N.C.P.I.—Crim. 207.15.2

NOTE WELL: This instruction is valid for offenses

committed before December 1, 2015. For offenses

committed on or after December 1, 2015, use N.C.P.I.

—Crim. 207.15.2A.

The defendant has been charged with statutory rape of

an alleged victim who was [thirteen] [fourteen]

[fifteen] years old at the time of the offense.

For you to find the defendant guilty of statutory rape of an alleged

victim who was [thirteen] [fourteen] [fifteen] years old, the State must

prove four 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 act, the alleged victim was

[thirteen] [fourteen] [fifteen] years old.

Third, that at the time of the act, the defendant was [at least six]

[more than 4 but less than six] years older than the alleged victim.

And Fourth, that at the time of the act, the defendant was not

lawfully married to 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 when the alleged victim was [thirteen] [fourteen]

[fifteen] years old, and that the defendant was [at least six] [more than

four but less than six] years older than the alleged victim and was not

lawfully married to the alleged 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.