N.C.P.I.—Crim. 210.88

The defendant has been charged with the [sale] [surrender]

[purchase] of a minor.

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

prove two things beyond a reasonable doubt:

First, that the defendant participated in the [acceptance]

[solicitation] [offer] [payment] [transfer] of any compensation in [money]

[property] [other thing of value] by any person in connection with the

unlawful1 [acquisition] [transfer] of the physical custody of a minor. A

minor is someone who has not attained the age of eighteen years (or

who has not otherwise been emancipated2).

And Second, that the defendant acted with [willful] [reckless]

disregard for the [life] [safety] of a minor.3

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.4 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 the unlawful [sale] [surrender] [purchase] of a

minor if:

First, the defendant was a victim of [human trafficking]5

[involuntary servitude]6 (or) [sexual servitude]7 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 participated in the [acceptance]

[solicitation] [offer] [payment] [transfer] of any compensation in [money]

[property] [other thing of value] by any person in connection with the

unlawful [acquisition] [transfer] of the physical custody of a minor, and

that the defendant acted with [willful] [reckless] disregard for the [life]

[safety] of a minor, and that the defendant was not a victim [coerced]

[deceived] into committing the offense of the unlawful [sale] [surrender]

[purchase] of a minor), 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, then it would be your duty to return a verdict of not guilty.8