N.C.P.I.—Crim. 207.45.1

NOTE WELL: N.C. Gen. Stat. § 14.27.4 covers sexual

acts other than vaginal intercourse and applies

regardless of the gender of the defendant or the

alleged victim. Use this instruction only for crimes

committed between April 18, 1983 and July 10, 1983

or on or after October 1, 1983 but before December 1,

2015. For offenses committed on or after December 1,

2015, use N.C.P.I.-Crim. 207.45.1A.

The defendant has been charged with first degree sexual offense.

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 a sexual act with the alleged

victim. A sexual act means

(A) [cunnilingus, which is any touching, however slight, by the

lips or the tongue of one person to any part of the female

sex organ of another.]1

(B) [fellatio, which is any touching by the lips or tongue of one

person and the male sex organ of another.]2

(C) [analingus, which is any touching by the lips or tongue of

one person and the anus of another.]

(D) [anal intercourse, which is any penetration, however slight,

of the anus of any person by the male sexual organ of

another.]

(E) [any penetration, however slight, by an object into the

[genital] [anal] opening of a person's body.]3

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

was a child under the age of thirteen.

And Third, that, at the time of the alleged offense 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 a sexual act 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, it

would be your duty to return a verdict of guilty. If you do not so find or

if you have a reasonable doubt as to one or more of these things, it

would be your duty to return a verdict of not guilty.4

NOTE WELL: In an appropriate case the judge should

use N.C.P.I.-Crim. 207.45A.1 to charge on attempted

first degree sexual offense against a child.