N.C.P.I.—Crim. 238.19

The defendant has been charged with disseminating harmful material

to minors.

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

State must prove two things beyond a reasonable doubt:

First, that the defendant [sold] [furnished] [presented] [distributed] to

a minor 1 material 2 that was harmful to minors. Material is harmful to minors

if it depicts [sexually explicit nudity 3] [sexual activity 4] and taken as a

whole:

a. the average adult person applying contemporary community standards

would find that it has a predominant tendency to appeal to a prurient

interest of minors in sex; and

b. the average adult person applying contemporary community

c. standards would find the depiction of [sexually explicit nudity] [sexual

activity] in the material is patently offensive to prevailing standards in

the adult community concerning what is suitable for minors; and

d. it lacks serious literary, artistic, political or scientific value for minors. 5

And Second, that the defendant knew the [character] [content] of the

material.

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

about the alleged date, the defendant [sold] [furnished] [presented]

[distributed] to a minor material that was harmful to minors 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.

NOTE WELL: G.S. 14-190.15(c) provides that it is an affirmative

defense to a prosecution under G.S. 14- 190.15(a) (1) that:

(1) The defendant was a parent or legal guardian of the

minor.

(2) The defendant was a school, church, museum, public

library, governmental agency, medical clinic, or

hospital carrying out its legitimate function; or an

employee or agent of such an organization acting in

that capacity and carrying out a legitimate duty of

his employment.

(3) Before disseminating or exhibiting the harmful

material or performance, the defendant requested

and received a driver's license, student identification

card, or other official governmental or educational

identification card or paper indicating that the minor

to whom the material or performance was

disseminated or exhibited was at least eighteen (18)

years old, and the defendant reasonably believed the

minor was at least eighteen (18) years old.

(4) The dissemination was made with the prior consent

of a parent or guardian of the recipient.