N.C.P.I.—Crim. 210.50A

NOTE WELL: For involuntary servitude of a minor use

N.C.P.I.—Crim. 210.52.

NOTE WELL: This instruction applies to offenses

occurring on or after December 1, 2006, the effective

date of N.C. Gen. Stat. § 14-43.12. Each violation of

this section constitutes a separate offense. Evidence

of failure to deliver benefits or perform services

standing alone shall not be sufficient to support a

conviction under this section.

The defendant has been charged with involuntary servitude.

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

prove two things beyond a reasonable doubt:

First, that the defendant used violence or the threat of violence to

[deceive] [coerce] [intimidate] another person to perform labor, whether

or not for compensation, and whether or not for satisfaction of a debt.1

And Second, that the defendant did so knowingly and willfully.

NOTE WELL: For offenses occurring on or after

December 1, 2018, if the defendant claims the

defendant was a victim, and there is evidence to

support this affirmative defense, the following

language should be used:

(There is evidence in this case tending to show that the defendant

was [coerced] [deceived] into committing this offense as a direct result of

the defendant’s status as a victim. The burden of proving [coercion]

[deceit] as a defense is upon the defendant. It need not be proved

beyond a reasonable doubt, but only to your satisfaction. The defendant

would not be guilty of involuntary servitude if:

First, the defendant was a victim of [human trafficking]2

[involuntary servitude]3 (or) [sexual servitude]4 at the time of the

offense.

And Second, that the defendant was [coerced] [deceived] into

committing the offense as a direct result of the defendant’s status as a

victim.

The defendant’s assertion of [coercion] [deceit] is a denial that the

defendant has committed any crime. The burden remains on the State to

prove the defendant’s guilt beyond a reasonable doubt.)

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

about the alleged date, the defendant knowingly and willfully used

violence or the threat of violence to [deceive] [coerce] [intimidate]

another person to perform labor, whether or not for compensation, and

whether or not for satisfaction of a debt, (and that the defendant was not

a victim [coerced] [deceived] into committing the offense of involuntary

servitude), 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.