N.C.P.I.—Crim. 308.90

NOTE WELL: Instructing the jury on the following

causal nexus requirement should only be used if there

is some evidence presented that the defendant acted

in self-defense while attempting to commit,

committing, or escaping after the commission of a

felony. See N.C.G.S. § 14-51.4(1). See also State v.

McLymore, 2022-NCSC-12. If no such evidence is

presented, this instruction would not be given. In

addition, the remainder of the substantive instruction,

including the mandate, would need to be edited

accordingly.

The defendant would not be justified, and is therefore not entitled

to the benefit of using defensive force, if [he] [she] was [attempting to

commit] [committing] [escaping after the commission of] the felony of

(name felony offense alleged), and that felony offense was immediately

causally connected to the circumstances giving rise to the defensive force

used.1 As such, for the defendant to be disqualified from the benefit of

using defensive force, the State must prove beyond a reasonable doubt,

among other things, that the defendant, while acting in self-defense, was

[attempting to commit] [committing] [escaping after the commission of]

the felony of (name felony offense alleged), and there was an immediate

causal connection between the defendant’s use of such defensive force

and [his] [her] felonious conduct. In other words, the State must prove

that but for the defendant [attempting to commit] [committing] [escaping

after the commission of] the felony of (name felony offense alleged),2 the

confrontation resulting in [injury to] [the death of] the victim would not

have occurred.3