N.C.P.I.—Crim. 235.65

NOTE WELL: This instruction should be used for

offenses committed by a person who is under the age

of 18 at the time of the offense. This instruction should

be used for offenses occurring before Dec. 1, 2017. For

offenses occurring on or after Dec 1, 2017 use N.C.P.I.-

Crim. 235.65A.

The defendant has been charged with the disclosure of private

images.

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

prove six things beyond a reasonable doubt:

First, that the defendant on (name date) knowingly disclosed an

image1 of another person with the intent2 to [coerce] [harass]

[intimidate] [demean] [humiliate] [cause financial loss to] the depicted

person.

Second, that defendant was under the age of 18 at the time of the

offense.

Third, that the depicted person was identifiable from the [disclosed

image] [information offered in connection with the image].

Fourth, that the [depicted person’s intimate parts3 were exposed]

[depicted person was engaged in sexual conduct4] in the disclosed image.

Fifth, that the defendant disclosed the image without the

affirmative consent of the depicted person.

And Sixth, that the defendant disclosed the image under

circumstances such that the defendant [knew] [should have known] that

the depicted person had a reasonable expectation of privacy.

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

about the alleged date the defendant knowingly disclosed an image of

another person with the intent to [coerce] [harass] [intimidate] [demean]

[humiliate] [cause financial loss to] the depicted person, that that the

defendant was under the age of 18 at the time of the offense, that the

depicted person was identifiable from the [disclosed image] [information

offered in connection with the image], the [depicted person’s intimate

parts were exposed] [depicted person was engaged in sexual conduct] in

the disclosed image, that the defendant disclosed the image without the

affirmative consent of the depicted person, and that the defendant

disclosed the image under circumstances such that the defendant [knew]

[should have known] that the depicted person had a reasonable

expectation of privacy, then 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.