NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

CHAPTER 907

SENATE BILL 858

AN ACT TO REWRITE G.S. 108-48 TO MAKE IT CLEAR WHAT PERSONS AND MISDEEDS ARE SUBJECT TO PUNISHMENT THEREUNDER.

The General Assembly of North Carolina enacts:

Sec. 1.  G.S. 108-48 is rewritten to read as follows:

"§ 108-48.  Fraudulent misrepresentation. — (a) Any person whether provider or recipient who willfully and knowingly and with intent to deceive makes a false statement or representation or fails to disclose a material fact and as a result of making a false statement or representation or failing to disclose a material fact obtains, for himself or another person, attempts to obtain for himself or another person, or continues to receive or enables another person to continue to receive public assistance in the amount of not more than four hundred dollars ($400.00) is guilty of a misdemeanor, and upon conviction or plea of guilty shall be fined or imprisoned or both at the discretion of the court.

(b)        Any person whether provider or recipient who willfully and knowingly with the intent to deceive makes a false statement or representation or fails to disclose a material fact and as a result of making a false statement or representation or failing to disclose a material fact, obtains for himself or another person, attempts to obtain for himself or another person, or continues to receive or enables another person to continue to receive public assistance in an amount of more than four hundred dollars ($400.00) is guilty of a felony, and upon conviction or plea of guilty shall be punished as in cases of larceny.

(c)        As used in this section the word 'person' means person, association, consortium, corporation, body politic, partnership, or other group, entity, or organization."

Sec. 2.  This act shall become effective January 1, 1980.

In the General Assembly read three times and ratified, this the 8th day of June, 1979.