NC · jury_instructions
N.C.P.I.—Crim. 219.11
FRAUDULENT MISREPRESENTATION INVOLVING CHILD CARE SUBSIDIES. FELONY; MISDEMEANOR.
The defendant has been charged with fraudulent misrepresentation
involving child care subsidies.3
For you to find the defendant guilty of this offense, the State must
prove three things beyond a reasonable doubt:
First, that the defendant4 [made a false [statement]
[representation] regarding a material fact] (or) [failed to disclose a
material fact].
Second, that this [false [statement] [representation] regarding a
material fact] (or) [failure to disclose a material fact] was calculated and
intended to deceive.
Third, that the defendant thereby [obtained] [attempted to obtain]
[continues to obtain] a child care subsidy for [himself] [herself] [another
person].
And Fourth, that the child care subsidy involved was more than
$1,000.
If you find from the evidence beyond a reasonable doubt that on or
about the alleged date, the defendant [made a false [statement]
[representation] regarding a material fact] [failed to disclose a material
fact], that this was calculated and intended to deceive, that the
defendant thereby [obtained] [attempted to obtain] [continues to obtain]
a child care subsidy for [himself] [herself] [another person], and that the
child care subsidy involved was more than $1,000, it would be your duty
to return a verdict of guilty of felonious misrepresentation involving child
care subsidies. If you do not so find or have a reasonable doubt as to one
or more of these things, you would not return a verdict of guilty of
felonious fraudulent misrepresentation involving child care subsidies, but
will consider whether the defendant is guilty of misdemeanor fraudulent
misrepresentation involving child care subsidies.5 The misdemeanor
differs from the felony in that the subsidy involved need not be more
than $1,000.
If you find from the evidence beyond a reasonable doubt that on or
about the alleged date, the defendant [made a false [statement]
[representation] regarding a material fact] [failed to disclose a material
fact], that this was calculated and intended to deceive, and that the
defendant thereby [obtained] [attempted to obtain] [continues to obtain]
a child care subsidy for [himself] [herself] [another person], it would be
your duty to return a verdict of guilty of misdemeanor fraudulent
misrepresentation involving child care subsidies. 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.
History
N.C.P.I.—Crim. 219.11 (April 2000). N.C. Gen. Stat. § 110-107. Prepared by the North Carolina Conference of Superior Court Judges' Committee on Pattern Jury Instructions, assisted by the UNC School of Government; published by the School of Government.
Provenance
- Source
- sog.unc.edu
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
e2970b66faa19c656a704488294d72711a7f43594177facfa50d2d20639a2ffd
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