N.C.P.I.—Crim. 207.72

NOTE WELL: N.C. Gen. Stat. § 14-208.18(b),(d),(e),

(f),(g) provide for allowed circumstances when sex

offenders may be on the premises.

NOTE WELL: N.C. Gen. Stat. § 14-208.18(a) was

revised, effective July 21, 2016. This instruction

applies to registered sex offenders who committed

certain offenses when the victim was under 18 years

old.

The defendant has been charged with being a sex offender

unlawfully on certain premises.

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

prove two things beyond a reasonable doubt.

First, that the defendant was required to register as a sex

offender.

And Second, that the defendant was knowingly1:

a. [on the premises of a(n) [school] [children’s museum] [child

care center] [nursery] [playground] [name other premises

intended primarily for the [use] [care] [supervision] of

minors]

b. [within 300 feet of a(n) [school] [children’s museum] [child

care center] [nursery] [playground located in a(n) [mall]

[shopping center] [other property] open to the general

public] [name other location intended primarily for the [use]

[care] [supervision] of minors when the place is located on

premises that are not intended primarily for the [use] [care]

[supervision] of minors]

c. [on the premises of [a(n) [library] [arcade] [amusement

park] [recreation park] [swimming pool] [(name place) where

minors frequently congregate (describe place)], and when

minors are present.]2

d. [on the premises of the [North Carolina State Fairgrounds

during the time each year when the North Carolina State Fair

is conducted] [Western North Carolina Agricultural Center

grounds during the time each year when the North Carolina

Mountain State Fair is conducted] [(name fairgrounds) during

the time that an agricultural fair is being conducted] (name

fair)].

If you find from the evidence beyond a reasonable doubt

that on or about the alleged date, the defendant was required to

register as a sex offender and was knowingly

a. [on the premises of a(n) [school] [children’s museum] [child

care center] [nursery] [playground] [name other premises

intended primarily for the [use] [care] [supervision] of

minors]

b. [within 300 feet of a(n) [school] [children’s museum] [child

care center] [nursery] [playground located in a(n) [mall]

[shopping center] [other property] open to the general

public] [name any location intended primarily for the [use]

[care] [supervision] of minors when the place is located on

premises that are not intended primarily for the [use] [care]

[supervision] of minors]

c. [on the premises of a(n) [library] [arcade] [amusement park]

[recreation park] [swimming pool] [(name place) where

minors frequently congregate (describe place)], and when

minors are present]

d. [on the premises of the [North Carolina State Fairgrounds

during the time each year when the North Carolina State Fair

is conducted] [Western North Carolina Agricultural Center

grounds during the time each year when the North Carolina

Mountain State Fair is conducted] [(name fairgrounds) during

the time that an agricultural fair is being conducted] (name

fair)].

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.