N.C.P.I.—Crim. 226.86A

NOTE WELL: School safety officers were added to the statute

effective December 1, 2003, and applies to offenses committed

on or after that date.

The defendant has been charged with taking indecent liberties with a

student.

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

prove four things beyond a reasonable doubt:

First, that the victim was a student.1

Second, that the defendant was a [teacher] [school administrator]

[student teacher] [school safety officer]2 [coach] at the same school.3

Third, that the defendant willfully:

a) [took] [attempted to take]4 any immoral, improper, or indecent

liberties with the victim for the purpose of arousing or gratifying

sexual desire.5

b) [committed] [attempted to commit] a lewd or lascivious act

upon or with the body or any part or member of the body of the

victim.

And Fourth, that this act occurred [during] [after] the time the

defendant and the victim were present together in the same school.

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

about the alleged date the victim was a student, that the defendant was a

[teacher] [school administrator] [student teacher] [school safety officer]

[coach] at the same school, that the defendant willfully [took] [attempted to

take] indecent liberties with a student, [during] [after] the time the

defendant and the victim were present together in the same school, 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.