N.C.P.I.—Crim. 235.19A

NOTE WELL: The first violation of this section is a

misdemeanor. See N.C.P.I.-Crim. 235.19. A person

who commits the offense of stalking after having been

previously convicted of stalking is guilty of a felony.

See N.C.P.I.-Crim. 235.19B.

The defendant has been charged with stalking when there was a

court order in effect prohibiting the defendant from stalking.

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 [on more than one occasion

harassed1] [engaged in a course of conduct2 directed at] the victim

without legal purpose.

Second, that the defendant at that time knew or should have

known that the [harassment] [course of conduct] would cause a

reasonable person to:

a. [fear for [that person’s safety] [the safety of that person’s

[immediate family] [close personal associates]. One is placed in

reasonable fear when a person of reasonable firmness, under the

same or similar circumstances, would fear [death] [bodily injury].]

b. [suffer substantial emotional distress by placing that person

in fear of [death] [bodily injury] [continued harassment]].3

And Third, that there was a court order in effect which had been

issued on (name date) [pursuant to North Carolina law] [by the courts of

another state] [by the court of an Indian tribe] prohibiting the defendant

from stalking.

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

about the alleged date(s), the defendant willfully [on more than one

occasion harassed] [engaged in a course of conduct directed at] the

victim without legal purpose, that the defendant at that time knew or

should have known that the [harassment] [course of conduct] would

cause a reasonable person to:

a. [fear for [that person’s safety] [the safety of that person’s

[immediate family] [close personal associates]]].

b. [suffer substantial emotional distress by placing that person

in fear of [death] [bodily injury] [continued harassment]],

and that there was a court order in effect which had been issued on

(name date) [pursuant to North Carolina law] [by the courts of another

state] [by the court of an Indian tribe], prohibiting the defendant from

stalking, it would be your duty to return a verdict of guilty of felonious

stalking. If you do not so find or if you have a reasonable doubt as to one

or more of these things, you will not return a verdict of guilty of felonious

stalking, but will consider whether the defendant is guilty of

misdemeanor stalking. Misdemeanor stalking differs from felonious

stalking in that it is not necessary for there to be a court order in effect

prohibiting the defendant from stalking.

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

about the alleged date the defendant willfully [on more than one

occasion harassed] [engaged in a course of conduct directed at] the

victim without legal purpose, and that the defendant at that time knew or

should have known that the [harassment] [course of conduct] would

cause a reasonable person to:

a. [fear for [that person’s safety] [the safety of that person’s

[immediate family] [close personal associates]]],

b. [suffer substantial emotional distress by placing that person

in fear of [death] [bodily injury] [continued harassment]],

it would be your duty to return a verdict of guilty of misdemeanor

stalking. If you do not so find or have a reasonable doubt as to one or

both of these things, it would be your duty to return a verdict of not

guilty.