N.C.P.I.—Crim. 240.40

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

prove three things beyond a reasonable doubt:

First, that the defendant is the father1 of (name child) born of the

body of (name mother) on (name date).2

Second, that after (name child) was born, [the child’s mother] [the

director of public welfare] [(name other appropriate party)] gave notice to

the defendant demanding that the defendant maintain and provide adequate

support for (name child).3

And Third, that the defendant willfully neglected or refused to maintain

and provide adequate support for (name child). Willfully means intentionally

and without justification or excuse.4

STATE OF NORTH CAROLINA IN THE GENERAL COURTS OF

JUSTICE

___________ COUNTY SUPERIOR COURT DIVISION

STATE OF NORTH CAROLINA )

)

-vs- ) ISSUES AND VERDICT

)

)

)

(NAME DEFENDANT) )

1. Do you, the jury, unanimously find beyond a reasonable doubt

that the defendant, (name defendant), is the father of (name child) born

of the body of (name mother of child) on (name date)?

ANSWER:

2. Do you, the jury, unanimously find beyond a reasonable doubt

that, after the birth of (name child), (name mother of child) gave notice

to (name defendant), demanding that he adequately support (name

child)?

ANSWER:

3. Do you, the jury, unanimously find beyond a reasonable doubt

that the defendant willfully neglected or refused to maintain or provide

adequate support for (name child)?

ANSWER:

4. Do you, the jury, unanimously find beyond a reasonable doubt,

that the defendant, (name defendant), is guilty of willful neglect or

refusal to provide adequate support and maintain his illegitimate child?

ANSWER:

IF YOU ANSWER ANY OF THE ABOVE QUESTIONS, "NO," INDICATE,

"NOT GUILTY," UNDER "VERDICT" BELOW. IF YOU ANSWER ALL FOUR

QUESTIONS, "YES," INDICATE, "GUILTY," UNDER "VERDICT" BELOW.

VERDICT

We, the jury, unanimously find the defendant ________________ .

This ____________________________ day of, 19 ______

________________________________ (signature)

Foreman of the Jury