N.C.P.I.—Crim. 226.76

226.78 SECRETLY PEEPING INTO ROOM WHILE IN POSSESSION OF A

DEVICE USED TO CREATE A PHOTOGRAPHIC IMAGE. MISDEMEANOR.

NOTE WELL: When a person is convicted of a second or

subsequent violation of this statute the sentencing court shall

consider whether the person is a danger to the community and

whether requiring the person to register as a sex offender

pursuant to Article 27A of Chapter 14 would further the purposes

of that Article as stated in G.S. 14-208.5. If the sentencing court

rules that the person is a danger to the community and that the

person shall register, then an order shall be entered requiring

the person to register.

The defendant has been charged with secretly peeping into a room

while in possession of a device used to create a photographic image.

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

prove four things beyond a reasonable doubt:

First, that the defendant intentionally peeped 1 into a room. 2

Second, that the peeping was done secretly.

Third, that while secretly peeping into the room the defendant

possessed a device that could be used to create a photographic image. 3

And Fourth, that the victim had a legitimate expectation of privacy in

the room. 4

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

about the alleged date, the defendant intentionally and secretly peeped into

a room, that while doing so possessed a device that could be used to create

a photographic image, and that the victim had a legitimate expectation of

privacy in the room, 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.

NOTE WELL: This statute shall not apply to law enforcement

officers while discharging or attempting to discharge their

official duties, or personnel of the Department of Correction or of

a local confinement facility for security purposes or during an

investigation of alleged misconduct by a person in the custody of

the Department or the local confinement facility. Furthermore,

this section does not affect the legal activities of those who are

licensed pursuant to G.S. Chapter 74C, Private Protective

Services, or G.S. Chapter 74D, Alarm Services, who are legally

engaged in the discharge of their official duties within their

respective professions, and who are not engaging in activities for

an improper purpose as described in this section.