NC · jury_instructions

N.C.P.I.—Crim. 239.98

DISTRIBUTION OF CERTAIN [FOOD][BEVERAGE] PROHIBITED – POISONOUS CHEMICAL, COMPOUND, OR FOREIGN SUBSTANCE. FELONY.

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

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

two 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].

And Second, at the time that the food was [distributed] [sold] [given

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

the defendant knew the [food] [beverage] (or other) [[eatable] [drinkable]

substance] contained any [poisonous chemical] [poisonous compound]

[foreign substance which might cause [death] [serious physical injury]

[serious physical pain and discomfort]]. [(Name substance) is a [poisonous

chemical] [poisonous compound] [foreign substance which might cause

[death] [serious physical injury] [serious physical pain and discomfort]]. [In

determining whether (name substance) was a [poisonous chemical]

[poisonous compound] [foreign substance which might cause [death] [serious

physical injury] [serious physical pain and discomfort]], you should consider

the nature of (name foreign substance) and its propensity to cause death,

serious physical injury or serious physical pain and discomfort when

ingested.]1

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 [poisonous chemical] [poisonous compound] [foreign substance which

might cause [death] [serious physical injury] [serious physical pain and

discomfort]], it would be your duty to return a verdict of guilty. If you do not

so find or if you have a reasonable doubt as to one or both of these things, it

would be your duty to return a verdict of not guilty.

History

N.C.P.I.—Crim. 239.98 (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: f824d9f32032a2cbf6710b033d14359820f23a5a322a26af3f314ae58e98e6a4

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