material or article that might be

injurious to a person's health or might cause a person any physical discomfort,

and the [actual effect on a person eating the [food] [beverage] (or other)

[[eatable] [drinkable] substance] was limited to mild physical discomfort

without any lasting effect] [the possible effect on a person eating the [food]

[beverage] (or other) [[eatable] [drinkable] substance] would be limited to

mild physical discomfort without any lasting effect], 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. 239.97 (Replacement June 2020). N.C. Gen. Stat. § 14-401.11. 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: 99253ded96fca9a8e945ccfd0a3bd5f635382830509be813578a133447407973

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