N.C.P.I.—Crim. 207.45A

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. 207-45.

The defendant has been charged with statutory sexual offense

with a child by an adult.

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 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.]

Second, that at the time of the act[s], the alleged victim was a

child under the age of thirteen years.

And Third, that at the time of the act[s], the defendant was at

least eighteen years of age.

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 who was a child under the age of thirteen years, and that

the defendant was at least eighteen years of age, 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.3