NC · jury_instructions
N.C.P.I.—Crim. 207.15A.1
ATTEMPTED FIRST DEGREE RAPE—ALLEGED VICTIM UNDER THE AGE OF THIRTEEN YEARS. (OFFENSES PRIOR TO DEC 1, 2015) FELONY.
The defendant has been charged with attempted first degree rape.
For you to find the defendant guilty of this offense, the State must
prove four things beyond a reasonable doubt:
First, that the defendant intended to engage in vaginal intercourse
with the alleged 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
Third, that at the time of the acts, the defendant was at least twelve
years old and was at least four years older than the alleged victim.
And Fourth, that the defendant performed an act that was calculated
and designed to accomplish vaginal intercourse with the alleged victim and
such conduct came so close to bringing about the vaginal intercourse that in
the ordinary course of events the defendant would have completed the act
with the alleged victim had the defendant not been stopped or prevented.
(Mere preparation or planning is not enough to constitute such an act.
But the act need not necessarily be the last act required to complete the
offense.)
If you find from the evidence beyond a reasonable doubt that on or
about the alleged date, the defendant intended to engage 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 alleged
victim, and that the defendant performed [an act] [acts] which in the
ordinary course of events would have resulted in vaginal intercourse by
defendant with the alleged victim had not the defendant been stopped or
prevented from completing his apparent course of action, 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.
History
N.C.P.I.—Crim. 207.15A.1 (Replacement June 2016). N.C. Gen. Stat. §§ 14-27.2(a)(1), 14-27.8. Prepared by the North Carolina Conference of Superior Court Judges' Committee on Pattern Jury Instructions, assisted by the UNC School of Government; published by the School of Government.
Provenance
- Source
- sog.unc.edu
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
ca34fb9ef8b65f858e79878242ac064963ef46c6764b462ee718ea56b7db1e50
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