N.C.P.I.—Crim. 238.18

The defendant has been charged with displaying material harmful to

minors.

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

prove five things beyond a reasonable doubt:

First, that the defendant displayed material 1 that was harmful to

minors. 2 Material is harmful to minors when judged with reference to the

average adult person:

a. applying contemporary community standards the material has a

predominant tendency to appeal to a prurient interest of minors in

sex; and

b. applying contemporary community standards the depiction of [sexually

explicit nudity 3] [sexual activity 4] in the material or performance is

patently offensive to prevailing standards in the adult community

concerning what is suitable for minors; and the [material)

[performance) lacks serious literary, artistic, political or scientific value

for minors. 5

Second, that this material was displayed at a commercial

establishment.

Third, that the material was displayed 6 so that it was open to view by

minors as part of the invited general public.

Fourth, that the material was displayed6 by the defendant who had

[custody] [control] [supervision] of the commercial establishment.

And Fifth, that the defendant knew the material's [character]

[content].

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

about the alleged date, the defendant displayed material that was harmful to

minors at a commercial establishment which was under his [custody]

[control] [supervision] and that the material was displayed so that it was

open to view by minors as part of the invited general public and that the

defendant knew the [character] [content] of the material, 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.