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NC · jury_instructions

N.C.P.I.—Crim. 220.41

MAKING A MATERIALLY [FALSE] [MISLEADING] STATEMENT ABOUT A [SUBSTANCE USE DISORDER TREATMENT SERVICE] [RECOVERY RESIDENCE] IN MARKETING MATERIALS WITH THE INTENT TO DEFRAUD. FELONY.

activein force · 2024-04-01 – presentas-observed

The defendant has been charged with making a materially [false]

[misleading] statement about a [substance use disorder treatment service]

[recovery residence] in marketing materials with the intent to defraud.

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

three things beyond a reasonable doubt:

First, that the defendant was a [treatment provider]1 [treatment

facility]2 [recovery residence]3 [[third party providing services to any

[treatment provider] [treatment facility] [recovery residence]].

Second, that the defendant knowingly4 [made a materially [false]

[misleading] statement] [provided [false] [misleading] information].

And Third, that the defendant did so with the intent5 to defraud any

person about the [[nature] [identity] [location]] [[of substance use disorder

treatment services] [in a recovery residence] [in advertising materials] [on a

call line] [on an internet website] [in any other marketing materials]].

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

about the alleged date, the defendant was a [treatment provider] [treatment

facility] [recovery residence] [[third party providing services to any

[treatment provider] [treatment facility] [recovery residence]] and knowingly

[made a materially [false] [misleading] statement] [provided [false]

[misleading] information] with the intent to defraud any person about the

[[nature] [identity] [location]] [[of substance use disorder treatment services]

[in a recovery residence] [in advertising materials] [on a call line] [on an

internet website] [in any other marketing materials]] (nothing else

appearing),6 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.

History

N.C.P.I.—Crim. 220.41 (April 2024). N.C. Gen. Stat. § 90-113.151(c)(1). 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
e8abb5400420d8162b5b43e6dabc7bdd2af865ad7a8133396c57561d1339f963
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