N.C.P.I.—Crim. 226.81

NOTE WELL: When a person is convicted under 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 knowingly disseminating a

photographic image 2 obtained by secretly peeping.

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

prove three things beyond a reasonable doubt:

First, that the defendant knowingly disseminated or allowed to be

disseminated a photographic image.

Second, that the defendant knew or should have known the

photographic image was obtained by [secretly peeping into a room 3]

[secretly creating a photographic image of another person underneath or

through the clothing being worn by that person] [secretly using or installing

in a room a device that can be used to create a photographic image]. [The

term secretly peeping into a room means peeping into a room occupied by

another person who has a legitimate expectation of privacy at that time.]

[Secretly creating a photographic image of another person underneath or

through the clothing being worn by that person is the secret use of a device

to create a photographic image of another person underneath or through the

clothing being worn by that person without that person's consent and for the

purpose of viewing the body of, or the undergarments worn by, that

person.] [Secretly using or installing in a room a device that can be used to

create a photographic image is secretly or surreptitiously installing in a room

any such device with the intent to capture the image of another person

without that person's consent and acting for the purpose of arousing or

gratifying the sexual desire of any person.]

And Third, that the defendant disseminated the photo­ graphic image

without the consent of the person in the photographic image.

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

about the alleged date the defendant knowingly disseminated or allowed to

be disseminated a photographic image without the co sent of the person in

the photographic image, and that the defendant knew or should have known

that the photographic image was obtained by [secretly peeping into a room]

[secretly creating a photographic image of another person underneath or

through the clothing being worn by that other person] [secretly installing or

using a device that can be used to create a photographic image in a 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.