N.C.P.I.—Crim. 235.69B

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: This instruction applies for offenses committed on or

after December 1, 2024. For offenses committed before December

1, 2024 use N.C.P.I.—Crim. 235.69A.

The defendant has been charged with 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 the defendant on (name date) knowingly disclosed an image 1

of another person with the intent 2 to [coerce] [harass] [intimidate] [demean]

[humiliate] [cause financial loss to] the depicted person.

Second, that on that date the 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 parts 3 [were exposed]

[were realistically depicted to be exposed]] [depicted person [was engaged]

[was realistically depicted to be engaged] in sexual conduct 4] in the disclosed

image.

Fifth, that the defendant disclosed the image without the affirmative

consent of the depicted person.

And Sixth, that the defendant [obtained] [created] [adapted] [modified]

the image [without the consent of the depicted person] [under circumstances

such that the defendant [knew] [should have known] that the depicted person

expected the image to remain private].

NOTE WELL: If the defendant admits the prior conviction, then the

seventh element below would be omitted from the instruction.

(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 [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.)

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 the defendant was under 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

disclosed image shows the [depicted person’s intimate parts [were exposed]

[were realistically depicted to be exposed]] [depicted person [was engaged]

[was realistically depicted to be engaged] in sexual conduct], that the

defendant disclosed the image without the affirmative consent of the depicted

person, that the defendant [obtained] [created] [adapted] [modified] the

image [without the consent of the depicted person] [under circumstances such

that the defendant [knew] [should have known] that the depicted person

expected the image to remain private], (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.