N.C.P.I.—Crim. 238.16

The defendant has been charged with disseminating obscene material

to a minor under the age of thirteen.

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

prove three things beyond a reasonable doubt:

First, that the defendant was eighteen years of age or older at the

time of the acts alleged.

Second, that the defendant knowingly disseminated material which he

[knew] [reasonably should have known] to be obscene, by (describe act of

dissemination involved). 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 material was disseminated to a minor who had not

yet reached his thirteenth birthday.

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

about the alleged date the defendant was eighteen years of age or older,

and that the defendant knowingly disseminated material which he [knew]

[reasonably should have known] to be obscene, and which was in fact

obscene, to a minor under the age of thirteen, 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.