N.C.P.I.—Crim. 280.40

The defendant has been charged with escape from imprisonment by

use of a weapon capable of inflicting serious bodily injuries or 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:

[A. In the custody of the Division of Prisons. A person sentenced

to [any unit of the State prison system] [jail to be assigned to work

under the State Department of Correction] is in the custody of the

Division of Prisons.]1

[B. Under the custody of a local confinement facility.2 (Name

detention facility) is a local confinement facility.]

Second, that the defendant escaped from imprisonment.

And Third, that the defendant effected his escape by the use of a

weapon capable of inflicting serious bodily injury or death. [(Name

weapon) is capable of inflicting serious bodily injuries or death] [In

determining whether (name weapon) was capable of inflicting serious

bodily injuries or death, you should consider the nature of the weapon

and the manner in which it could be used.]

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

about the alleged date the defendant was in the custody of [the Division

of Prisons] [a local confinement facility] and that while the defendant

was in such custody, the defendant escaped by the use of a weapon

capable of inflicting serious bodily injury or death, 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.3