N.C.P.I.—Crim. 271.50

The defendant has been charged with felonious hit and run which

resulted in [serious bodily injury 1] [death].

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

six things beyond a reasonable doubt:

First, that the defendant was driving a vehicle. 2

Second, that the vehicle was involved in a crash. 3

Third, that a person [suffered serious bodily injury in] [died as a result

of] this crash.

Fourth, that the defendant knew or reasonably should have known that

the defendant was involved in a crash and that a person 4 [suffered serious

bodily injury in] [died as a result of] this crash. The defendant's knowledge

can be actual or implied. It may be inferred where the circumstances proven

are such as would lead the defendant to believe that the defendant had been

in a crash which resulted in [serious bodily injury to] [the death of] a person. 5

Fifth, that the defendant [did not stop the defendant’s vehicle

immediately at the scene of the crash] [after stopping did not remain at the

scene of the crash until a law enforcement officer [completed the

investigation] [authorized the defendant to leave]]. 6

And Sixth, that the defendant's failure to [stop the defendant’s vehicle]

[remain at the scene of the crash] was willful, that is, intentional (and without

justification or excuse 7).

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

about the alleged date the defendant was driving a vehicle involved in a crash

and that a person [suffered serious bodily injury in] [died as a result of] this

crash, that the defendant knew or reasonably should have known that the

defendant was involved in a crash which resulted in [serious bodily injury to]

[the death of] a person, and that the defendant intentionally (and without

justification or excuse) failed to [stop the defendant’s vehicle] [remain at the

scene of the crash until a law enforcement officer [completed the

investigation] [authorized the defendant to leave]], it would be your duty to

return a verdict of guilty of felonious hit and run with [serious bodily injury]

[death]. If you do not so find or have a reasonable doubt as to one or more

of these things, you will not return a verdict of guilty of felonious hit and run

with [serious bodily injury] [death] but would consider whether the defendant

is guilty of misdemeanor hit and run. This offense differs from felonious hit

and run with [serious bodily injury] [death] in that it is not necessary that the

State prove beyond a reasonable doubt that the defendant knew or reasonably

should have known that a person [suffered serious bodily injury in] [died as a

result of] this crash (and that the defendant was not required to remain after

stopping). 8

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

about the alleged date the defendant was driving a vehicle which was involved

in a crash and that the defendant knew or should have known of the crash but

did not know or have reason to know that a person [suffered serious bodily

injury] [died as a result of] this crash, and that the defendant intentionally

(and without justification or excuse) failed to stop, it would be your duty to

return a verdict of guilty of misdemeanor hit and run. 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.