N.C.P.I.—Crim. 238.21

NOTE WELL: N.C. Gen. Stat. § 14-190.16(c) provides that a

mistake of age is not a defense to prosecution.

The defendant has been charged with first degree sexual exploitation of

a minor.

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

three things beyond a reasonable doubt:

First, that the defendant [used] [employed] [induced] [coerced]

[encouraged] [facilitated] a person to [engage in] [assist others to engage in]

sexual activity 1 for [a live performance] [the purpose of producing material2

that contains a visual representation depicting this activity]. (Define sexual

activity, i.e., masturbation) is sexual activity.

Second, that the person was a minor. 3

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

[performance] [material].

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

about the alleged date, the defendant [used] [employed] [induced] [coerced]

[encouraged] [facilitated] a minor to [engage in] [-assist others to engage in]

sexual activity for [a live performance] [the purpose of producing material

that contains a visual representation depicting sexual activity], and that the

defendant knew the [character] [content] of the [performance] [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: N.C. Gen. Stat. § 14-190.16(b) states that “[i]n a

prosecution under this section, the trier of fact may infer that a

participant in sexual activity whom material through its title, text,

visual representations, or otherwise represents or depicts as a

minor is a minor.”