N.C.P.I.—Crim. 240.06

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

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

The defendant has been charged with failure to support his child.

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 the parent of (name child). 1

Second, that the defendant failed to provide him with adequate

support. Adequate support means such things as food, clothing, a place to

live, and medical attention reasonably required for the preservation of his

health. What was adequate support depends on the property, if any, the

defendant owned, his earnings (and other income), if any, and his ability to

earn. 2

And Third, that the defendant's failure to provide adequate support

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

If you find from the evidence beyond a reasonable doubt, that

between about the alleged date, the defendant willfully failed to provide

adequate support for (name child), who was his child, 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.