NC · jury_instructions
N.C.P.I.—Crim. 270.54B
OPERATING A MOTOR VEHICLE TO ELUDE ARREST RESULTING IN DEATH. FELONY.
NOTE WELL: For the misdemeanor of operating a motor
vehicle to elude arrest use N.C.P.I.-Crim. 270.54. For
the felony of operating a motor vehicle to elude arrest
not resulting in death, use N.C.P.I.-Crim. 270.54A. For
the felony of operating a motor vehicle to elude arrest
accompanied by aggravating factors and resulting in
death use N.C.P.I.-Crim. 270.54C.
The defendant has been charged with felonious operation of a
motor vehicle to elude arrest resulting in death.
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 operating a motor vehicle on a
[street] [highway] [public vehicular area].
Second, that the defendant was [fleeing] [attempting to elude] a
law enforcement officer who was in the lawful performance of his duties.
A (describe officer's status, e.g., highway patrolman) is a law
enforcement officer with authority to enforce the laws of this State. A
person [flees] [attempts to elude] arrest or apprehension by a law
enforcement officer when he knows or has reasonable grounds to know
that an officer is a law enforcement officer, is aware that the officer is
attempting to arrest or apprehend that person, and acts with the purpose
of getting away in order to avoid arrest or apprehension by the officer.
And Third, that the defendant's [fleeing] [attempt to elude] the law
enforcement officer was the proximate cause of the death of any person.
If you find from the evidence beyond a reasonable doubt that on or
about the alleged date the defendant operated a motor vehicle on a
[street] [highway] [public vehicular area] while [fleeing] [attempting to
elude] a law enforcement officer who was in the lawful performance of his
duties and the defendant knew or had reasonable grounds to know that
the officer was a law enforcement officer, and that the defendant's
[fleeing] [attempting to elude] a law enforcement officer was the
proximate cause of the death of any person, 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.1
History
N.C.P.I.—Crim. 270.54B (June 2006). N.C. Gen. Stat. § 20-141.5(b1). 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
bc102d10aa6dd58fd26fe57613902bd7bfb399820a27dfe7f3c7e664838fecf4
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