N.C.P.I.—Crim. 240.05

NOTE WELL: This crime is punished as a Class 1 misdemeanor

upon a second or subsequent offense. G.S. 14-322(f).

The defendant has been charged with abandonment of [his wife] [her

husband].

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

prove six things beyond a reasonable doubt:

First, that the defendant was the [husband] [wife] of (name

defendant's spouse).

Second, that the defendant was a supporting spouse. A supporting

spouse is a spouse, whether husband or wife, upon whom the other spouse

is actually substantially dependent or from whom such other spouse is

substantially in need of maintenance and support.

Third, that (name defendant's spouse) was a dependent spouse. A

dependent spouse is a spouse, whether husband or wife, who is actually

substantially dependent upon the other spouse for [his] [her] maintenance

and support or is substantially in need of maintenance and support from the

other spouse.

Fourth, that the defendant abandoned (name defendant's spouse) on

or about (name date). Abandonment means more than mere separation.

Fifth, that after abandoning [her] [him], [he] [she] failed to provide

[her] [him] with adequate support. By support, I mean such things as food,

clothing, a place to live, or medical attention reasonably required for the

preservation of [her] [his] health. What was adequate support depends on

the property, if any, the defendant owned, [his] [her] earnings (and other

income), if any, and [his] [her] ability to earn.

And Sixth, that both the abandonment and failure to support was

willful, that is, intentional and without justification or excuse.

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

about the alleged date, the defendant was a supporting spouse, that (name

defendant's spouse) was a dependent spouse, that the defendant willfully

abandoned [his wife] [her husband], and that thereafter [he] [she] willfully

failed to provide [her] [him] with adequate support, 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.