N.C.P.I.—Crim. 210.90

Note Well: This instruction is effective for offenses

committed on or after December 1, 2016.

The defendant has been charged with the unlawful transfer of

custody of a minor by a parent.

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

prove two things beyond a reasonable doubt:

First, that defendant [effected] [attempted to effect] the unlawful

transfer of custody1 of defendant’s minor child by (describe conduct)2.

The unlawful transfer of custody means the transfer of physical custody

of a minor child, in willful violation of applicable adoption law or by

grossly negligent omission in the care of the child, by the child’s parent,

without a court order or other authorization under law to a person other

than a relative3 or another individual having a substantial relationship

with the child.

And Second, that defendant did so knowingly.

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

about the alleged date, the defendant knowingly [effected] [attempted

to effect] the unlawful transfer of custody of defendant’s minor child, it

would be your duty to return a verdict of guilty. 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.