N.C.P.I.—Crim. 260.22

NOTE WELL: Use this instruction only when the defendant is a

“street trafficker” and not a “practitioner” or a “registrant.” Use

N.C.P.I.—Crim. 260.80 when the defendant is a “practitioner” or

a “registrant.” See the notes to that instruction for further

explanation.

The defendant has been charged with [selling] [delivering] (name

substance), a controlled substance, to a [minor under 16 years of age but

more than 13 3years of age] [pregnant woman] [minor 13 years of age or

younger].

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

prove three things beyond a reasonable doubt:

First, that the defendant knowingly [sold] [delivered] 1 (name

substance) to (name buyer or distributee) 2 (Describe conduct) would be

[sale] [delivery] of a controlled substance. 3

Second, that the person who received the controlled substance was

[under 16 years of age but more than 13 years of age] [a pregnant woman]

[13 years of age or younger]. 4

And Third, that at the time of [sale] [delivery] the defendant was 18

years of age or older.

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

about the alleged date the defendant knowingly [sold] [delivered] (name

substance) to (name buyer or distributee), and that the recipient was a

[minor under 16 years of age but more than 13 years of age] [pregnant

woman] [minor 13 years of age or younger], and that the defendant was 18

years of age or older, it would be your duty to return a verdict of guilty of

[selling] [delivering] (name substance) to a [minor under 16 years of age

but more than 13 years of age] [pregnant woman] [minor 13 years of age or

younger]. If you do not so find or if you have a reasonable doubt as to one

or more of these things, you will not return a verdict of guilty of [selling]

[delivering] (name substance) to a [minor under 16 years of age but more

than 13 years of age] [pregnant woman] [minor 13 years of age or

younger]. 5

If you do not find the defendant guilty of this offense, you must

consider whether he is guilty of [selling] [delivering] (name substance).

[Selling] [Delivering] (name substance) does not require proof that the

defendant was 18 years of age or older or that the (name buyer or

distributee) was a [minor under 16 years of age but more than 13 years of

age] [pregnant woman] [minor 13 years of age or younger].

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

about the alleged date the defendant knowingly [sold] [delivered] (name

substance) to (name buyer or distributee), it would be your duty to return a

verdict of guilty of [selling] [delivering] (name substance). 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.