N.C.P.I.—Crim. 271.54

The defendant has been charged with felonious hit and run with

injury, which is failing to stop immediately at the scene when the

defendant was the driver of a vehicle involved in a crash2 which the

defendant knew or should have known resulted in injury to any person.

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.3

Second, that the vehicle was involved in a crash.

Third, that a person suffered injury in this crash.

Fourth, that the defendant knew or reasonably should have known

that the defendant was involved in a crash and that a person4 suffered

injury in this crash. The defendant's knowledge can be actual or implied-

that is 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 caused injury to 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] [remain] 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 which was

involved in a crash and that a person suffered injury in this crash, and

that the defendant knew or reasonably should have known that the

defendant was involved in a crash in which a person had suffered injury

and that the defendant intentionally (and without justification or excuse)

failed to [stop] [remain 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 injury. If you do

not so find or have a reasonable doubt as to one or more of these things,

you would not return a verdict of guilty of felonious hit and run with

injury, but you must determine whether the defendant is guilty of

misdemeanor hit and run. This offense differs from felonious hit and run

with injury 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 injury in 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

injury in 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.