Pattern Jury Instruction Commission March 2009 Draft Instructions

JURY INSTRUCTION DRAFTS - March 2009

If you have questions or comments, please contact please contact Jennifer M. Hauge at cjhauge@dishmail.net.

2009 NDJI-CIVIL C - 5.30

Knowingly

(Dram Shop)

Knowingly means acting voluntarily and not because of mistake or inadvertence. It means a firm belief unaccompanied by substantial doubt. The knowledge need not be absolute. You must consider all the surrounding facts and circumstances in determining whether [name of Defendant] acted knowingly.

* * * * *

Stewart v. Ryan, 520 NW2d 39, 49 (ND 1994)

Cf. State v. Kaufman, 310 NW2d 709, 713-714 (ND 1981) (a criminal case interpreting NDCC 12.1-02-02(1)(b))(knowingly).

2008 NDJI-CRIMINAL K - 7.22

(2009 - renumbered, no changes)

Luring Minors by Computer

An adult who knows the character and content of a computer communication that, in whole or in part, implicitly or explicitly discusses or shows actual or simulated [nudity] [sexual acts] [sexual contact] [sadomasochistic abuse] [or other sexual performances] and uses any computer communication system or other electronic means allowing inputting, outputting, examining, or transferring any and all information contained on a computer from one computer or electronic device to another to initiate or engage in this kind of communication with a person the adult believes is a minor; and

Through the communication, the adult importunes, invites, or induces a person the adult believes is a minor [to engage in sexual acts or to have sexual contact with the adult] [to engage in a sexual performance, obscene sexual performance, or sexual conduct for the adult's benefit, satisfaction, lust, passions, or sexual desires] is guilty of an offense.

ESSENTIAL ELEMENTS OF OFFENSE

The State's burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements:

1) On or about [month] [day] [year], in [County], North Dakota, the Defendant, _______________ knowingly;

2) Made a communication that, in whole or in part, implicitly or explicitly discussed or depicted actual or simulated [nudity] [sexual acts] [sexual contact] [sadomasochistic abuse] [or other sexual performances];

3) Used a computer communication system or other electronic means that allowed the input, output, examination, or transfer of computer data or computer programs from one computer or electronic device to another to initiate or engage in this type of communication;

4) To communicate with _______________ whom the Defendant, _______________, believed was a minor; and

5) Through this communication, the Defendant, _______________, importuned, invited, or induced _______________ to engage in sexual acts with the Defendant, to have sexual contact with the Defendant, or to engage in a sexual performance, obscene sexual performance, or sexual conduct for the Defendant's benefit, satisfaction, lust, passions, or sexual desires.

2008 NDJI-CRIMINAL K - 7.22

(2009 - renumbered, no changes)

[6) The Defendant was an adult twenty-two years old or older and reasonably believed the minor was fifteen years of age or younger.]

DEFINITIONS

[Insert relevant definitions. NDCC 12.1-20-02 (sexual acts, sexual contact), 12.1-27.2-01 (simulated, obscene sexual performance, sexual performance), 12.1-27.1-03.1 (nudity), 12.1-27.1-01 (sadomasochistic abuse, sexual conduct), 14.10-01 (minor)]

* * * * *á

NDCC 12.1-20-05.1

NOTE: The bracketed language of paragraph 6 should be used if a class C felony is charged; otherwise the offense is a class A misdemeanor.

2003 NDJI-CRIMINAL K - 7.23

(2009 - renumbered, no changes)

Affirmative Defense

[When the criminality of conduct depends on a child's being below the age of fifteen (15), it is no defense that the actor did not know the child's age, or reasonably believed the child to be older than fourteen.] [It is an affirmative defense to the offense charged that the Defendant reasonably believed _______________ to be an adult at the time of the alleged offense.]

Having asserted this defense, the burden rests upon the Defendant to prove it by the greater weight of the evidence. Evidence is of greater weight if, when considered and compared with opposing evidence, it is more persuasive and convinces you that what the Defendant seeks to prove is more likely so than not so. It is immaterial who produces the persuasive evidence.

Accordingly, although the State may have proved beyond a reasonable doubt all of the essential elements of the offense charged, a Defendant who has proved the affirmative defense by the greater weight of the evidence cannot be found guilty. In that event, you shall return a verdict of "Not Guilty."

* * * * *

NDCC 12.1-01-03(3), 12.1-20-01(1), 12.1-20-05

2009 NDJI-CRIMINAL K - 7.24

Use of a Minor in a Sexual Performance

A person who, knowing the character and content of a performance, [employs] [authorizes] [induces] a minor in sexual conduct during a performance, is guilty of use of a minor in a sexual performance.

ESSENTIAL ELEMENTS OF THE OFFENSE

The State's burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements:

1) On or about [month] [day] [year], in [County], North Dakota, the Defendant, ________________;

2) Knowing the character and content of a performance;

3) [employed] [authorized] [induced] a minor in sexual conduct during a performance.

DEFINITIONS

[Insert relevant definitions. NDCC 12.1-27.2-01, NDCC 12.1-02-02]

* * * * *

NDCC 12.1-27.2-02

NDCC 12.1-27.2-05 (affirmative defenses)

NDCC 12.1-27.2-06

NOTE: For the affirmative defense to this charge, see NDJI K-7.29.

2009 NDJI-CRIMINAL K - 7.25

Use of a Minor in a Sexual Performance

(Parent, Legal Guardian, or Custodian of a Minor)

A [parent] [legal guardian] [custodian of a minor] who, knowing the character and content of a performance, consents to the participation by the minor in sexual conduct during a performance, is guilty of use of a minor in a sexual performance.

ESSENTIAL ELEMENTS OF THE OFFENSE

The State's burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements:

1) On or about [month] [day] [year], in [County], North Dakota, the Defendant, ________________;

2) Knowing the character and content of a performance;

3) Consented to the participation by the minor in sexual conduct during a performance.

DEFINITIONS

[Insert relevant definitions. NDCC 12.1-27.2-01, NDCC 12.1-02-02]

* * * * *

NDCC 12.1-27.2-02

NDCC 12.1-27.2-05 (affirmative defenses)

NDCC 12.1-27.2-06

NOTE: For the affirmative defense to this charge, see NDJI K-7.29.

2009 NDJI-CRIMINAL K - 7.26

Promoting or Directing an Obscene Sexual Performance

by a Minor (Class B Felony)

A person who, knowing the character and content of a performance, [produces] [directs] [promotes] any obscene performance which includes sexual conduct by a person who was a minor at the time of the performance, is guilty of promoting or directing an obscene sexual performance by a minor.

ESSENTIAL ELEMENTS OF THE OFFENSE

The State's burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements:

1) On or about [month] [day] [year], in [County], North Dakota, the Defendant, ________________;

2) Knowing the character and content of a performance;

3) [produced] [directed] [promoted] any obscene performance which included sexual conduct by a person who was a minor at the time of the performance.

DEFINITIONS

[Insert relevant definitions. NDCC 12.1-27.2-01, NDCC 12.1-02-02]

* * * * *

NDCC 12.1-27.2-03 (class B felony)

NDCC 12.1-27.2-05 (affirmative defenses)

NDCC 12.1-27.2-06

NOTE: For the affirmative defense to this charge, see NDJI K-7.29.

2009 NDJI-CRIMINAL K - 7.27

Promoting a Sexual Performance by a Minor (Class C Felony)

A person who, knowing the character and content of a performance, [produces] [directs] [promotes] any performance which includes sexual conduct by a person who was a minor at the time of the performance, is guilty of promoting a sexual performance by a minor.

ESSENTIAL ELEMENTS OF THE OFFENSE

The State's burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements:

1) On or about [month] [day] [year], in [County], North Dakota, the Defendant, ________________;

2) Knowing the character and content of a performance;

3) [produced] [directed] [promoted] any performance which included sexual conduct by a person who was a minor at the time of the performance.

DEFINITIONS

[Insert relevant definitions. NDCC 12.1-27.2-01, NDCC 12.1-02-02]

* * * * *

NDCC 12.1-27.2-04

NDCC 12.1-27.2-05 (affirmative defenses)

NDCC 12.1-27.2-06

NOTE: For the affirmative defense to this charge, see NDJI K-7.29.

2009 NDJI-CRIMINAL K - 7.28

Possession of Certain Materials Prohibited (Class C Felony)

A person who, knowing the character and content of a performance, knowingly possesses any [motion picture] [photograph] [other visual representation] that includes sexual conduct by a minor, is guilty of possession of certain materials prohibited.

ESSENTIAL ELEMENTS OF THE OFFENSE

The State's burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements:

1) On or about [month] [day] [year], in [County], North Dakota, the Defendant, ________________;

2) Knowing the character and content of a performance;

3) Knowingly possessed any [motion picture] [photograph] [other visual representation] that included sexual conduct by a minor.

DEFINITIONS

[Insert relevant definitions. NDCC 12.1-27.2-01, NDCC 12.1-02-02]

* * * * *

NDCC 12.1-27.2-04.1

NDCC 12.1-27.2-05 (affirmative defenses)

NDCC 12.1-27.2-06

NOTE: For the affirmative defense to this charge, see NDJI K-7.29.

2009 NDJI-CRIMINAL K - 7.29

Affirmative Defense

Sex Crimes

In a prosecution for [using a minor in a sexual performance] [promoting or directing an obscene sexual performance by a minor] [promoting a sexual performance by a minor] [possessing certain materials prohibited], it is an affirmative defense that:

1) The Defendant in good faith reasonably believed the person appearing in the performance was eighteen years of age or older;

2) The material or performance involved was [disseminated] [presented] for a bona fide [medical] [scientific] [educational] [religious] [governmental] [judicial] or other appropriate purpose by or to a [physician] [psychologist] [sociologist] [scientist] [teacher] [person pursuing bona fide studies or research] [librarian] [member of the clergy] [prosecutor] [judge] [other person having a similar interest in the material or performance]; or

3) The defendant had no financial interest in promoting a sexual performance by a minor, other than employment in a theater, which employment does not include compensation based upon any proportion of the receipts arising from promotion of the sexual performance, and that person was in no way responsible for acquiring the material for [sale] [rental] [exhibition].

DEFINITIONS

[Insert relevant definitions. NDCC 12.1-27.2-01]

* * * * *

NDCC 12.1-27.2-05 (affirmative defenses)

NDCC 12.1-27.2-06

2009 NDJICRIMINAL K - 8.30

Terrorizing

(False Information)

A person who, with intent to cause the evacuation of a building, place of assembly, or facility of public transportation, or otherwise to cause serious disruption or public inconvenience, or in reckless disregard of the risk of causing such disruption or inconvenience, and the person falsely informs another that a situation is dangerous to human life or commission of a crime of violence is imminent knowing that the information is false, is guilty of Terrorizing.

ESSENTIAL ELEMENTS OF OFFENSE

The State's burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements:

1) On or about [month] [day] [year], in [County], North Dakota, the Defendant, _____________ ;

2) With intent to cause the evacuation of a building, place of assembly, or facility of public transportation, or otherwise to cause serious disruption or public inconvenience, or in reckless disregard of the risk of causing such disruption or inconvenience; and

3) Falsely informed another that a situation dangerous to human life or commission of a crime of violence was imminent knowing that the information was false.

DEFINITIONS

[Insert relevant definitions. NDCC 12.1-02-02]

* * * * *

NDCC 12.1-17-04

State v. Laib, 2005 ND 191, 705 NW2d 815

State v. Olson, 552 NW2d 362 (ND 1996)

State v. Hass, 268 NW2d 456 (ND 1978) (statute defining ôterrorizingö does not include a culpability level, so the degree of culpability required is ôwillfulö)

2009 NDJICRIMINAL K - 8.32

Terrorizing

(Threatening to Commit a Crime of Violence)

A person who, with intent to place another in fear for that person's or another's safety or in reckless disregard of the risk of causing such terror, and the person threatens to commit any crime of violence or act dangerous to human life, is guilty of Terrorizing.

ESSENTIAL ELEMENTS OF OFFENSE

The State's burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements:

1) On or about [month] [day] [year], in [County], North Dakota, the Defendant, ___________;

2) With intent to place another in fear for that person's or another's safety or in reckless disregard of the risk of causing such terror; and

3) Threatened to commit any crime of violence or act dangerous to human life.

DEFINITIONS

[Insert relevant definitions. NDCC 12.1-02-02]

* * * * *

NDCC 12.1-17-04

State v. Laib, 2005 ND 191, 705 NW2d 815

State v. Olson, 552 NW2d 362 (ND 1996)

State v. Hass, 268 NW2d 456 (ND 1978) (statute defining ôterrorizingö does not include a culpability level, so the degree of culpability required is ôwillfulö)

2009 NDJI-CRIMINAL K - 9.30

Breaking Into or Concealment Within a Vehicle

(Class B Felony)

A person who, knowing that [he] [she] is not licensed or privileged to do so, [forcibly enters a vehicle, vessel, or aircraft] [enters a vehicle, vessel, or aircraft, without the use of force, with the intent to commit a crime] [enters a vehicle, vessel, or aircraft lawfully, and with intent to commit a crime, conceals oneself in the vehicle, vessel, or aircraft] and while armed with a firearm, destructive device, or other weapon the possession of which under the circumstances indicates an intent or readiness to inflict serious bodily injury, is guilty of breaking into or concealment within a vehicle.

ESSENTIAL ELEMENTS OF OFFENSE

The State's burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements:

1) On or about [month] [day] [year], in [County], North Dakota, the Defendant, _______________,

2) Knowing [he][she] was not licensed or privileged to do so;

3) [Forcibly entered a [vehicle] [vessel] [aircraft]] [entered a [vehicle] [vessel] [aircraft], without the use of force, with the intent to commit a crime] [entered a [vehicle] [vessel] [aircraft] lawfully and with intent to commit a crime, concealed [himself][herself] in the [vehicle] [vessel] [aircraft]; and

4) The Defendant was armed with a [firearm] [destructive device] [other weapon] the possession of which under the circumstances indicated an intent or readiness to inflict serious bodily injury.

DEFINITIONS

[Insert relevant definitions. NDCC 12.1-01-04, 12.1-02-02]

* * * * *

NDCC 12.1-22-04

2009 NDJI-CRIMINAL K - 9.32

Breaking Into or Concealment Within a Vehicle

(Class C Felony)

A person who, knowing that [he] [she] is not licensed or privileged to do so, [forcibly enters a vehicle, vessel, or aircraft] [enters a vehicle, vessel, or aircraft, without the use of force, with the intent to commit a crime] [enters a vehicle, vessel, or aircraft lawfully, and with intent to commit a crime, conceals oneself in the vehicle, vessel, or aircraft], is guilty of breaking into or concealment within a vehicle.

ESSENTIAL ELEMENTS OF THE OFFENSE

The State's burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements:

1) On or about [month] [day] [year], in [County], North Dakota, the Defendant, ________________;

2) Knowing [he][she] was not licensed or privileged to do so;

3) [forcibly entered a [vehicle] [vessel] [aircraft]] [entered a [vehicle] [vessel] [aircraft], without the use of force, with the intent to commit a crime] [entered a [vehicle] [vessel] [aircraft] lawfully, and with intent to commit a crime, concealed [himself][herself] in a the [vehicle] [vessel] [aircraft].

DEFINITIONS

[Insert relevant definitions. NDCC 12.1-02-02]

* * * * *

NDCC 12.1-22-04

1985 NDJI-CRIMINAL K - 16.00

(2009 - reviewed with no changes)

Official Oppression

A person acting or purporting to act in an official capacity or taking advantage of such actual or purported capacity who, knowing that the conduct is illegal, willfully [subjects another to arrest, detention, search, seizure, mistreatment, dispossession, assessment, lien, or other infringement of personal or property rights] [denies or impedes another in the exercise or enjoyment of any right, privilege, power, or immunity] is guilty of Official Oppression.

ESSENTIAL ELEMENTS OF OFFENSE

The State's burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements:

1) On or about [month] [day] [year], in [County], North Dakota, the Defendant, _______________, while acting or purporting to act in an official capacity, and while taking advantage of such actual or purported capacity, and knowing that the conduct was illegal;

2) Willfully [subjected _______________, to arrest, detention, search, seizure, mistreatment, dispossession, assessment, lien, or other infringement of personal or property rights] [denied or impeded _______________ in the exercise of any right, privilege, power, or immunity] as follows:_______________.

DEFINITIONS

[Insert relevant definitions. NDCC 12.1-02-02]

* * * * *

NDCC 12.1-14-01

1985 NDJI-CRIMINAL K - 16.05

(2009 - reviewed with no changes)

Interference With Election

A person, whether or not acting under color of law, who by force or threat of force or by economic coercion, intentionally injures, intimidates, or interferes with another [because that person is or has been voting for any candidate for elective office, or qualifying or acting as a poll watcher or other election official, in any primary, special, or general election] [in order to prevent that person or any other person from voting for any candidate or issue or qualifying to vote, qualifying or campaigning as a candidate for elective office, or qualifying or acting as a poll watcher or other election official, in any primary, special, or general election] is guilty of Interference With Election.

ESSENTIAL ELEMENTS OF OFFENSE

The State's burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements:

1) On or about [month] [day] [year], in [County], North Dakota, the Defendant, _______________, whether or not acting under color of law, by force or threat of force, or by economic coercion;

2) Intentionally [injured, intimidated, or interfered with _______________ [because _______________ was or had been] [in order to prevent _______________ or any other person from] voting for any candidate or issue or qualifying to vote, qualifying or campaigning as a candidate for elective office, or qualifying or acting as a poll watcher or other election official, in any primary, special, or general election], as follows: _______________.

DEFINITIONS

[Insert relevant definitions. NDCC 12.1-02-02]

* * * * *

NDCC 12.1-14-02

1985 NDJI-CRIMINAL K - 16.10

(2009 - reviewed with no changes)

Safeguarding Election

A person who, in connection with any election, willfully [makes or induces any false voting registration] [offers, gives, or agrees to give a thing of pecuniary value to another as consideration for the recipient's voting or withholding a vote, or voting against or for any candidate or issue or for that conduct by another] [solicits, accepts, or agrees to accept a thing of pecuniary value as consideration for making or inducing any false voting registrations] [solicits, accepts, or agrees to accept a thing of pecuniary value as consideration for a vote or withholding a vote, or voting for or against any candidate or issue, or for that conduct by another] [obstructs or interferes with the lawful conduct of the election], is guilty of a violation of Safeguarding Election.

ESSENTIAL ELEMENTS OF OFFENSE

The State's burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements:

1) On or about [month] [day] [year], in [County], North Dakota, the Defendant, _______________, in connection with a certain election, to wit: _______________;

2) Willfully [made or induced any false voting registration] [offered, gave, or agreed to give a thing of pecuniary value to _______________ as consideration for the recipient's voting or withholding a vote or voting for or against any candidate or issue, or for that conduct by another] [solicited, accepted, or agreed to accept from _______________, a thing of pecuniary value, as consideration for making or inducing any false voting registrations] [solicited, accepted, or agreed to accept from _______________, a thing of pecuniary value, as consideration for voting or withholding a vote, or for voting for or against any candidate or issue, or for that conduct by another] [obstructed or interfered with the lawful conduct of the election] as follows:_______________.

DEFINITIONS

"Thing of pecuniary value" includes alcoholic beverages, by the drink or in any other container.

[Insert relevant definitions. NDCC 12.1-02-02]

* * * * *

NDCC 12.1-14-03

1985 NDJI-CRIMINAL K - 16.12

(2009 - reviewed with no changes)

Discrimination in Public Places

A person, whether or not acting under color of law, who by force, threat of force, or by economic coercion, intentionally injures, intimidates, or interferes with another because of sex, race, color, religion, or national origin [and because that person is or has been exercising or attempting to exercise the right to full and equal enjoyment of any facility open to the public] [in order to intimidate that person or any other person from exercising or attempting to exercise the full right and equal enjoyment of any facility open to the public], is guilty of Discrimination in Public Places.

ESSENTIAL ELEMENTS OF OFFENSE

The State's burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements:

1) On or about [month] [day] [year], in [County], North Dakota, the Defendant, _______________, whether or not acting under color of law, by force, threat of force, or by economic coercion;

2) Intentionally injured, intimidated, or interfered with another because of sex, race, color, religion, or national origin [and because _______________ was exercising or attempting to exercise the right to full and equal enjoyment of any facility open to the public] [in order to intimidate _______________ or any other person from exercising or attempting to exercise the right to full and equal enjoyment of any facility open to the public], as follows:_______________.

DEFINITIONS

[Insert relevant definitions. NDCC 12.1-02-02]

* * * * *

NDCC 12.1-14-04

1985 NDJI-CRIMINAL K - 16.15

(2009 - reviewed with no changes)

Preventing Exercise of Civil Rights

A person, whether or not acting under color of law, who by force, threat of force, or by economic coercion, intentionally [injures, intimidates, or interferes with another because that person is about to exercise civil rights or because that person has exercised civil rights] [intimidates or prevents another from aiding a third person to exercise that person's civil rights], is guilty of Preventing Exercise of Civil Rights.

ESSENTIAL ELEMENTS OF OFFENSE

The State's burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements:

1) On or about [month] [day] [year], in [County], North Dakota, the Defendant,_______________, whether or not acting under color of law, by force, threat of force, or by economic coercion;

2) Intentionally [injured, intimidated, or interfered, with _______________, because _______________ was exercising or was about to exercise civil rights, or because _______________ had exercised civil rights] [intimidated or prevented _______________, from aiding _______________, a third person, to exercise that person's civil rights], as follows:_______________.

DEFINITIONS

[Insert relevant definitions. NDCC 12.1-02-02]

* * * * *

NDCC 12.2-14-05

1985 NDJI-CRIMINAL K - 17.00

(2009 - reviewed with no changes; citation added)

Inciting Riot

(Five or More Persons)

A person who willfully [incites or urges five or more persons to create or engage in a riot] [gives commands, instructions, or directions to five or more persons in furtherance of a riot], is guilty of Inciting Riot.

ESSENTIAL ELEMENTS OF OFFENSE

The State's burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements:

(1) On or about [month] [day] [year], in [County], North Dakota, the Defendant, _______________;

2) Willfully [incited or urged five or more persons to create or engage in a riot] [commenced, instructed, or directed five or more persons in the furtherance of a riot].

DEFINITIONS

"Riot" means a public disturbance involving an assembly of five or more persons which by tumultuous and violent conduct creates grave danger of damage or injury to property or persons or substantially obstructs law enforcement or other government function.

[Insert other relevant definitions. NDCC 12.1-01-04, 12.1-02-02]

* * * * *

NDCC 12.1-25-01 (class A misdemeanor)

State v. Hidanovic, 2008 ND 66, 747 NW2d 463

NOTE: Under subsection 3 of NDCC 12.1-25-01, a conviction for attempting, soliciting, or conspiring to commit the offense of Inciting Riot require that the prohibited conduct entails a "substantial likelihood" that a violation of the section will occur. See NDCC 12.1-06-01, 12.1-06-02, 12.1-05-04.

1985 NDJI-CRIMINAL K - 17.01

(2009 - reviewed with no changes; citation added)

Inciting Riot

(One Hundred or More Persons)

A person who willfully gives commands, instructions, or directions to five or more persons in furtherance of a riot involving one hundred or more people is guilty of Inciting Riot.

ESSENTIAL ELEMENTS OF OFFENSE

The State's burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements:

(1) On or about [month] [day] [year], in [County], North Dakota, the Defendant, _______________;

2) Willfully commanded, instructed, or directed five or more persons in the furtherance of a riot involving one hundred or more people.

DEFINITIONS

"Riot" means a public disturbance involving an assemblage of five or more persons which by tumultuous and violent conduct creates grave danger of damage or injury to property or persons, or substantially obstructs law enforcement or other government function.

[Insert other relevant definitions. NDCC 12.1-01-04, 12.1-02-02]

* * * * *

NDCC 12.1-25-01 (class C felony)

State v. Hidanovic, 2008 ND 66, 747 NW2d 463

1985 NDJI-CRIMINAL K - 17.05

(2009 - reviewed with no changes)

Arming Rioters

A person who [knowingly supplies a firearm, dangerous weapon, or destructive device for use in a riot] [willfully teaches another person to prepare or use a firearm, dangerous weapon, or destructive devices with the intent that it be used in a riot] [is knowingly armed with a firearm, dangerous weapon, or destructive device while engaging in a riot], is guilty of Arming Rioters.

ESSENTIAL ELEMENTS OF OFFENSE

The State's burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements:

1) On or about [month] [day] [year], in [County], North Dakota, the Defendant, _______________;

2) [Knowingly supplied a firearm, dangerous weapon, or destructive device to _______________, for use in a riot] [willfully taught _______________ to prepare or use a firearm, dangerous weapon or destructive device with the intent that it be used in a riot] [While willfully engaged in a riot, was knowingly armed with a firearm, dangerous weapon, or destructive device].

DEFINITIONS

[Insert other relevant definitions. NDCC 12.1-01-04, 12.1-02-02, 62-01-01]

* * * * *

NDCC 12.1-25-02

1985 NDJI-CRIMINAL K - 17.10

(2009 - reviewed with no changes; citation added)

Engaging in a Riot

A person who willfully engages in a riot is guilty of Engaging in a Riot.

ESSENTIAL ELEMENTS OF OFFENSE

The State's burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements:

(1) On or about [month] [day] [year], in [County], North Dakota, the Defendant, _______________;

2) Willfully engaged in a riot, as follows: _______________.

DEFINITIONS

"Riot" means a public disturbance involving an assembly of five or more persons which by tumultuous and violent conduct creates grave danger of damage or injury to property or persons, or substantially obstructs law enforcement or other government function.

[Insert other relevant definitions. NDCC 12.1-01-04, 12.1-02-02]

* * * * *

NDCC 12.1-25-03

State v. Hidanovic, 2008 ND 66, 747 NW2d 463

NOTE: A conviction for attempting, soliciting, or conspiring to riot requires that there be a substantial likelihood that the conduct of the Defendant would result in a riot.

1985 NDJI-CRIMINAL K - 17.15

(2009 - reviewed with no changes)

Disobedience of Public Safety Order

A person who, during a riot, or when one is immediately impending, willfully disobeys a reasonable public safety order to move, disperse, or refrain from specified activities in the immediate vicinity of the riot, is guilty of Disobedience of Public Order.

ESSENTIAL ELEMENTS OF OFFENSE

The State's burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements:

1) On or about [month] [day] [year], in [County], North Dakota, the Defendant, _______________, willfully disobeyed a reasonable public safety order, namely _______________, given by _______________, the senior law enforcement official on the scene;

2) The public safety order was given during a riot or when a riot was immediately pending; and

3) The public safety order required the Defendant to move, disperse, or refrain from specified activities in the immediate vicinity of the riot.

DEFINITIONS

A "public safety order" is an order designed to prevent or control disorder, or promote the safety of persons or property, issued by the senior law enforcement official on the scene.

"Riot" means a public disturbance involving an assembly of five or more persons which by tumultuous and violent conduct creates grave danger of damage or injury to property or persons, or substantially obstructs law enforcement or other government function.

[Insert other relevant definitions. NDCC 12.1-01-04, 12.1-02-02]

* * * * *

NDCC 12.1-25-04

2009 NDJI-CRIMINAL K - 18.00

Forgery or Counterfeiting

(Class B Felony)

A person who, [with intent to deceive or harm the government or another person] [or] with knowledge that [he][she] is facilitating that deception or harm by another person], [knowingly and falsely makes, completes, or alters any writing] [or] [knowingly utters or possesses a forged or counterfeited writing] and [what [he][she] forged or counterfeited was an obligation or other security of the government] [or] [the forgery or counterfeit was done pursuant to a scheme to defraud another or others of money or property of a value in excess of ten thousand dollars] is guilty of Forgery or Counterfeiting.

ESSENTIAL ELEMENTS OF OFFENSE

The State's burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements:

1) On or about [month] [day] [year], in [County], North Dakota, the Defendant, _______________, [knowingly and falsely made, completed, or altered in writing] [or] [knowingly uttered or possessed a forged or counterfeited writing]; and

2) [The Defendant knowingly forged or counterfeited an obligation or other security of the government] [or] [this was done pursuant to a scheme to defraud ___________ or others of money or property of a value in excess of ten thousand dollars]; and

2) The Defendant [acted with intent to deceive or harm the government or another person] [or] [knowingly facilitated the deception or harm by another person].

DEFINITIONS

[Insert relevant definitions. NDCC 12.1-01-04, 12.1-02-02, 12.1-24-04]

* * * * *

NDCC 12.1-24-01(2)(a)

State v. Moos, 2008 ND 228, 758 NW2d 674 (multiple convictions and punishments are not permitted for the same conduct under theft by deception, forgery or counterfeiting, and deceptive writings statutes)

2009 NDJI-CRIMINAL K - 18.01

Forgery or Counterfeiting

(Class C Felony)

A person who, [with intent to deceive or harm the government or another person] [or] [with knowledge that [he][she] is facilitating that deception or harm by another person], [knowingly and falsely makes, completes, or alters any writing] [or] [knowingly utters or possesses a forged or counterfeited writing]:

[while a public servant or an officer or an employee of a financial institution, and the offense was committed under color of office or was made possible by that office];

[and the forgery or counterfeit is of foreign money or other legal tender, or utters or possesses any forged or counterfeited obligation or security of the government or foreign money or legal tender];

[and the forgery or counterfeit is of a writing from plates, dies, molds, photographs, or other similar instruments designed for multiple reproduction];

[and the forgery or counterfeit is of a writing that purports to have been made by the government]; or

[pursuant to a scheme to defraud another or others of money or property of a value in excess of one hundred dollars];

is guilty of Forgery or Counterfeiting.

ESSENTIAL ELEMENTS OF OFFENSE

The State's burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements:

1) On or about [month] [day] [year], in [County], North Dakota, the Defendant, _______________, [knowingly and falsely made, completed, or altered a writing] [or] [knowingly uttered or possessed a forged or counterfeited writing]; and

[2) The Defendant was acting as a public servant or an officer or an employee of a financial institution, and the offense was committed under color of office or was made possible by that office _______________;] [or]

[2) The Defendant forged or counterfeited foreign money or other legal tender, or uttered or possessed a certain forged or counterfeited obligation or security of the

2009 NDJI-CRIMINAL K - 18.01

government or foreign money or legal tender, namely,_______________;] [or]

[2) The Defendant forged or counterfeited a certain writing, namely, _______________, from plates, dies, molds, photographs or other similar instruments designed for multiple reproduction;] [or]

[2) The Defendant forged or counterfeited a certain writing, namely, _______________, that purports to have been made by the government;] [or]

[2) The forgery or counterfeit was done pursuant to a scheme to defraud another of money or property of a value in excess of one hundred dollars;] and

[3) The Defendant, _______________, [acted with intent to deceive or harm the government or another person] [or] [knowingly facilitated that deception or harm by another person].

DEFINITIONS

[Insert relevant definitions. NDCC 12.1-01-04, 12.1-02-02]

* * * * *

NDCC 12.1-24-01(2)(b)

2009 NDJI-CRIMINAL K - 18.05

Forgery or Counterfeiting

(Class A Misdemeanor)

A person who, [with intent to deceive or harm the government or another person] [or] [with knowledge that [he][she] is facilitating that deception or harm by another person], [knowingly and falsely makes, completes, or alters any writing] [or] [knowingly alters or possesses a forged or counterfeited writing] is guilty of Forgery or Counterfeiting.

ESSENTIAL ELEMENTS OF OFFENSE

The State's burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements:

1) On or about [month] [day] [year], in [County], North Dakota, the Defendant, _______________, [knowingly and falsely made, completed, or altered a writing, namely _______________] [or] [knowingly uttered or possessed a forged or counterfeited writing, namely _______________]; and

2) The Defendant [acted with intent to deceive or harm the government or another person] [or] [knowingly facilitated that deception or harm by another person].

DEFINITIONS

[Insert relevant definitions. NDCC 12.1-01-04, 12.1-02-02, 12.1-24-04]

* * * * *

NDCC 12.1-24-01(2)(c)

2009 NDJI-CRIMINAL K - 18.10

Facilitation of Counterfeiting

(Trafficking in Paraphernalia)

A person who, except as authorized by statute or by regulation, knowingly makes, executes, sells, buys, imports, possesses, or otherwise has within his control any plate, stone, paper, tool, die, mold or other implement or thing uniquely associated with or fitted for the preparation of any forged or counterfeited security or tax stamp, or any writing that purports to be made by this government or any foreign government, is guilty of Facilitation of Counterfeiting.

ESSENTIAL ELEMENTS OF OFFENSE

The State's burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements:

1) On or about [month] [day] [year], in [County], North Dakota, the Defendant, _______________, knowingly [made] [executed] [sold] [bought] [imported] [possessed] [or] [had within his control] a certain [plate] [stone] [paper] [tool] [die] [mold] [implement or thing] uniquely associated with or fitted for the preparation of [any forged or counterfeited security or tax stamp] [or] [any writing that purports to be made by [this government] [or] [a foreign government][.]] [; and]

[2) The Defendant was not authorized by statute or regulation to engage in the conduct described above].

[3) The [implement] [impression] relates to the forging or counterfeiting of any [security or tax stamp] [or] [a writing which purports to be made by this government or any foreign government].

DEFINITIONS

[Insert relevant definitions. NDCC 12.1-01-04, 12.1-02-02, 12.1-24-04]

* * * * *

NDCC 12.1-24-02(1)

NOTE: If there is sufficient evidence supporting a claim of authorization by statute or regulation, use bracketed element two. The bracketed language of element three should be used if a class B felony is charged. Otherwise, it is a class C felony.

2009 NDJI-CRIMINAL K - 18.15

Facilitation of Counterfeiting

(Copying)

A person who, except as authorized by statute or by regulation, knowingly photographs or otherwise makes a copy of [money or other obligation or security of this government or of any foreign government, or any part thereof] [or] [any plate, stone, tool, die, mold, tool or other implement or thing uniquely associated with or fitted for the preparation of any money or other obligation that purports to be made by this government or any foreign government], is guilty of Facilitation of Counterfeiting.

ESSENTIAL ELEMENTS OF OFFENSE

The State's burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements:

1) On or about [month] [day] [year], in [County], North Dakota, the Defendant,_______________, knowingly photographed or otherwise made a copy of [certain money or other obligation or security, namely, _______________, of [this] [_______________, a foreign] government, or any part thereof] or [any plate, stone, tool, die, mold, or other implement or thing, namely _______________, uniquely associated with or fitted for the preparation of any writing that purports to be made by [this government] [_______________, a foreign government] [.] [; and]

[2) The Defendant was not authorized by statute or regulation to engage in the conduct described above.]

[3) The [implement] [impression] relates to the forging or counterfeiting of any [obligation] [security] of a government.]

DEFINITIONS

[Insert relevant definitions. NDCC 12.1-01-04, 12.1-02-02, 12.1-24-04]

* * * * *

NDCC 12.1-24-02(2)(a)

2009 NDJI-CRIMINAL K - 18.20

Facilitation of Counterfeiting

(Trafficking in Counterfeit)

A person who, except as authorized by statute or by regulation, knowingly sells, buys, imports, possesses, or otherwise has within his control any photograph or copy of [money or other obligation or security of this government or of any foreign government] [any plate, stone, tool, die, mold, or other implement or thing uniquely associated with or fitted for the preparation of any money or other obligation that purports to be made by this government or any foreign government], is guilty of Facilitation of Counterfeiting.

ESSENTIAL ELEMENTS OF OFFENSE

The State's burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements:

1) On or about [month] [day] [year], in [County], North Dakota, the Defendant, _______________, knowingly [sold,] [bought,] [imported,] [possessed,] [or otherwise had within his control] [any photograph] [or] [copy of [money or obligation or security, namely _______________, [of this government] [or] [of _______________, a foreign government, or any part thereof] [or] [any photograph or copy of any [plate,] [stone,] [tool,] [die,] [mold,] [or other implement or thing,] uniquely associated with or fitted for the preparation of any writing that purports to be made by [this government] [or] [by_______________, a foreign government] [; and]

[2) The Defendant was not authorized by statute or regulation to engage in the conduct described above.]

[3) The [implement] [impression] relates to the forging or counterfeiting of an [obligation] [security] of a government.]

DEFINITIONS

[Insert relevant definitions. NDCC 12.1-01-04, 12.1-02-02, 12.1-24-04]

* * * * *

NDCC 12.1-24-02(2)(b)

2009 NDJI-CRIMINAL K - 18.25

Deceptive Writing

A person who, with intent to deceive or harm the government or another person [or with knowledge that he is facilitating such a deception or harm by another person,] knowingly issues a writing without authority to issue it, or knowingly utters or possesses a deceptive writing, is guilty of Deceptive Writing.

ESSENTIAL ELEMENTS OF OFFENSE

The State's burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements:

1) On or about [month] [day] [year], in [County], North Dakota, the Defendant, _______________, knowingly [issued a writing without authority to issue it] [or] [uttered or possessed a deceptive writing]; and

2) The Defendant [intended to deceive or harm the government or [_______________] [another person]] [knowingly facilitated a deception or harm by _______________] [.] [; and]

[3) The offense was committed pursuant to a scheme to defraud [_______________] [another person], [or others] of money or property of a value in excess of ten thousand dollars.]

[4) The Defendant was_______________, a public servant or an officer or employee of _______________,a financial institution, and the offense was committed under color of law or office or was made possible by that office] [.] [; or]

[5) The offense was committed pursuant to a scheme to defraud [_______________,] [another person] [or others] of money or property of a value in excess of one hundred dollars.]

DEFINITIONS

[Insert relevant definitions. NDCC 12.1-01-04, 12.1-02-02, 12.1-24-04]

* * * * *

NDCC 12.1-24-03

State v. Moos, 2008 ND 228, 758 NW2d 674 (multiple convictions and punishments are not permitted for the same conduct under theft by deception, forgery or counterfeiting and deceptive writing statutes)

2009 NDJI-CRIMINAL K - 18.25

NOTE: The bracketed language in element three should be used if a class B felony is charged. The bracketed language in elements four or five should be used if a class C felony is charged.

2009 NDJI-CRIMINAL K - 20.00

Disseminating Obscene Material

A person who willfully disseminates obscene material knowing that the material is obscene, or who produces, transports, or sends obscene material with intent that it be disseminated, is guilty of Disseminating Obscene Material.

ESSENTIAL ELEMENTS OF OFFENSE

The State's burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements:

(1) On or about [month] [day] [year], in [County], North Dakota, the Defendant, _______________;

2) Knowing that the material, namely ___________, is obscene;

3) Willfully [disseminated the obscene material] [or] [[produced] [transported] [sent] the obscene material with the intent that it be disseminated].

DEFINITIONS

[Insert relevant definitions. NDCC 12.1-02-02, 12.1-27.1-01]

* * * * *

NDCC 12.1-27.1-01(1)

2009 NDJI-CRIMINAL K - 20.20

Promoting Obscenity to Minors

Material or Performance Harmful to Minors

A person, who knowing of its character, recklessly promotes to a minor any [material] [performance] which is harmful to minors is guilty of Promoting Obscenity to Minors.

ESSENTIAL ELEMENTS OF OFFENSE

The State's burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements:

(1) On or about [month] [day] [year], in [County], North Dakota, the Defendant, _______________;

2) Knowing of its character;

3) Recklessly

4) Promoted to a minor

5) Any [material] [performance]

6) That is harmful to minors.

DEFINITIONS

"Promote" means to produce, direct, manufacture, issue, sell, lend, mail, publish, distribute, exhibit, or advertise.

"Harmful to minors" means that which qualifies of any description or representation, in whatever form of sexual conduct or sexual excitement, when the description or representation:

1) Considered as a whole, appeals to the prurient sexual interest of minors;

2) Is patently offensive to prevailing standards in the adult community in North Dakota as a whole with respect to what is suitable material for minors; and

3) Considered as a whole, lacks serious literary, artistic, political, or scientific value for minors.

"Sexual excitement" means the condition of human male or female genital when in a state of sexual stimulation or arousal.

[Insert other relevant definitions. See, e.g., NDCC 12.1-02-02(1)(b) (knowingly), 12.1-02-

2009 NDJI-CRIMINAL K - 20.20

02(1)(c)(recklessly), and 12.1-27.1-01(various obscenity definitions)]

* * * * *

NDCC 12.1-27.1-02, 12.1-27.1-03

2009 NDJI-CRIMINAL K - 20.22

Promoting Obscenity to Minors

Admitting Minor to Premises

A person, who knowing of its character willfully admits a minor to premises where a performance harmful to minors is exhibited or takes place is guilty of Promoting Obscenity to Minors.

ESSENTIAL ELEMENTS OF OFFENSE

The State's burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements:

(1) On or about [month] [day] [year], in [County], North Dakota, the Defendant, _______________;

2) Knowing of its character

3) Willfully

4) Admitted a minor

5) To certain premises, namely ,

6) Where a performance

7) Harmful to minors was exhibited or took place.

DEFINITIONS

See NDJI K-20.20

* * * * *

NDCC 12.1-27.1-02, 12.1-27.1-03

2009 NDJI-CRIMINAL K - 20.25

Promoting Obscenity to Minors

Permitting Participation in Performance

A person who willfully permits a minor to participate in a performance which is harmful to minors is guilty of Promoting Obscenity to Minors.

ESSENTIAL ELEMENTS OF OFFENSE

The State's burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements:

(1) On or about [month] [day] [year], in [County], North Dakota, the Defendant, _______________;

2) Willfully

3) Permitted a minor

4) To participate

5) In a performance

6) Which is harmful to minors.

DEFINITIONS

See NDJI K-20.20

* * * * *

NDCC 12.1-27.1-02, 12.1-27.1-03