N.C.P.I.—Crim. 238.21E

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 creating a child sex doll of an identifiable minor.

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

two things beyond a reasonable doubt:

First, that the defendant created for [sale] [pecuniary gain] a child sex

doll 1 of an identifiable minor. 2

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 created for [sale] [pecuniary gain] a

child sex doll of an identifiable minor, 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.”

1. N.C. Gen. Stat. § 14-190.13(7) provides that “child sex doll” “[m]eans an

anatomically correct doll, mannequin, or robot that meets both of the following requirements:

a. Has the features of or features that resemble those of a minor,

b. Is intended to be used for sexual stimulation or gratification.”

2. N.C. Gen. Stat. § 14-190.13(3) defines “minor” as “an individual who is less than

eighteen (18) years old and is not married or judicially emancipated.” N.C. Gen. Stat. § 14-

190.13(1a) provides that “identifiable minor” means “[a]n individual who meets all of the

following criteria:

c. Was a minor at the time either of the following occurred: