N.C.P.I.—Crim. 240.80

NOTE WELL: Any employee or volunteer who uses reasonable

force to carry out the provisions of G.S. § 122C-60 or to protect

himself/herself or others from a violent client does not violate

this subsection.

The defendant has been charged with knowingly causing [pain]

[injury] to a client other than as a part of a generally accepted [medical]

[therapeutic] procedure.1

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 a(n) [employee] [volunteer] at (name

facility), a facility whose primary purpose is to provide services for the [care]

[treatment] [habilitation] [rehabilitation] of individuals with [mental illness]

[developmental disabilities] [substance abuse disorders].

Second, that (name victim) was a client at (name facility).

And Third, that the defendant knowingly caused [pain] [injury] to

(name victim), other than as part of a generally accepted [medical]

[therapeutic] procedure.

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

about the alleged date the defendant was a(n) [employee] [volunteer] at

(name facility), a facility where the primary purpose is to provide services

for the [care] [treatment] [habilitation] [rehabilitation] of individuals with

[mental illness] [developmental disabilities] [substance abuse disorders],

that (name victim) was a client at (name facility), and that the defendant

knowingly caused [pain] [injury] to (name victim), other than as part of a

generally accepted [medical] [therapeutic] procedure, 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, then it would be your duty to return

a verdict of not guilty.