N.C.P.I.—Crim. 207.80A

NOTE WELL: School safety officers were added to the statute

effective December 1, 2003, and are covered by the statute for

offenses committed on or after that date.

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. 207.80A.1.

The defendant has been charged with felonious sexual activity with a

student.

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

prove four things beyond a reasonable doubt:

First, that the alleged victim was a student.1

Second, that the defendant was a [teacher] [school administrator]

[student teacher] [school safety officer]2 [coach] at the same school3 as the

alleged victim.

Third, 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.]4

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

one person and the male sex organ of another.]5

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.]6

And Fourth, that this act occurred [during] [after] the time the

defendant and the alleged victim were present together in the same school.7

(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 alleged victim was a student, that the defendant

was a [teacher] [school administrator] [student teacher] [school safety

officer] [coach] at the same school as the alleged victim, that the defendant

engaged in [vaginal intercourse] [a sexual act] with the alleged victim, and

that this act occurred [during] [after] the time the defendant and the alleged

victim were present together in the same school, 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.