N.C.P.I.—Crim. 238.23C

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

prove four things beyond a reasonable doubt.

First, that the defendant willfully:

(a) Engaged in [vaginal intercourse] [(describe) sexual act]

[(describe) sexual contact] for the purpose of sexual [arousal]

[gratification] with a prostitute. A prostitute is a person who

engages in the [[performance of] [offer of] [agreement to

perform]] [vaginal intercourse] [a sexual act] [sexual contact]

for the purpose of [sexual arousal] [gratification] for [money]

[other consideration]. A sexual act is cunnilingus, fellatio,

analingus, or anal intercourse, but does not include vaginal

intercourse. Sexual act also means the penetration, however

slight, by any object into the genital or anal opening of

another person's body. Sexual contact is (i) touching of the

sexual organ, anus, breast, groin, or buttocks of any person,

(ii) touching of another person with a sexual organ, anus,

breast, groin, or buttocks, or (iii) ejaculation, emission, or

placing semen, urine, or feces upon any part of another

person.”

(b) [Entered] [remained] in a place of prostitution with the intent

to engage in [vaginal intercourse] [a sexual act] [sexual

contact] for the purposes of sexual [arousal] [gratification].

Second, that the defendant performed the act with a person who

was not the defendant’s spouse.

Third, that the defendant was 18 years of age or older.

And Fourth, that the prostitute was a minor. A minor is a person

who is less than 18 years of age.

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

about the alleged date, the defendant either willfully engaged in [vaginal

intercourse] [a sexual act] [sexual contact] for the purpose of sexual

[arousal] [gratification] with a prostitute or willfully [entered] [remained]

in a place of prostitution with the intent to engage in [vaginal

intercourse] [a sexual act] [sexual contact] for the purposes of [sexual

arousal] [gratification] and the act was performed with a person not the

defendant’s spouse, and the defendant was 18 years or older and the

prostitute was a minor, it would be your duty to return a verdict of guilty.

If you do not so find or if you have a reasonable doubt as to one or more

of these things, it would be your duty to return a verdict of not guilty.