Instruction 7.300, Criminal Model Jury Instructions for Use in the District Court

GIVING FALSE INFORMATION AFTER ARREST

G.L. c. 268, § 34A

[The statute was amended effective April 13, 2018. See st. 2018, c. 69, § 156. Previously it pertained

only to giving a false name or Social Security number.]

The defendant is charged with knowingly and willfully giving

false information to a police officer after being arrested.

In order to prove the defendant guilty of this offense, the

Commonwealth must prove the following three things beyond a

reasonable doubt.

First: That the defendant was arrested;

Second: That the defendant then gave a false (name) (Social

Security number) (date of birth) (home address) (mailing address)

(phone number) (information requested for the purposes of

establishing the person’s identity) to a law enforcement (officer)

(official); (and)

and Third: That the defendant did so knowingly and willfully;

that is, he (she) intentional gave the police that information for a

dishonest purpose.

Commonwealth v. Clark, 446 Mass. 620 (2006).

SUPPLEMENTAL INSTRUCTIONS

1. False Name The law permits a person to change his

(her) name at will, without resort to legal proceedings,

merely by adopting another name, as long as he (she) is

not using that name for a dishonest purpose. For

purposes of this charge, a false name is one used for a

dishonest purpose.

2. Examples of dishonest purposes Dishonest purposes include,

but are not limited to, concealing one’s criminal record to

avoid being charged as a multiple offender, concealing

one’s criminal record to obtain more favorable bail

consideration, concealing one’s identity to avoid

answering to an outstanding warrant, or creating a new

identity in order to default and avoid prosecution on the

charge for which one has been arrested.

Clark, supra.

3. Prior identification to police using different name If a person

previously has identified himself (herself) to any police

department using information that is different from that

which he (she) used following this arrest and failed to

disclose his (her) prior use of that different information,

you are permitted to infer that his (her) failure to make

such disclosure was for a honest purpose and that he (she)

was using false information. You do not have to draw this

inference, but you may do so. It is entirely up to you.

Clark, supra.

4. Proof of true name unnecessary The Commonwealth does not

have to prove the defendant’s true information. The

Commonwealth is required to prove that he (she) used

false information, that is, that he (she) used information for

a dishonest purpose.

Clark, supra.