N.C.P.I.—Crim. 239.25

The defendant has been charged with contributing to the [abuse]

[neglect] [delinquency] [undisciplined status] of a juvenile.1

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

four things beyond a reasonable doubt:

First, that the defendant was at least 16 years old.

Second, that the defendant [caused]2 [encouraged] [aided] the juvenile

[to be in a place or condition]3 [to commit an act] whereby the juvenile could

be adjudicated [abused] [neglected] [delinquent] [undisciplined].

NOTE WELL: Trial Court must choose at least one of the terms

below and must provide the definition of the term to the jury. Only

state the subsection of the definition that is applicable to the case.

If subsection (d) is relevant, you must provide a shorthand

definition of the applicable crime to the jury. Try to be as specific

as possible by using the indictment to determine how the behavior

created the abuse or neglect.

“Abused juvenile” is defined in N.C. Gen. Stat. § 7B-101(1).

An abused juvenile is “any juvenile less than 18 years of age

whose parent, guardian custodian or caretaker [(a) inflicts or

allows to be inflicted upon the juvenile a serious physical injury by

other than accidental means] [(b) creates or allows to be created

a substantial risk of serious physical injury to the juvenile by other

than accidental means] [(c) uses or allows to be used upon the

juvenile cruel or grossly inappropriate procedures or cruel or

grossly inappropriate devices to modify behavior] [(d) commits,

permits, or encourages the commission of a violation of the

following laws by, with, or upon the juvenile: [first degree

rape]4 [rape of a child by an adult offender]5 [second degree

rape]6 [first degree sexual offense]7 [sexual offense with a child

by an adult offender]8 [second degree sexual offense]9 [sexual act

by a custodian]10 [unlawful sale, surrender, or purchase of a

minor]11 [crime against nature]12 [incest]13 [preparation of

obscene photographs, slides, or motion pictures of the

juvenile]14 [employing or permitting the juvenile to assist in a

violation of the obscenity laws]15 [dissemination of obscene

material to the juvenile]16 [displaying or disseminating material

harmful to the juvenile]17 [first and second degree sexual

exploitation of the juvenile]18 [promoting the prostitution of a

juvenile]19 [taking indecent liberties with the juvenile]20] [(e)

creates or allows to be created serious emotional damage21 to the

juvenile] [(f) encourages, directs, or approves of delinquent acts

involving moral turpitude committed by the juvenile] [(g) commits

or allows to be committed an offense under [human

trafficking]22 [involuntary servitude]23 [sexual servitude against

the child.]24]” “Abused juvenile” includes any juvenile less than 18

years of age who is a victim or is alleged to be a victim of an

offense under N.C. Gen. Stat. 14-43.11 (human trafficking), 14-

43.12 (involuntary servitude), or 14-43.13 (sexual servitude),

regardless of the relationship between the victim and the

perpetrator.25

“Neglected juvenile” is defined in N.C. Gen. Stat. § 7B-

101(15). A neglected juvenile is “a juvenile [who does not receive

proper care, supervision or discipline from the juvenile’s parent,

guardian, custodian, or caretaker] [who has been abandoned]

[who lives in an environment injurious to the juvenile’s welfare]

[who has been placed for care or adoption in violation of laws.] In

determining whether a juvenile is a neglected juvenile, it is

relevant whether that juvenile lives in a home where another

juvenile has died as a result of suspected abuse or neglect or lives

in a home where another juvenile has been subjected to abuse or

neglect by an adult who regularly lives in the home.”

“Delinquent juvenile” is defined in N.C. Gen. Stat. § 7B-

1501(7). A delinquent juvenile is “any juvenile, who, while less

than 16 years of age but at least 6 years of age, commits a crime

or infraction under State law or under an ordinance of local

government, including violation of the motor vehicle laws, or who

commits indirect contempt by a juvenile as defined in N.C. Gen.

Stat. § 5A-31.”

“Undisciplined juvenile” is defined in N.C. Gen. Stat. § 7B-

1501(27). An undisciplined juvenile is either “[(a) a juvenile who,

while less than 16 years of age but at least 6 years of age, [is

unlawfully absent from school] [is regularly disobedient to and

beyond the disciplinary control of the juvenile’s parent, guardian,

or custodian] [is regularly found in places where it is unlawful for

a juvenile to be] [has run away from home for a period of more

than 24 hours]] [(b) a juvenile who is 16 or 17 years of age and

[who is regularly disobedient to and beyond the disciplinary

control of the juvenile’s parent, guardian, or custodian] [is

regularly found in places where it is unlawful for a juvenile to be]

[has run away from home for a period of more than 24 hours.]]”

Third, that (name juvenile) was a juvenile. [In the case of a(n) [abused]

[neglected] juvenile, a juvenile is a person who has not reached his or her

18th birthday and is not married, emancipated, or a member of the armed

forces of the United States.] [In the case of a(n) [delinquent]

[undisciplined]26 juvenile, a juvenile is a person who is less than 16 years of

age but at least 6 years of age.]

And Fourth, that the defendant acted knowingly or willfully.27

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

about the alleged date the defendant was at least 16 years old, that (name

juvenile) was a juvenile, and that the defendant knowingly or willfully [caused]

[encouraged] [aided] the juvenile [to be in a place or condition] [to commit

an act] whereby the juvenile could be adjudicated [abused] [neglected]

[delinquent] [undisciplined], 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.