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NC · jury_instructions

N.C.P.I.—Crim. 242.15

CULPABLY NEGLIGENT PATIENT ABUSE RESULTING IN DEATH. FELONY.

activein force · 2008-06-01 – presentas-observed

The defendant has been charged with culpably negligent physical

abuse of a [patient of a health care1] [resident of a residential care2]

facility resulting in the [patient’s] [resident’s] death.

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

prove four things beyond a reasonable doubt:

First, that the victim was a [patient of a health care] [resident of a

residential care] facility.

Second, that the defendant physically abused3 the [patient]

[resident] by (describe the physical abuse).

Third, that the defendant’s conduct was culpably negligent in

physically abusing the [patient] [resident]. Culpable negligence is

conduct of a willful, gross and flagrant character, evincing reckless

disregard for human life.4

And Fourth, that the defendant’s conduct proximately caused the

[patient’s] [resident’s] death. Proximate cause is a real cause, a cause

without which the victim’s death would not have occurred.

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

about the alleged date, the victim was a [patient of a health care]

[resident of a residential care] facility, the defendant physically abused

the [patient] [resident], the defendant’s conduct was culpably negligent

and the defendant’s conduct proximately caused the [patient’s]

[resident’s] death, 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. 242.15 (June 2008). N.C. Gen. Stat. § 14-32.2(a)-(b)(2). 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
f5ae340e6d652913ba0d711fb2d41819acededb2506badd242fd00db1848f8c6
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