N.C.P.I.—Crim. 207.80B

NOTE WELL: School safety officers were added to the statute

effective December 1, 2003, and applies to 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. 207.80B.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 five things beyond a reasonable doubt.

First, that the alleged victim was a student.3

Second, that the defendant was a member of the school personnel4 at

the same school5 as the alleged victim. [(Name position) is a member of the

school personnel.]

Third, that the defendant was at least four years older than the alleged

victim.

Fourth, 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.]6

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

one person and the male sex organ of another.]7

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.]8

And Fifth, that this act occurred at some time [during] [after] the time

the defendant and the alleged victim were present together in the same

school.9

(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 member of the school personnel at the same school as the alleged

victim, that the defendant was at least four years older than the alleged

victim, that the defendant engaged in [vaginal intercourse] [a sexual act]

with the alleged victim, and that this act occurred at some time [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 of

felonious sexual activity with a student. If you do not so find or have a

reasonable doubt as to one or more of these things, you would not return a

verdict of guilty of felonious sexual activity with a student,10 but will consider

whether the defendant is guilty of misdemeanor sexual activity with a

student. The misdemeanor differs from the felony in that the State need not

prove that the defendant was at least four years older than the alleged

victim.

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 member of the school personnel 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 at some time [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 of

misdemeanor sexual activity with a student. If you do not so find or if you

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

duty to return a verdict of not guilty.