N.C.P.I.—Crim. 226.66

The defendant has been charged with cyber-bullying with intent to

[intimidate] [torment] [a minor1] [a minor’s parent or guardian].

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

prove [three] [four] things beyond a reasonable doubt:

First, that the defendant used a [computer] [computer network].

Second, that while using the [computer] [computer network], the

defendant:

[posted a real or doctored image of the minor on the internet]

[[accessed] [altered] [erased] any computer [network] [data]

[program] [software]]

[[broke into] [accessed] a password protected account]

[stole a password]

[used the computer for [repeated] [continuing] [sustained]

electronic mail or other communications2 to the minor].

(And) Third, that the defendant acted with the intent3 to

[intimidate] [torment] [the minor] [the minor’s [parent] [guardian]].

NOTE WELL: If defendant is 18 years of age or older at

the time the alleged offense was committed, use the

following:

((And) Fourth, that the defendant was 18 years of age or older at

the time the alleged offense was committed.4)

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

about the alleged date, the defendant used a [computer] [computer

network] to [post a real or doctored image of the minor on the internet]

[[accessed] [altered] [erased] any computer [network] [data] [program]

[software]] [[broke into] [accessed] a password protected account] [stole

a password] [used the computer for [repeated] [continuing] [sustained]

electronic mail or other communications with the intent to [intimidate]

[torment] [the minor] [the minor’s [parent] [guardian]], (and the

defendant was 18 years of age or older), 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.