N.C.P.I.—Civil 800.25

The (state number) issue reads:

“Did the defendant commit criminal conversation with the plaintiff’s

spouse?”

Criminal conversation is sexual intercourse with the spouse of another

person during the marriage. 1

On this issue the burden of proof is on the plaintiff. This means that the

plaintiff must prove, by the greater weight of the evidence, the following two

things:

First, that during the marriage of the plaintiff and the plaintiff’s spouse,

the defendant had sexual intercourse with the spouse of the plaintiff 2 [in the

State of North Carolina. 3]

And second, that the sexual intercourse between the defendant and the

spouse of the plaintiff occurred

[during the marriage 4]

[prior to the physical separation of the plaintiff and the plaintiff’s spouse

with the intent on the part of either the plaintiff or the plaintiff’s spouse that

the physical separation remain permanent. 5

Evidence of conduct of the defendant occurring after the plaintiff and

the plaintiff’s spouse physically separated with the intent on the part of either

the plaintiff or the plaintiff’s spouse that the physical separation remain

permanent may only be considered for the purpose of corroborating or

supporting any evidence of malicious and wrongful conduct on the part of the

defendant occurring before the plaintiff and the plaintiff’s spouse physically

separated.] 6

[It is not required that the defendant be aware of the marriage between

the plaintiff and the plaintiff’s spouse. 7]

[A single act of sexual intercourse between the defendant and the

plaintiff’s spouse will entitle the plaintiff to recover. 8]

[You must not consider whether the plaintiff’s spouse consented to or

enticed the sexual intercourse. 9]

[You must not consider whether the marital relationship between the

plaintiff and the plaintiff’s spouse was accompanied by love and affection. 10]

[You must not consider whether the plaintiff was ever unfaithful to the

plaintiff’s spouse. 11]

Finally, as to this issue on which the plaintiff has the burden of proof, if

you find by the greater weight of the evidence that the defendant had sexual

intercourse [in the State of North Carolina] with the spouse of the plaintiff

while the plaintiff and the plaintiff’s spouse were married, [and that the sexual

intercourse between the defendant and the spouse of the plaintiff occurred

prior to the physical separation of the plaintiff and the plaintiff’s spouse with

the intent on the part of either the plaintiff or the plaintiff’s spouse that the

physical separation remain permanent,] then it would be your duty to answer

this issue “Yes” in favor of the plaintiff.

If, on the other hand, you fail to so find, then it would be your duty to

answer this issue “No” in favor of the defendant.