N.C.P.I.—Crim. 226.92

NOTE WELL: If the defendant admits to the prior

conviction, that element of the offense is established

and no evidence in support thereof may be adduced by

the State. In such a case, a transcript of plea is

required for the admission of this conviction. In this

situation, this instruction would not be used and

instead the jury should be charged on the underlying

misdemeanor using N.C.P.I.-Crim 226.91. If the

defendant denies the prior conviction or remains silent,

the State must prove this prior conviction in the

element of the offense charged before the jury as part

of its case.

The defendant has been charged with patronizing a prostitute.

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

prove three things beyond a reasonable doubt.

First, that the defendant willfully:

(a) [Engaged in [vaginal intercourse] [(describe) sexual act]

[(describe) sexual contact] for the purpose of sexual [arousal]

[gratification] with a prostitute. A prostitute is a person who engages in

the [[performance of] [offer of] [agreement to perform]] [vaginal

intercourse] [a sexual act] [sexual contact] for the purpose of sexual

[arousal] [gratification] for [money] [other consideration]. A sexual act is

cunnilingus, fellatio, analingus, or anal intercourse, but does not include

vaginal intercourse. Sexual act also means the penetration, however

slight, by any object into the genital or anal opening of another person's

body. Sexual contact is (i) touching of the sexual organ, anus, breast,

groin, or buttocks of any person, (ii) a touching of another person with a

sexual organ, anus, breast, groin, or buttocks, or (iii) ejaculation,

emission, or placing semen, urine, or feces upon any part of another

person.]

(b) [[Entered] [remained] in a place of prostitution with the intent

to engage in [vaginal intercourse] [a sexual act] [sexual contact] for the

purposes of sexual [arousal] [gratification].]

Second, that the defendant performed the act with a person who

was not the defendant’s spouse.

And Third, that on (name date), the defendant in (name court) [was

convicted of] [pled guilty to] the crime of patronizing a prostitute, that

was committed on (name date) in violation of the [State of North

Carolina] [State of (name other state)] [United States].

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

about the alleged date, the defendant [willfully engaged in [vaginal

intercourse] [a sexual act] [sexual contact] for the purpose of [sexual

arousal] [gratification] with a prostitute] [willfully [entered] [remained] in

a place of prostitution with the intent to engage in [vaginal intercourse]

[a sexual act] [sexual contact] for the purposes of sexual [arousal]

[gratification]], that the act was performed with a person not the

defendant’s spouse, and the defendant had [been convicted of] [pled

guilty to] (name prior offense), it would be your duty to return a verdict

of guilty. If you do not so find or if you have a reasonable doubt as to

one or more of these things, it would be your duty to return a verdict of

not guilty.