NC · jury_instructions
N.C.P.I.—Crim. 228.35
[ASSISTING] [ABETTING] [SOLICITING] [CONSPIRING WITH] ANOTHER PERSON TO [MAKE] [PREPARE] A FALSE STATEMENT TO PROCURE BENEFIT OF INSURANCE POLICY—CLAIM OF $100,000 OR MORE. FELONY.
NOTE WELL: Use this instruction when the defendant is not the
presenter of the false statement and the Insurer is the one
defrauded.
NOTE WELL: For situations involving an alleged fraudulent denial
of insurance benefits use N.C.P.I.—Crim. 228.35A.
The defendant has been charged with [assisting] [abetting] [soliciting]
[conspiring with]1 another person to [prepare] [make] a false [written] [oral]
statement2 that is intended to be presented to an insurer [in connection with]
[in support of] a claim for [payment] [a benefit] pursuant to the policy of
$100,000 or more.
For you to find the defendant guilty of this offense, the State must prove
seven things beyond a reasonable doubt:
First, that an insurance [policy] [coverage] existed between (name
insured) (and) (name insurer).
Second, that the defendant [assisted] [abetted] [solicited] [conspired
with] another person to [prepare] [make] a [written] [oral] statement.
Third, that this statement was intended to be presented to (name
insurer) [in connection with] [in support of] a claim for [payment] [a benefit]
pursuant to the insurance policy.
Fourth, that this statement contained false or misleading information
concerning a fact or a matter material to the claim.
Fifth, that the defendant knew that this statement contained false or
misleading information concerning a fact or matter material to the claim.
Sixth, that the defendant acted with the intent3 to [injure] [defraud]
[deceive] (name insurer).
And Seventh, the amount of the claim for payment or other benefit was
$100,000 or more.
If you find from the evidence beyond a reasonable doubt that on or
about the alleged date an insurance policy existed between (name insured)
(and) (name insurer), and that the defendant [assisted] [abetted] [solicited]
[conspired with] another person to [prepare] [make] a [written] [oral]
statement, this statement was intended to be presented to (name insurer) [in
connection with] [in support of] a claim for [payment] [a benefit] pursuant to
the insurance policy, this statement contained false or misleading information
concerning a fact or a matter material to the claim, the defendant acted with
the intent to [injure] [defraud] [deceive] (name insurer), and the amount of
the claim for payment or other benefit was $100,000 or more, it would be
your duty to return a verdict of guilty of [assisting] [abetting] [soliciting]
[conspiring with] another person to [make] [prepare] a false statement to
procure benefit of an insurance policy with a claim of $100,000 or more.
However, if you do not so find, or have a reasonable doubt as to one or more
of these things, you will not return a verdict of guilty of [assisting] [abetting]
[soliciting] [conspiring with] another person to [make] [prepare] a false
statement to procure benefit of insurance policy with a claim of $100,000 or
more, but must determine whether the defendant is guilty of [assisting]
[abetting] [soliciting] [conspiring with] another person to [make] [prepare] a
false statement to procure benefit of an insurance policy.
[Assisting] [abetting] [soliciting] [conspiring with] another person to
[make] [prepare] a false statement to procure benefit of an insurance policy
differs from [assisting] [abetting] [soliciting] [conspiring with] another person
to [make] [prepare] a false statement to procure benefit of an insurance policy
with a claim of $100,000 or more in that the amount of the claim for payment
or other benefit need not be $100,000 or more.
If you find from the evidence beyond a reasonable doubt that on or
about the alleged date an insurance policy existed between (name insured)
(and) (name insurer), and that the defendant [assisted] [abetted] [solicited]
[conspired with] another person to [prepare] [make] a [written] [oral]
statement, this statement was intended to be presented to (name insurer) [in
connection with] [in support of] a claim for [payment] [a benefit] pursuant to
the insurance policy, this statement contained false or misleading information
concerning a fact or a matter material to the claim, and the defendant acted
with the intent to [injure] [defraud] [deceive] (name insurer), it would be your
duty to return a verdict of guilty of [assisting] [abetting] [soliciting]
[conspiring with] another person to [make] [prepare] a false statement to
procure benefit of an insurance policy. However, 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. 228.35 (Replacement March 2024). N.C. Gen. Stat. § 58-2-161(b)(2). 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
- 2026-09-25
- Edition
- 2026-09-24
- Content hash
1a3476f361c27f7df4b44c71751e1f9e291cb6506425692a062626f386655178
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