N.C.P.I.—Crim. 238.30

NOTE WELL: Use N.C.P.I.—Crim. 238.35 if the defendant actually

appeared at the meeting location.

The defendant has been charged with solicitation of a [child] by means

of [a computer] [a device capable of electronic data [storage] [transmission]],

to commit a sex act.

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

five things beyond a reasonable doubt:

First, that the defendant knowingly, with the intent to commit a sex act

[enticed] [advised] [coerced] [ordered] [commanded] a person to meet with

[the defendant] [another person]. 1

Second, that the purpose of the meeting was to commit a sex act. A sex

act means

a. [Masturbation, done [alone] [with [another human] [an animal].]

b. [[Vaginal] [anal] [oral] intercourse, [done with [another human] [an

animal].]

c. [Touching, in an act of apparent [sexual stimulation] [sexual abuse],

of the [clothed] [unclothed] [genitals] [pubic area] [buttocks] of

another person] [the [clothed] [unclothed] breasts of a human

female].]

d. [A(n) [act] [condition] that depicts [torture], [physical restraint by

being [fettered] [bound]], [flagellation [of] [by] a person clad in

[undergarments] [in [revealing] [bizarre] costume].]

e. [Excretory functions].

f. [The insertion of [any part of a person’s body, other than the male

sexual organ,] [any object into another person’s [anus] [vagina],

except when done as part of a recognized medical procedure].]

g. [The lascivious exhibition of the [genitals] [pubic area] of any

person].]

Third, that the defendant [enticed] [advised] [coerced] [ordered]

[commanded] the person by means of [a computer] [a device capable of

electronic data [storage] [transmission], a (describe device, e.g. a tablet)], to

meet the [defendant] [another person].

Fourth, that the defendant was 16 years of age or older at the time of

the offense.

And Fifth, that the person [enticed] [advised] [coerced] [ordered]

[commanded] by the defendant was a

a. [child less than 16 years of age and at least 5 years younger than

the defendant]

b. [person the defendant believed to be a child less than 16 years of

age and whom the defendant believed to be at least 5 years younger

than the defendant]

c. [person the defendant believed to be the [parent] [guardian]

[caretaker] of a child less than 16 years of age and whom the

defendant believed to be at least 5 years younger than the

defendant]

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

about the alleged date, the defendant knowingly and with the intent to commit

a sex act, [enticed] [advised] [coerced] [ordered] [commanded] a person, by

means of [a computer] [a device capable of electronic data [storage]

[transmission]] to meet [the defendant] [another person] with the purpose of

committing a sex act, the defendant being 16 years of age or older at the time

of the offense, and that the person [enticed] [advised] [coerced] [ordered]

[commanded] was a

a. [child less than 16 years of age and at least 5 years younger than

the defendant]

b. [person the defendant believed to be a child less than 16 years of

age and whom the defendant believed to be at least 5 years younger

than the defendant]

c. [person the defendant believed to be the [parent] [guardian]

[caretaker] of a child less than 16 years of age and whom the

defendant believed to be at least 5 years younger than the

defendant]

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.