N.C.P.I.—Crim. 240.71

The defendant has been charged with Domestic Neglect of a

[Disabled] [Elder] Adult Inflicting [Mental] [Physical] Injury.

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

prove six things beyond a reasonable doubt.

First, that the defendant was a caretaker of the alleged victim. A

caretaker is a person who has the responsibility for the care of a

[disabled] [elder] adult as a result of family relationship or who has

assumed the responsibility for the care of a [disabled] [elder] adult

[voluntarily] [by contract.]

Second, that the alleged victim was a [disabled] [elder] adult. [A

disabled adult is a person eighteen years of age or older, who is present

in the State of North Carolina, and who is [physically] [mentally]

incapacitated due to mental retardation, cerebral palsy, epilepsy, autism,

organic brain damage, caused by advanced age or other physical

degeneration in connection therewith, or due to conditions incurred at any

age which are the result of [accident] [organic brain damage] [[mental]

[physical] illness] [continued consumption or absorption of substances.]

[An elder adult is a person sixty years of age or older who is not able to

provide for the social, medical, psychiatric, psychological, financial or

legal services necessary to safeguard the person’s rights and resources to

maintain the person’s physical and mental well-being.]

Third, that the alleged victim was residing in a domestic setting. A

domestic setting is any residential setting except for a health care facility

or residential care facility.

Fourth, that the defendant committed domestic neglect of a

[disabled] [elder] adult in that he [failed to provide [medical] [hygienic]

care to the alleged victim] [[confined] [restrained] the alleged victim]. To

[confine] [restrain] is to imprison or restrict the freedom of movement of

the alleged victim, in a place or under a condition that was cruel or

unsafe.

Fifth, that in doing so the defendant acted [wantonly] [recklessly]

[with gross carelessness].

And Sixth, as a result, the alleged victim suffered a [mental]

[physical] injury.

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

about the alleged date, the defendant was a caretaker of the alleged

victim, the alleged victim was a [disabled] [elder] adult, the alleged

victim was residing in a domestic setting, that the defendant [failed to

provide [medical] [hygienic] care to the alleged victim] [[confined]

[restrained] the alleged victim [in a place] [under a condition] that was

unsafe], and in doing so the defendant acted [wantonly] [recklessly]

[with gross carelessness] and the alleged victim suffered a [mental]

[physical] injury, 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.