N.C.P.I.—Crim. 207.15.1

NOTE WELL: Use the following instruction when the

alleged crime was committed between April 18, 1983

and July 10, 1983, or on or after October 1, 1983 and

before December 1, 2015. For offenses committed on

or after December 1, 2015, use N.C.P.I.-Crim.

207.15.1A.

The defendant has been charged with first degree rape.

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

prove three things beyond a reasonable doubt:

First, that the defendant engaged in vaginal intercourse with the

victim. Vaginal intercourse is penetration, however slight, of the female

sex organ by the male sex organ. (The actual emission of semen is not

necessary.)

Second, that at the time of the acts alleged, the alleged victim

was a child under the age of thirteen years.1

And Third, that at the time of the acts alleged, the defendant was

at least twelve years old and was at least four years older than the

alleged victim.

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

about the alleged date, the defendant engaged in vaginal intercourse

with the alleged victim and that at that time the alleged victim was a

child under the age of thirteen years and that the defendant was at

least twelve years old and was at least four years older than the victim,

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.2

NOTE WELL: If the indictment alleges both forcible

and statutory rape, and if there is any question as to

the age of the victim, and if there is evidence of a

forcible rape, give either N.C.P.I.-Crim. 207.10 or

207.20 as an alternative instruction.

In an appropriate case the judge should use N.C.P.I.-

Crim. 207.15A.1 to charge on attempted first degree

(statutory) rape as a lesser included offense.

Taking Indecent Liberties with a Child, N.C. Gen. Stat.

§ 14-202.1, Assault on a Female, N.C. Gen. Stat. § 14-

33(c)(2), and Assault on a Child Under Twelve, N.C.

Gen. Stat. § 14-33(c)(3), are still crimes. However, in

State v. Weaver, 306 N.C. 629 (1983), the North

Carolina Supreme Court held that none of those crimes

is a lesser included offense of N.C. Gen. Stat. § 14-

27.2(a)(1).