N.C.P.I.—Crim. 238.13A

The defendant has been charged with assisting in the preparation of

obscene [films] [photographs][slides] [negatives) [motion pictures] for the

purpose of dissemination.

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

prove three things beyond a reasonable doubt:

First, that the defendant knowingly [modeled in] [posed in] [acted

in] [assisted in preparing] a [film] [photograph] [negative] [slide] [motion

picture.]

Second, that the [film) [photograph] [negative] [slide] [motion

picture] was obscene. Material is obscene when judged with reference to

ordinary adults:

a. The average person applying contemporary community standards

would find that the material depicts or describes sexual conduct in a

patently offensive way (define sexual conduct pertinent to the case

as set out by the statute 1). Material is patently offensive when, taken

as a whole, it affronts contemporary community standards relating to

the description or representation of sexual matters.

b. And, the average person applying contemporary community

standards relating to the depiction or description of sexual matters

would find that the material taken as a whole appeals to the prurient

interest in sex. A prurient interest is an unhealthy, abnormal,

lascivious, shameful or morbid sexual interest.

Contemporary community standards must be interpreted as the

current standards here in your community. 2 Both of these tests of

obscenity that I have related to you must be considered and judged

with reference to the average adult in this community, rather than

the most tolerant or the most prudish.

The obscene character of the materials, if any, may be determined

by you, based on the viewing of the alleged obscene material. In

addition to considering all of the evidence presented, you are entitled

to draw on your understanding and knowledge of the views of the

average adult person in this community and of the tolerance of the

average adult person in this community in making the required

determinations which are necessary for the resolution of this case.

In determining whether certain material is obscene, you should

consider the entire (describe material, e.g., "film") as a whole and

not part by part. You may also consider whether the predominant

theme and purpose of the material, when viewed as a whole and not

part by part, is an appeal to the prurient interest of the average adult

person in your community.

c. And, applying the reasonable person standard, you find that the

material taken as a whole lacks serious literary, artistic, political or

scientific value. 3

And Third, that the obscene [film] [photograph) [negative] [slide]

[motion picture] was made for the purpose of dissemination. Material is

disseminated by:

a. a[selling] [offering to sell] [agreeing to sell]

b. [delivering] [offering to deliver] [agreeing to deliver]

c. [providing] [offering to provide] [agreeing to provide]

d. [publishing] [exhibiting] or [otherwise making available]

e. [exhibiting] [offering to exhibit] [agreeing to exhibit]

f. [presenting] [offering to present] [agreeing to present]

g. [renting) [offering to rent] [agreeing to rent] any obscene [film]

[photograph] [negative] [slide) [motion picture] [embodiment].

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

about the alleged date, the defendant knowingly [modeled in] [posed in]

[acted in] [assisted in preparing] an obscene [film] [photograph]

[negative] [slide] [motion picture] which was made for the purpose of

dissemination, 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.