N.C.P.I.—Crim. 226.10A

NOTE WELL: The U.S. Supreme Court's ruling

in Lawrence v. Texas, 539 U.S. 558, 123 S. Ct. 2472,

156 L.Ed.2d 508, 73 Crim. L.Rep. 396 (2003) bars the

state from prosecuting crime against nature when

adults of the same or opposite sex consensually

commit one of the sex acts covered in N.C. Gen. Stat.

§ 14-177 in private.

However, based on statements in the Court's opinion,

the ruling does not bar the prosecution of crime against

nature when (1) one of the parties is a minor; (2) one

of the parties is an adult who had a mental disability or

was incapacitated or physically helpless so as to be

incapable of properly consenting; (3) one of the parties

offers to commit or commits the sex act for money or

other valuable consideration; (4) the sex act is not

committed in a private residence or other private place;

or (5) one of the parties to the sex act is coerced into

committing the act. See Farb, 2002-2003 Supreme

Court Term: Cases Affecting Criminal Law &

Procedure, Institute of Government. See also State v.

Whiteley, 172 N.C. App. 772, 616 S.E.2d 576 (2005).

The defendant has been charged with crime against nature, which is

an unnatural sex act.

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

prove two things beyond a reasonable doubt:

First, that the defendant committed an unnatural sex act with a

person. An unnatural sex act is (describe act).1

And Second, that

a. [one of the parties engaged in the sex act was a minor, that is

under 18 years of age]

b. [one of the parties engaged in the sex act was an adult who had

a mental disability or was incapacitated or physically helpless so as

to be incapable of properly consenting]

c. [one of the parties engaged in the sex act offered to commit or

committed the sex act for money or other valuable consideration]

d. [the sex act was committed in a public place, or in other words,

was not committed in a private residence or other private place]

e. [one of the parties engaged in the sex act was coerced into

committing the act].

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

about the alleged date, the defendant committed an unnatural sex act, 2

and

a. [one of the parties engaged in the sex act was a minor, that is

under 18 years of age]

b. [one of the parties engaged in the sex act was an adult who had

a mental disability or was incapacitated or physically helpless so as

to be incapable of properly consenting]

c. [one of the parties engaged in the sex act offered to commit or

committed the sex act for money or other valuable consideration]

d. [the sex act was committed in a public place, or in other words,

was not committed in a private residence or other private place]

e. [one of the parties engaged in the sex act was coerced into

committing the act],

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.