NC · jury_instructions
N.C.P.I.—Crim. 274.10
MISDEMEANOR MISREPRESENTATION IN OBTAINING PUBLIC ASSISTANCE. MISDEMEANOR.
NOTE WELL: This instruction is to be used in Aid to Families With
Dependent Children matters.
The defendant has been charged with misdemeanor misrepresentation
in obtaining public assistance.
For you to find the defendant guilty of this offense, the State must
prove five things beyond a reasonable doubt:
First, that the defendant [made a [statement] [representation]] [failed
to disclose a fact] to (name public agency).
Second, that such [[statement] [representation] was false]
[undisclosed fact was material to the defendant's eligibility for public
assistance.]
Third, that the defendant [made such [statement] [representation]]
[failed to disclose such material fact] willfully and knowingly with the intent
to deceive.
Fourth, that as a result of [making such [statement] [failing to disclose
such fact], the defendant [obtained] 1 [attempted to obtain] 2 [continued to
receive] public assistance.
And Fifth, that the defendant was not entitled to receive such public
assistance.
If you find from the evidence beyond a reasonable doubt that on or
about the alleged date the defendant willfully and knowingly with intent to
deceive [made a [statement] [representation] that was false] [failed to
disclose a fact material to the defendant1s eligibility for public assistance] to
(name public agency) and that as a result the defendant [received]
[attempted to receive] [continued to receive] public assistance to which he
was not entitled, it would be your duty to return a verdict of guilty. If you do
not so find, or if you 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. 274.10 (Replacement September 2001). N.C. Gen. Stat. § 108A-39(a). 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
760136073626444892a6b0d6f19aeddda90ac6849e90fb47df9be345a18be9d5
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