N.C.P.I.—Crim. 220.50

The defendant has been charged with the [improper] [fraudulent]

receipt of a decedent’s [retirement allowance] [disability benefit].

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

prove five things beyond a reasonable doubt:

First, that the defendant had the intent to defraud;

Second, that the defendant received money as a result of [cashing]

[depositing] [receiving a direct deposit of] the [decedent’s retirement

allowance] [decedent’s monthly benefit under the Disability Income Plan

of North Carolina];

Third, that the defendant knew that the defendant was not entitled

to the decedent’s retirement [allowance] [monthly disability benefit];

Fourth, that the receipt of the benefits occurred two months or

longer after the date of the decedent’s death;

And Fifth, that the defendant did not attempt to inform the State’s

Retirement System of the decedent’s death.

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

about the alleged date the defendant had the intent to defraud, that the

defendant received money as a result of [cashing] [depositing] [receiving

a direct deposit of] the [decedent’s retirement allowance] [decedent’s

monthly benefit under the Disability Income Plan of North Carolina], that

the defendant knew that the defendant was not entitled to the

decedent’s retirement [allowance] [monthly disability benefit], that the

receipt of the benefits occurred two months or longer after the date of

the decedent’s death, and that the defendant did not attempt to inform

the State’s Retirement System of the decedent’s death, 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, then it would be

your duty to return a verdict of not guilty.