NC · jury_instructions
N.C.P.I.—Crim. 271.72
FAILURE TO RENDER ASSISTANCE-PASSENGER. MISDEMEANOR.
The defendant has been charged with failing to render reasonable
assistance at the scene when he was a passenger of a vehicle involved in
a(n) [accident] [collision] and it is apparent that assistance was
necessary or was requested by an injured 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 a passenger of a vehicle.1
Second, that the vehicle was involved in a(n) [accident] [collision].
Third, that a person was physically injured in this [accident]
[collision].
Fourth, that the defendant knew or reasonably should have known
that he was involved in a(n) [accident] [collision] and that a person2 was
physically injured in that [accident] [collision]. The defendant's
knowledge can be actual or implied- that is, it may be inferred where the
circumstances proven are such as would lead a passenger to believe that
the passenger had been in an accident which caused physical injury to a
person.3
Fifth, that the defendant did not render reasonable assistance to
the person injured when [it was apparent that such assistance was
necessary] [requested by the injured person]].
And Sixth, that the defendant's failure was willful, that is,
intentional (and without justification or excuse).
If you find from the evidence beyond a reasonable doubt that on or
about the alleged date the defendant was a passenger of a vehicle that
was involved in a(n) [accident] [collision] in which a person was
physically injured, that the defendant knew or reasonably should have
known that he had been in that [accident] [collision] and that a person
had been injured, that the defendant did not render reasonable
assistance to the person injured when [it was apparent that this was
necessary] [requested by the injured person], and that the defendant's
failure to do so was willful (and without justification or excuse), 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.
History
N.C.P.I.—Crim. 271.72 (June 2006). N.C. Gen. Stat. § 20-166.2(b). 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
582e5314cb3fab08708248ffeaa0645337cffc35405081fd90531bda3901d9a1
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