N.C.P.I.—Crim. 239.37

NOTE WELL: The identity of a person making a report

pursuant to this section must be protected and only

revealed as provided in N.C.G.S. § 132-1.4(c)(4).

NOTE WELL: N.C.G.S. § 14-318.6(f) provides a good

faith immunity clause. A person who makes a report in

good faith, cooperates with law enforcement in an

investigation, or testifies in any judicial proceeding

resulting from a law enforcement report or

investigation is immune from any civil or criminal

liability that might otherwise be incurred or imposed for

that action, provided that person was acting in good

faith.

NOTE WELL: N.C.G.S. § 14-318.6(h) provides that

nothing in this section shall be construed as to require

a person with a privilege under G.S. 8-53.3, 8-53.7, 8-

53.8, or 8-53.12 or with attorney-client privilege to

report pursuant to this section if that privilege would

prevent that person from doing so.

The defendant has been charged with failure to report (a) crime(s)

against a juvenile.

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

prove three things beyond a reasonable doubt.

First, that (name juvenile) was a juvenile.1 A juvenile is an

individual under the age of eighteen.

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

Third, that the defendant knew or should have known that (name

juvenile) was the victim of [a violent offense] [a sexual offense]

[misdemeanor child abuse].

And Fourth, that the defendant [knowingly] [willfully] [[failed to

report]2 [prevented another person from making a report of]] such

[violent offense]3 [sexual offense] [misdemeanor child abuse]4 to the

appropriate law enforcement agency in (name county where the juvenile

resides or is found).

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

about the alleged date (name juvenile) was a juvenile, that the

defendant was 18 years of age or older, that the defendant knew or

should have known that (name juvenile) was the victim of [a violent

offense] [a sexual offense] [misdemeanor child abuse], and that the

defendant [knowingly] [willfully] [[failed to report] [prevented another

person from making a report of]] such [violent offense] [sexual offense]

[misdemeanor child abuse] to the appropriate law enforcement agency in

(name county where the juvenile resides or is found), 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.