N.C.P.I.—Crim. 238.21B

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 by transporting a minor.

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

four things beyond a reasonable doubt:

First, that the defendant [transported] [financed the transportation of]

a person [through] [across] North Carolina.

Second, and that person was a minor. 1

Third, that the transportation of the minor was with the intent 2 that the

minor engage in sexual activity 3 for [a live performance] [the purpose of

producing material 4 that contains a visual representation depicting this

activity]. (Define sexual activity, i.e., masturbation) is sexual activity.

And Fourth, 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 [transported] [financed the

transportation of] a minor [through] [across] this State with the intent that

the minor 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.”