N.C.P.I.—Crim. 210.97

NOTE WELL: Pursuant to N.C. Gen. Stat. § 14-28.1(e),

a surgical operation is not a violation of this section if

the operation either: (1) is necessary to the health of

the person on whom it is performed and it is performed

by a person licensed in the State as a medical

practitioner; or (2) is performed on a person in labor

who has just given birth and is performed for medical

purposes connected with that labor or birth by a person

licensed in the state as a medical practitioner or

certified nurse midwife, or a person in training to

become licensed as a medical practitioner or certified

nurse midwife.

NOTE WELL: N.C. Gen. Stat. § 14-28.1(f) provides that

it is not a defense to prosecution under this section

that the person on whom the circumcision, excision, or

infibulation is performed, or any other person, believes

that the circumcision, excision, or infibulation is

required as a matter of custom or ritual, or that the

person on whom the circumcision, excision, or

infibulation is performed consented to the circumcision,

excision, or infibulation.

The defendant has been charged with [consenting to] [permitting]

the mutilation of [the whole] (or) [any part] of the [labia majora] [labia

minora] (or) [clitoris] of a child less than 18 years of age.

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

prove two things beyond a reasonable doubt:

First, that the defendant was a [parent of] [person providing care

to] [person providing supervision to] a child less than 18 years of age;

And Second, that the defendant [consented to] [permitted] the

[circumcision] [excision] [infibulation] of [the whole] (or) [any part of the]

[labia majora] [labia minora] [clitoris] of that child.

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

about the alleged date the defendant was a [parent of] [person providing

care to] [person providing supervision to] a child less than 18 years of

age, and [consented to] [permitted] the [circumcision] [excision]

[infibulation] of the [labia majora] [labia minora] [clitoris] of that child 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.