N.C.P.I.—Crim. 235.69

NOTE WELL: This instruction should be used for a

second or subsequent offense committed by a person

who is under the age of 18 at the time of the offense.

NOTE WELL: Use this instruction only if the defendant

denies a previous conviction under N.C. Gen. Stat. §

14-190.5(c)(2) or remains silent. If the defendant

admits previous conviction, use N.C.P.I. 235.65, the

misdemeanor offense. See N.C. Gen. Stat. § 15A-928

for provisions regarding indictment, bifurcated trial,

verdict, and judgment. See also N.C.P.I. Crim. 204.05

for a model instruction for bifurcated proceedings.

NOTE WELL: This instruction applies for offenses

committed before December 1, 2017. For offenses

committed on or after December 1, 2017 use N.C.P.I.–

Crim. 235.69A.

The defendant has been charged with the felonious disclosure of

private images.

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

prove seven things beyond a reasonable doubt:

First, that on or about the alleged date the defendant on (name

date) intentionally1 disclosed an image2 of another person with the

intent to [coerce] [harass] [intimidate] [demean] [humiliate] [cause

financial loss to] the depicted person.

Second, that the defendant on (name date of offense) was under

the age of 18.

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

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

Fourth, the disclosed image shows the [depicted person’s intimate

parts3 exposed] [depicted person engaged in sexual conduct3]

Fifth, that the defendant disclosed the image without the

affirmative consent of the depicted person.

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 privacy4.

And Seventh, that the defendant has a prior conviction for

misdemeanor disclosure of private images; that is:

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

[pled guilty to] misdemeanor disclosure of private images, that was

committed on (name date), in violation of the law of the State of North

Carolina.5

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

about the alleged date the defendant intentionally disclosed an image of

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

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

on (name date of offense) was under the age of 18, that the depicted

person is identifiable from the [disclosed image] [information offered in

connection with the image], that the disclosed image shows the

[depicted person’s intimate parts exposed] [depicted person engaged in

sexual conduct], that the defendant disclosed the image without the

affirmative consent of the depicted person, 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, and that defendant had previously been convicted of

misdemeanor disclosure of private images, 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.