NC · jury_instructions
N.C.P.I.—Crim. 280.41
ASSAULT WITH A DEADLY WEAPON INFLICTING BODILY INJURY WHILE ASSISTING A PRISONER TO ESCAPE OR ATTEMPT TO ESCAPE. FELONY.
The defendant has been charged with assault with a deadly weapon
inflicting bodily injury while assisting a prisoner to escape or attempt to
escape.
For you to find the defendant guilty of this offense, the State must
prove five things beyond a reasonable doubt:
First, that (name prisoner) 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. In the custody of a local confinement facility.2 (Name
detention facility) is a local confinement facility.]
Second, that while in such custody (name prisoner) [escaped]
[attempted to escape.]
Third, that the defendant assisted (name prisoner) in the
perpetration of the [escape] [attempted escape].
Fourth, that in assisting (name prisoner) to [escape] [attempt to
escape] the defendant assaulted the victim by intentionally3 (describe
assault), thereby inflicting bodily injury.
And Fifth, that the defendant used a deadly weapon. A deadly
weapon is a weapon which is likely to cause death or serious bodily
injury.
[(Name weapon) is a deadly weapon.] [In determining whether
(name weapon) is a deadly weapon, you should consider the nature of
(name weapon), the manner in which it was used, and the size and
strength of the defendant as compared to the victim.]4]
If you find from the evidence beyond a reasonable doubt, that on or
about the alleged date, the prisoner was in the custody of [the division of
Prisons] [a local confinement facility] and that (name prisoner) [escaped]
[attempted to escape], and that while assisting (name prisoner) in
[escaping] [attempting to escape] the defendant assaulted the victim
with a deadly weapon, thereby inflicting bodily injury, 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.5
History
N.C.P.I.—Crim. 280.41 (December 2001). N.C. Gen. Stat. § 14-258.2(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
d2d8cd767b276bb4f2859ee5e606d67991ccc692a89909029b35b884867f8367
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