N.C.P.I.—Crim. 238.21C

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

four things beyond a reasonable doubt:

First, that the defendant [recorded] [photographed] [filmed]

[developed] [duplicated] material 1 for [sale] [pecuniary gain].

Second, that the material contained a visual representation depicting a

person engaged in sexual activity. 2 (Define sexual activity, i.e., masturbation)

is sexual activity.

Third, and that person was a minor.å 3

And Fourth, 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 [recorded] [photographed] [filmed]

[developed] [duplicated] for [sale] [pecuniary gain] material that contained a

visual representation depicting a minor engaged in sexual activity 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: 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.”