N.C.P.I.—Crim. 210.86

NOTE WELL: Each violation of this section constitutes a separate

offense and shall not merge with any other 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 human trafficking of a minor

involving sexual 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 [willfully] [in reckless disregard of the

consequences of the action] held a minor, a person less than 18 years of

age1 in sexual servitude.

And Second, in doing so, the defendant intentionally, by [coercion]

[deceit], [subjected] [maintained] [patronized] [solicited] [obtained] that

person [for the purpose(s) of any sexual activity2 for which anything of value

is directly or indirectly [given by] [promised to] (or) [received by] any person]

[for the purpose(s) of any sexual activity that is performed or provided].

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.3 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

human trafficking of a minor involving sexual servitude if:

First, the defendant was a victim of [human trafficking]4 [involuntary

servitude]5 (or) [sexual servitude]6 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 [willfully] [in reckless disregard of the

consequences of the action] held a minor, and that in so doing, the defendant

intentionally, by [coercion] [deceit], [subjected] [maintained] [patronized]

[solicited] [obtained] the minor [for the purpose(s) of any sexual activity for

which anything of value is directly or indirectly [given by] [promised to] (or)

[received by] any person] [for the purpose(s) of any sexual activity that is

performed or provided], (and that the defendant was not a victim [coerced]

[deceived] into committing the offense of human trafficking of a minor

involving sexual 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.