N.C.P.I.—Crim. 305.10

You may find there is evidence which tends to show that the

defendant was [intoxicated] [drugged] at the time of the acts alleged in

this case. Generally, [voluntary intoxication] [a voluntary drugged

condition] is not a legal excuse for crime.

However, if you find that the defendant was [intoxicated]

[drugged], you should consider whether this condition affected the

defendant’s ability to formulate the specific intent which is required for

conviction of (name crime). In order for you to find the defendant guilty

of (name crime), you must find beyond a reasonable doubt that the

defendant had the specific intent required to commit this crime.1 If, as a

result of [intoxication] [a drugged condition], the defendant did not have

the required specific intent, you must find the defendant not guilty of

(name crime).

(The law does not require any specific intent for the defendant to

be guilty of the crime(s) of (name lesser included offense(s) not requiring

specific intent). Thus, the defendant's [intoxication] [drugged condition]

can have no bearing upon your determination of the defendant’s guilt or

innocence of [this] [these] crime(s).)2 3

Therefore, upon considering the evidence with respect to the

defendant's [intoxication] [drugged condition], you have a reasonable

doubt as to whether the defendant formulated the specific intent required

for conviction of (name crime), you will not return a verdict of guilty of

(name crime).