N.C.P.I.—Crim. 226.97

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 226.98. If the

defendant denies the prior conviction or remains silent,

the State must prove this prior conviction in the third

element of the offense charged before the jury as part

of its case.

The defendant has been charged with solicitation for prostitution.

Prostitution is the [performance of] [offer of] [agreement] to perform

[vaginal intercourse] [(describe) sexual act2] [(describe) sexual contact3]

for the purpose of [sexual arousal] [gratification] for any money or other

consideration. Solicitation for prostitution may be defined as any course

of action by which a person advertises or communicates to another

person [that person’s] [some other person's] availability for and

willingness to commit an act of prostitution, and explicitly or implicitly

invites that person to engage in acts of prostitution with [that person]

[some other person].

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

prove three things beyond a reasonable doubt:

First, that the defendant (describe act, e.g. stood under a street

lamp late at night making comments to passersby inviting them to

participate in acts of prostitution.)

Second, that the acts of the defendant were calculated and

intended to advertise and communicate the availability of [the defendant]

[some other person] for acts of prostitution, and were calculated and

intended to attract and invite other persons to commit acts of

prostitution with [the defendant] [some other person].

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

[was convicted of] [pled guilty to] the crime of soliciting prostitution, that

was committed on (name date) in violation of the laws 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 (describe act) with the intent of

advertising [the defendant’s] [some other person's] availability for acts of

prostitution and with the intent to induce other persons to engage in acts

of prostitution with [the defendant] [some other person], and the

defendant has [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.