N.C.P.I.—Crim. 207.76

NOTE WELL: This language does not apply to any

registrant who established his or her residence prior to

August 16, 2006.

The defendant has been charged with failing to comply with sex

offender residential restrictions.

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

prove three things beyond a reasonable doubt.

First, that the defendant [was a resident] [had established a

residence] in this State1 by [[purchasing a residence] [entering into a

specifically enforceable2 contract to purchase a residence]] [entering into

a written lease contract for a residence and for as long as the person is

lawfully entitled to remain on the premises]] [residing with the

defendant’s [child] [sibling] [parent] who has [purchased a residence or

entered into a specifically enforceable contract to purchase a residence]

[entered into a written lease contract for a residence and for as long as

the person is lawfully entitled to remain on the premises]].

Second, that on (name date), the defendant in (name court) was

convicted of (name crime), a reportable offense for which the defendant

must register.

And Third, that defendant knew said residency was [at a location

which was within 1,000 feet of any property line of a property on which

any public or nonpublic school3 or child care center4 was located] [within

any structure, any portion of which was within 1,000 feet of any property

line of a property on which any public or nonpublic school or child care

center was located].

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

about the alleged date, the defendant [was a resident] [had established

residency] within the state, that the defendant had previously been

convicted of a reportable offense for which the defendant must register,

and that the defendant knowingly resided [at a location which was

within 1,000 feet of any property line of a property on which any public

or nonpublic school or child care center was located] [within any

structure, any portion of which was within 1,000 feet of any property line

of a property on which any public or nonpublic school or child care center

was located], 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.