NC · jury_instructions
N.C.P.I.—Crim. 259.95
ILLEGAL OPERATION OF AMUSEMENT DEVICES CAUSING [DEATH] [SERIOUS INJURY]. FELONY.
NOTE WELL: A person who willfully violates any
provision of Article 14B of Chapter 95 of the General
Statutes, which includes the illegal operation of an
amusement device, and the violation causes serious
injury to or death of any person is guilty of a Class E
felony, which must include a fine. See N.C. Gen. Stat. §
95-113.13(j).
The defendant has been charged with the illegal operation of an
amusement device1 causing [the death of] [serious injury to] a person.
For you to find the defendant guilty of this offense, the State must
prove two things beyond a reasonable doubt:
First, that the defendant
a. [operated (an) amusement device(s) without certificate of
operation];
b. [operated (an) amusement device(s) after [defendant was
refused a certificate of operation] [a certificate of operation was
revoked];
c. [knowingly permitted the operation of (an) amusement device(s)
in violation of operator requirements pursuant to the
Amusement Device Safety Act of North Carolina]2;
d. [operated (an) [unsafe amusement device3] [amusement
device(s) while impaired]].
And Second, that the defendant’s operation of (an) amusement
device(s) caused [the death of] [serious injury to] a person.
If you find from the evidence beyond a reasonable doubt that on or
about the alleged date the defendant [operated (an) amusement
device(s) without certificate of operation]; [operated (an) amusement
device(s) after [defendant was refused a certificate of operation] [a
certificate of operation was revoked]]; [knowingly permitted the operation
of (an) amusement device(s) in violation of operator requirements
pursuant to the Amusement Device Safety Act of North Carolina];
[operated (an) [unsafe amusement device(s)4] [amusement device(s)
while impaired]], and that defendant’s operation of (an) amusement
device(s) caused [the death of] [serious injury to] a person, then it would
be your duty to return a verdict of guilty. If you do not so find, or have
reasonable doubt as to one or both of these things, then it would be your
duty to return a verdict of not guilty.
History
N.C.P.I.—Crim. 259.95 (June 2016). N.C. Gen. Stat. § 95-111.13. 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
db6d2dcdb69382880cb004c17d1b8714fd6314fd7bb16e017aa0dd83e6122489
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