N.C.P.I.—Crim. 242.25

NOTE WELL: The injury required is bodily injury. A

“pattern of patient abuse” (N.C.P.I. 242.25) does not

require that the injury be serious bodily injury only that

there be bodily injury. N.C. Gen. Stat. § 14-32.2(a)-(b)

(4).

The defendant has been charged with a pattern of willful or

culpably negligent physical abuse of a [patient of a health care2]

[resident of a residential care3] facility resulting in bodily injury.

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

prove five 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 abused4 the [patient]

[resident] by (describe the physical abuse).

Third, that the defendant’s conduct was [willful] [culpably

negligent]. (Culpable negligence is conduct of a willful, gross and

flagrant character, evincing reckless disregard for human life.5).

Fourth, that the defendant’s conduct proximately caused bodily

injury to the [patient] [resident]. Proximate cause is a real cause, a

cause without which the victim’s bodily injury would not have occurred.

And Fifth, that the defendant’s conduct shows a pattern of [willful]

[culpably negligent] conduct. A pattern is two or more instances of

similar conduct. (Describe the instances of similar conduct.)

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

about the alleged dates, 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 [willful] [culpably

negligent], the defendant’s conduct proximately caused bodily injury to

the [patient] [resident], and the defendant’s conduct shows a pattern of

conduct, 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.