N.C.P.I.—Crim. 207.70A

NOTE WELL: N.C. Gen. Stat. § 14-27.31 involves an

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 on or

after December 1, 2015. For offenses committed

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

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

1) [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

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

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

3) [analingus, which is any contact between the tongue or

lips of one person and the anus of another.]

4) [anal intercourse, which is any penetration, however

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

of another.]

5) [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 alleged 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.