N.C.P.I.—Crim. 207.15.2A

NOTE WELL: This instruction is valid for offenses

committed on or after December 1, 2015. For offenses

committed before December 1, 2015, use N.C.P.I.-

Crim. 207.15.2.

The defendant has been charged with statutory rape of an alleged

victim who was fifteen years of age or younger at the time of the

offense.

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

victim who was fifteen years of age or younger, 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 fifteen

years of age or younger.

Third, that at the time of the act, the defendant was at least

twelve years old and [at least six] [more than four 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 fifteen years of age

or younger, and that the defendant was at least twelve years old and [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.