N.C.P.I.—Crim. 235.19B

NOTE WELL: This instruction is for use where it is

alleged that a defendant has been previously convicted

under this section. 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 when there is a

court order in effect prohibiting similar behavior is

guilty of a felony. See N.C.P.I.-Crim. 235.19A.

NOTE WELL: If the defendant admits the previous

conviction, the third element would be deleted. In such

a case, a transcript of plea is required for the

admission of the previous conviction. See N.C. Gen.

Stat. § 15A-928 for provisions regarding indictment,

bifurcated trial, verdict and judgment. The mandate

should be amended consistent with this change.

The defendant has been charged with stalking after having been

previously convicted of a stalking offense.

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

prove [two] [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.

(And) 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

NOTE WELL: The third element below should be given

where there is evidence to support a charge on a

previous conviction and the defendant denies a

previous conviction or remains silent. If the defendant

admits the previous conviction, the third element

would be deleted. In such a case, a transcript of plea

is required for the admission of the previous conviction.

See N.C. Gen. Stat. § 15A-928 for provisions regarding

indictment, bifurcated trial, verdict and judgment. The

mandate should be amended consistent with this

change.4

(And Third, that at the time the defendant was stalking, the

defendant had been convicted of the following offense:

On (name date), the defendant in (name court) [was convicted of]

[plead guilty to] the offense of stalking, that was committed on (name

date).)

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, (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]],

(and that on (name date) the defendant, in (name court) [was convicted

of] [pled guilty to] stalking, that was committed on (name date))5, 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, 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.