N.C.P.I.—Crim. 210.93

Note Well: This instruction is effective for offenses

committed on or after December 1, 2016.

The defendant has been charged with the unlawful acceptance of

custody of a minor child pursuant to an unlawful transfer of custody of a

minor child by a parent.

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

prove three things beyond a reasonable doubt:

First, that defendant [accepted] [attempted to accept] the

unlawful transfer of custody1 of a minor child from a parent 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.

Second, that the unlawful acceptance of custody of the minor child

resulted in serious physical injury4 (describe injury, e.g., the unlawful

acceptance of custody of the minor child results in molestation) to the

minor child.5

And Third, that defendant did so knowingly.

Note Well: It shall not be unlawful for a person to

receive custody of a child from a parent who intends

to effect an unlawful transfer of custody of that

parent’s minor child if the person promptly notifies law

enforcement or child protective services in the county

where the child resides or is found and promptly

makes the child available to law enforcement or child

protective services.

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

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

to accept] custody pursuant to an unlawful transfer of a minor child by a

parent, and resulted in serious physical injury to the 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 both of these things, it

would be your duty to return a verdict of not guilty.