N.C.P.I.—Crim. 207.70

NOTE WELL: N.C. Gen. Stat. § 14-27.7 involves a alleged victim

who was in the defendant's custody. Consent is no defense to a

charge under this section.

This instruction is valid for offenses committed before

December 1, 2015. For offenses committed on or after

December 1, 2015, use N.C.P.I.-Crim. 207.70A.

The defendant has been charged with feloniously engaging in [vaginal

intercourse] [a sexual act] with a [person over whom [the defendant] [the

defendant’s employer] had assumed custody] [minor over whom the

defendant had assumed the position of a parent residing in the home].

For you to find the defendant guilty of this offense, the State must

prove [two] [three] things beyond a reasonable doubt.

First, that the defendant

a) [engaged 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.)]

b) [engaged in a sexual act with the alleged victim. A sexual act

means [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

• [fellatio, which is any touching, by the lips or tongue of

one person and the male sex organ of another.]2

• [analingus, which is any contact between the tongue or

lips of one person and the anus of another.]

• [anal intercourse, which is any penetration, however slight,

of the anus of one person by the male sex organ of

another.]

• [any penetration, however slight, by an object into the

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

NOTE WELL: The remaining elements of this crime are set forth

in this instruction in three separate options, each containing a

different number of elements. Use Option A when the alleged

victim was in the defendant's personal custody. Use Option B

when the alleged victim was in the custody of the defendant's

employer. Use Option C when the alleged victim was a minor

and the defendant had assumed the position of parent in the

alleged victim's home.

[OPTION A:

And Second, the defendant had custody4 of the alleged victim.

Custody is the care, keeping or control of one person by

another.]

[OPTION B:

And Second, that the defendant's employer had custody of the

alleged victim. Custody is the care, keeping or control of one

person by another.]

[OPTION C:

Second, that the alleged victim was a minor. A minor is someone

who has not attained the age of eighteen years (or who has not

otherwise been emancipated).

And Third, that the defendant had assumed the position of a parent in

the home where the alleged victim resided.]

NOTE WELL: Options end; continue here in all cases.

(Consent is no defense to this charge.)

If you find from the evidence beyond a reasonable doubt that on or

about the alleged date, the defendant engaged in [vaginal intercourse] [a

sexual act] with the alleged victim and that at that time

a) [the defendant had custody of the victim.]

b) [the defendant's employer had custody of the alleged victim.]

c) [the alleged victim was less than eighteen years of age and had

not been emancipated and was thereby a minor, and that the

defendant had assumed the position of a parent in the home

where the alleged victim resided.]

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

have a reasonable doubt about one or more of these things, it would be your

duty to return a verdict of not guilty.