N.C.P.I.—Crim. 204A.20

NOTE WELL: Use this instruction for offenses occurring

before December 1, 2017. For offenses occurring on or

after December 1, 2017, use N.C.P.I.-Crim 204A.20A.

The defendant has been charged with [causing] [encouraging]

[soliciting] [coercing] a person 16 years of age (or older) to participate

in criminal street gang activity.

For you to find the defendant guilty of this offense, the State must

prove three things beyond a reasonable doubt:

First, that the defendant [caused] [encouraged] [solicited]

[coerced] (name individual) to participate in criminal street gang activity

by committing the offense of (name crime). (Define crime.)1

Second, that the defendant had the specific intent that the (name

crime) was committed in furtherance of the defendant’s involvement in a

criminal street gang.

A criminal street gang is defined as any ongoing organization,

association, or group of three or more persons, whether formal or

informal that has as one of its primary activities the commission of one

or more felony offenses, or delinquent acts that would be felonies if

committed by an adult; (and) has three or more members individually or

collectively engaged in, or who have engaged in, criminal street gang

activity; (and may have a common name, common identifying sign or

symbol).

And Third, that (name individual) who was [caused] [encouraged]

[solicited] [coerced] was 16 years of age (or older) when the defendant

[caused] [encouraged] [solicited] [coerced] (name individual) to

participate in criminal street gang activity.

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

about the alleged date, the defendant [caused] [encouraged] [solicited]

[coerced] (name individual), who was 16 years of age (or older) at the

time, to participate in criminal street gang activity by committing (name

crime), and that the defendant had the specific intent that (name crime)

was committed in furtherance of the defendant’s involvement in a

criminal street gang, 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.