NC · jury_instructions

N.C.P.I.—Crim. 207.15A.1A

ATTEMPTED FIRST DEGREE STATUTORY RAPE-ALLEGED VICTIM UNDER THE AGE OF THIRTEEN YEARS. (OFFENSES ON OR AFTER DEC 1, 2015) FELONY.

activein force · 2016-06-01 – presentas-observed

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. 207.15A.1.

The defendant has been charged with attempted first degree

statutory 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.1A (June 2016). N.C. Gen. Stat. §§ 14-27.24(a)(1), 14-27.34. 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: 128d81a076d728bf32b33bfb795701c81f3b84af71b2c5c9489b9b195449df48

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