N.C.P.I.—Crim. 226.20B

NOTE WELL: Use this instruction for offenses

occurring on or after December 1, 2002. For offenses

occurring before that date, use N.C.P.I.--Crim. 226.20.

The defendant has been charged with incest with a person

[thirteen] [fourteen] [fifteen] years of age.

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

State must prove five things beyond a reasonable doubt:

First, that the defendant had vaginal intercourse with

another person. Vaginal intercourse is penetration, however

slight, of the female sex organ by the male sex organ.

Second, that the person with whom the defendant had vaginal

intercourse was the defendant’s [child] [stepchild] [legally

adopted child] [grandchild] [parent] [grandparent] [[brother]

[sister] of the [half] [whole] blood] [uncle] [aunt] [nephew]

[niece].

Third, that the defendant knew the person was (state

relationship).

Fourth, that at the time of the act, the victim was

[thirteen] [fourteen] [fifteen] years old.

N.C.P.I.--Crim. 226.20B

Page 2--Final Page

INCEST WITH A PERSON [THIRTEEN] [FOURTEEN] [FIFTEEN] YEARS OF

AGE. FELONY. G.S. 14-178. (Continued.)

And Fifth, that at the time of the act, the defendant was

[at least six]1 [more than 4 but less than six]2 years older than

the victim.3

If you find from the evidence beyond a reasonable doubt

that on or about the alleged date the defendant had vaginal

intercourse with a person who was the defendant’s [child]

[stepchild] [legally adopted child] [grandchild] [parent]

[grandparent] [[brother] [sister] of the [half] [whole] blood]

[uncle] [aunt] [nephew] [niece], that the defendant knew the

person was (state relationship), and that at the time of the

acts alleged the victim was [thirteen] [fourteen] [fifteen]

years old and that the defendant was [at least six] [more than 4

but less than six] years older than the victim, then 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.