JURY INSTRUCTION DRAFTS - October 2002
If you have questions or comments, please contact Lynn Kerbeshian at NDPJI@yahoo.com or call/fax 701-775-6220.
CIVIL
C - 2.05 Negligence
C - 2.60 Action for Damages by Spouse Against Spouse
C - 3.01 Additional Element of Offense - Nonexistence of Defense
C - 3.84 Passenger Not Responsible for Driver's Fault
C - 18.00 Loss of Consortium
C - 19.10 Insurer's Duty to Act in Good Faith
C - 24.10 Unlawful Interference With Business
C - 70.02 Damages (Liability Admitted)
C - 70.10 Adequate Compensation (Tort)
CRIMINAL
K - 6.03 Murder (While Committing Crime)
K - 7.01 Definitions for Sex Offenses
K - 7.10 Gross Sexual Imposition (Force or Threat)
K - 7.11 Gross Sexual Imposition (Impaired Power to Resist)
K - 7.12 Gross Sexual Imposition (Victim Unaware)
K - 7.13 Gross Sexual Imposition (Victim Less Than Fifteen-Years-Old)
K - 7.14 Gross Sexual Imposition (Mental Disease or Defect)
K - 7.15 Sexual Imposition
K - 7.20 Corruption or Solicitation of Minors
K - 7.21 Solicitation of Minor
K - 7.25 Affirmative Defense
K - 7.30 Continuous Sexual Abuse of a Child (reviewed with no changes)
K - 7.31 Sexual Abuse of Ward
K - 7.32 Sexual Assault (Offensive Conduct) (reviewed with no changes)
K - 7.33 Sexual Assault (Mental Disease or Defect) (reviewed with no changes)
K - 7.34 Sexual Assault (Impaired Power to Resist) (reviewed with no changes)
K - 7.35 Sexual Assault (Persons in Custody or Institutionalized) (reviewed with no changes)
K - 7.36 Sexual Assault (Minor 15 Years or Over)
K - 7.40 Fornication (reviewed with no changes)
K - 7.42 Adultery (reviewed with no changes)
K - 7.44 Unlawful Cohabitation (reviewed with no changes)
K - 7.50 Incest (reviewed with no changes)
K - 7.52 Deviate Sexual Act (reviewed with no changes)
K - 7.54 Indecent Exposure
K - 7.56 Bigamy (reviewed with no changes)
K - 7.60 Promoting Prostitution (Class C Felony)
K - 7.61 Promoting Prostitution (Class C Felony) (reviewed with no changes)
K - 7.62 Promoting Prostitution (Included Offense) (reviewed with no changes)
K - 7.63 Facilitating Prostitution (Class A Misdemeanor) (reviewed with no changes)
K - 7.64 Facilitating Prostitution (Intentional) (reviewed with no changes)
K - 7.65 Facilitating Prostitution (Included Offense) (reviewed with no changes)
K - 7.66 Prostitution (reviewed with no changes)
K - 7.70 Transfer of Body Fluid Containing Human Immunodeficiency Virus (reviewed with no changes)
K - 7.80 Sexual Exploitation by Therapist (reviewed with no changes)
K - 7.90 Registration Requirement (Sexual Offenders and Offenders Against Children) (reviewed with no changes)
2003 (DRAFT)
"Negligence" is the lack of ordinary care and diligence required by the circumstances. Ordinary care or diligence means such care as a person of ordinary prudence usually exercises about one's own affairs of ordinary importance.
Negligence involves a lack of such concern for the probable consequences of an act or failure to act as a person of ordinary prudence would have had in conducting one's own affairs. It is the lack of such care as persons of common sense and ordinary prudence usually exercise under the same or similar circumstances. Negligence is a relative term. Whether a certain act or failure to act is negligence depends upon the facts and circumstances of each particular case.
The duty to use care is based upon knowledge of danger. The care that a person must exercise in a particular situation is in proportion to the degree of danger of injury to oneself or to others in the act to be performed. The care necessary to constitute the ordinary care required by a person upon any particular occasion is measured by reference to the circumstances of danger known to one at the time or which the person should reasonably have foreseen. The greater the danger, the greater is the care required.
A person is presumed to have performed one's duty and to have exercised ordinary care, unless the contrary is shown by the greater weight of the evidence. The mere fact that a mishap occurred, considered alone, is not in itself evidence of negligence on the part of any of the people involved. You have no right to assume that the mishap was caused by negligence or other fault of anyone.
[If the standard of care required in any given situation is prescribed by the laws of this state, a failure to observe that standard is evidence of negligence.]
NDCC 1-01-14--17
Chicago, Milwaukee., St. Paul & Pac. R.R. Co. v. Johnston Fuel Liners, 122 NW2d 140 (ND 1973)
Saetz v. Braun, 116 NW2d 628 (ND 1962)
See also NDJI C - 2.10, Gross Negligence Defined
2003 (DRAFT)
A spouse [husband or wife] may maintain an action against the other spouse for damages arising from the fault of the other spouse, despite the fact that they are married to each other.
Fitzmaurice v. Fitzmaurice, 242 NW 526 (ND 1932)
2003 (DRAFT)
Evidence has been presented that the Defendant [state the defense]. The State must prove beyond a reasonable doubt, as an additional element of the offense charged, that the Defendant was not [state the defense]. The Defendant does not have the burden of proof as to this defense. If the State has failed to prove beyond a reasonable doubt that the Defendant did not [state the defense], the Defendant is entitled to a verdict of not guilty.
NDCC 12.1-01-03(1)--(2)
State v. Olander, 1998 ND 50, 575 NW2d 658
State v. Thiel, 411 NW2d 66 (ND 1987)
NOTE: This instruction does not apply to affirmative defenses. For affirmative defenses, see NDJI K - 4.00.
2003 (DRAFT)
A passenger is not responsible for the fault, if any, of a driver. [However, a passenger is not relieved from the consequences of the passenger's own fault, if any.]
Hurt v. Freeland, 1999 ND 12, 589 NW2d 551
Kunze v. Stang, 191 NW2d 526 (ND 1971)
Mertz v. Weibe, 180 NW2d 664 (ND 1970)
Kelmis v. Cardinal Petroleum Co., 156 NW2d 710 (ND 1968)
Jasper v. Freitag, 145 NW2d 879 (ND 1966)
Wilson v. Oscar H. Kjorlie Co., 12 NW2d 526 (ND 1944)
Bagan v. Bitterman, 259 NW 268 (ND 1935)
Billingsley v. McCormick Transfer Co., 228 NW 427 (ND 1929)
NOTE: The bracketed sentence should be added if comparative fault of a passenger is asserted.
2003 (DRAFT)
Loss of Consortium
When a [wife] [husband] [child] is injured [her husband] [his wife] [his/her parents] may also have a claim. The [husband's] [wife's] [parents'] claim for damages may include:
1. The loss of the [wife's] [husband's] [child's] services and companionship [he] [she] [the parents] would have received in the course of [married life] [childhood] up to the date of trial.
2. The value of [wife's] [husband's] [child's] services and companionship [he] [she] [the parents] [is] [are] reasonably certain to lose in the future [during childhood].
* * * * *
NDCC 14-02-01
Wald v. City of Grafton, 442 NW2d 910 (ND 1989)
Jacobs v. Anderson Bldg. Co., 430 NW2d 558 (ND 1988)
First Trust Co. v. Scheels Hardware, 429 NW2d 5 (ND 1988)
Hopkins v. McBane, 427 NW2d 85 (ND 1988)
Milde v. Leigh, 28 NW2d 530 (ND 1947), 173 ALR 738
Cf. Hastings v. James River Aerie No. 2337 - Fraternal Order of Eagles, 246 NW2d 747 (ND 1976)
2003 (DRAFT)
Insurer's Duty to Act in Good Faith
An insurer has a duty to act fairly and in good faith in its contractual relationship with its policyholders. This duty requires fair dealing [in paying claims] [in defending the insured against claims] [in negotiating settlements] [in fulfilling all other obligations] under the insurance contract. An insurer has failed to act in good faith, if it unreasonably failed to [compensate the insured, without proper cause, for a loss covered] [defend an insured, without proper cause, who is covered] [negotiate in good faith regarding settlement] [act reasonably in regards to other obligations] under the insurance contract.
* * * * *
Fetch v. Quam, 2001 ND 48, 623 NW2d 357
Seifert v. Farmers Union Mut. Ins. Co., 497 NW2d 694 (ND 1993)
Corwin Chrysler-Plymouth, Inc., v. Westchester Fire Ins. Co., 279 NW2d 638 (ND 1979)
2003 (DRAFT)
Unlawful Interference with Business
To prove a claim for unlawful interference with business, the Plaintiff must establish the following by the greater weight of the evidence:
1. The existence of a valid business relationship or expectancy;
2. Knowledge by the Defendant of the relationship or expectancy;
3. The Defendant interfered with the relationship or expectancy by [committing an independently tortious or otherwise unlawful act];
4. The interference was a proximate cause of the harm sustained; and
5. The Plaintiff was actually damaged.
* * * * *
Trade 'N Post v. World Duty Free, 2001 ND 116, 628 NW2d 707
NOTE: Substitute the alleged tortious or unlawful act in the brackets.
2003 (DRAFT)
The Defendant has admitted liability for the injuries proximately caused by the Defendant's fault. You need only decide what injuries were so caused and what damages the Plaintiff should recover for those injuries, uninfluenced by the Defendant's admission.
2003 (DRAFT)
Damages, if allowed, should be adequate to fairly compensate the Plaintiff for the detriment suffered. The measure of damages is the amount that will compensate for all detriment proximately caused by the fault, whether or not the damages could have been anticipated. Damages in all cases must be reasonable, but may not be greater than the amount proved.
NDCC 32-03-20, 32-03-33, 32-03-37--39
Barron v. N. Pac. Ry. Co., 113 NW 102 (ND 1907)
See NDJI C - 70.38, Measures of Damages (Wrongful Death); Henke v. Peyerl, 89 NW2d 1 (ND 1958); Umphrey v. Deery, 48 NW2d 897(ND 1951)
2003 (DRAFT) NDJI-CRIMINAL K - 6.03
Murder
(While Committing Crime)
A person is guilty of Murder if that person, acting either alone or with one or more persons, willfully commits or attempts to commit [Treason] [Robbery] [Burglary] [Kidnapping] [Felonious Restraint] [ Arson] [Gross Sexual Imposition] [Escape] [the felony offense of _______________ against a child], and in the course of and in furtherance of that crime or of immediate flight from it, the person or another participant willfully causes the death of any person.
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, _______________, caused the death of _______________, a human being; and
2) The Defendant, acting either alone or with one or more persons willfully committed or attempted to commit [Treason] [Robbery] [Burglary] [Kidnapping] [Felonious Restraint] [Arson] [Gross Sexual Imposition] [Escape] [the felony offense of _______________against a child], and in the course of and in furtherance of that crime or of immediate flight from it, the Defendant or another participant, willfully caused the death of _______________.
DEFINITIONS
[Insert relevant definitions. NDCC 12.1-02-02.]
* * * * *
NDCC 12.1-16-01(1)
NOTE: If the charge alleges a felony offense against a child, insert the applicable allegation from NDCC §§12.1-20-03, 12.1-27.2-02, 12.1-27.2-03, 12.1-27.2-04 or 14-09-22.
2003 (DRAFT) NDJI-CRIMINAL K - 7.01
Definitions for Sex Offenses
"Deviate sexual act" means any form of sexual contact with an animal, bird, or dead person.
"Object" means anything used in commission of a sexual act other than the person of the actor.
"Sexual act" means sexual contact between human beings consisting of contact between [the penis and the vulva] [the penis and the anus] [the mouth and the penis] [the mouth and the vulva] [the use of an object which comes in contact with the victim's anus, vulva, or penis] [,or] [any other portion of the human body and the penis, anus or vulva]. Sexual contact between [the penis and the vulva] [the penis and the anus] [an object and the anus, vulva, or penis of the victim] [,or] [any other portion of the human body and the penis, anus, or vulva] occurs upon penetration, however slight. Emission is not required.
"Sexual contact" means any touching whether or not through the clothing or other covering of the sexual or other intimate parts of the person for the purpose of arousing or satisfying sexual or aggressive desires.
* * * * *
2003 (DRAFT) NDJI-CRIMINAL K - 7.10
Gross Sexual Imposition
(Force or Threat)
A person who willfully [engages in a sexual act with another person] [causes another person to engage in a sexual act] is guilty of Gross Sexual Imposition if the actor compels another person to submit by force or by threat of imminent death, serious bodily injury, or kidnapping, to be inflicted on any human being.
ESSENTIAL ELEMENTS OF OFFENSE
The State's burden of proof is satisfied only 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 [engaged] [caused _______________ to engage] in a sexual act with _______________;
2) The Defendant did so by willfully compelling _______________ to submit by force or by threat of imminent death, serious bodily injury, or kidnapping, to be inflicted on _______________, a human being[.] [;and]
[3) [In the course of the offense, the Defendant inflicted serious bodily harm on_______________] [_______________was less than fifteen (15)-years-old].]
DEFINITIONS
[Insert relevant definitions. NDCC 12.1-01-04, 12.1-02-02, 12.1-20-02.]
* * * * *
NDCC 12.1-20-01(2), 12.1-20-03(1)(a)
NOTE: Paragraph 3 should be used if a class A felony is being charged; otherwise, the offense is a class B felony.
2003 (DRAFT) NDJI-CRIMINAL K - 7.11
Gross Sexual Imposition
(Impaired Power to Resist)
A person who willfully [engages in a sexual act with another person] [causes another person to engage in a sexual act] is guilty of Gross Sexual Imposition, if the actor, or someone with the actor's knowledge, has substantially impaired the other person's power to appraise or control the other person's conduct by administering or employing without the other person's knowledge, intoxicants, a controlled substance, or other means with the intent of preventing resistance.
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, _______________, willfully [engaged] [caused _______________ to engage] in a sexual act with _______________;
2) The [Defendant] [or] [someone with the Defendant's knowledge] did so by substantially impairing _______________'s power to appraise or control _______________'s conduct by administering or employing without _______________'s knowledge, [intoxicants, a controlled substance, or other means] with intent to prevent resistance[.] [; and]
[3) [In the course of the offense, the Defendant inflicted serious bodily harm on _______________] [_______________ was less than fifteen (15)-years-old] [the Defendant compelled _______________ to submit by force or by threat of imminent death, serious bodily injury, or kidnapping, to be inflicted upon _______________].]
DEFINITIONS
[Insert relevant definitions. NDCC 12.1-02-02 and NDJI K - 7.01.]
* * * * *
NDCC 12.1-20-01(2), 12.1-20-02, 12-20-03(1)(b)
NOTE: Paragraph 3 should be used if a class A felony is charged.
2003 (DRAFT) NDJI-CRIMINAL K - 7.12
Gross Sexual Imposition
(Victim Unaware)
A person who willfully [engages in a sexual act with another person] [causes another person to engage in a sexual act] is guilty of Gross Sexual Imposition, if the actor knows that the other person is unaware that a sexual act is being.
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 [engaged] [caused _______________ to engage] in a sexual act with _______________; and
2) The Defendant did so knowing that _______________ was unaware that a sexual act was being committed[.] [; and]
[3) [_______________was less than fifteen (15)-years-old] [in the course of the offense, the Defendant inflicted serious bodily harm on _____________] [the Defendant compelled _______________ to submit by force or by threat of imminent death, serious bodily injury, or kidnapping, to be inflicted upon _______________].]
DEFINITIONS
[Insert relevant definitions. NDCC 12.1-02-02, 12.1-20-02.]
* * * * *
NDCC 12.1-20-01, 12.1-20-03(1)(c)
NOTE: Use bracketed language of paragraph 3 if a class A felony is charged.
2003 (DRAFT) NDJI-CRIMINAL K - 7.13
Gross Sexual Imposition
(Victim Less Than Fifteen-Years-Old)
A person who willfully [engages in a sexual act with another person] [causes another person to engage in a sexual act] is guilty of Gross Sexual Imposition if the other person was less than fifteen (15)-years-old.
ESSENTIAL ELEMENTS OF OFFENSE
The State's burden of proof is satisfied only 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 [engaged] [caused _______________ to engage] in a sexual act with _______________; and
2) _______________was less than fifteen (15)-years-old.
DEFINITIONS
[Insert relevant definitions. NDCC 12.1-02-02, 12.1-20-02]
* * * * *
NDCC 12.1-20-01(2), 12.1-20-03(1)(d)
2003 (DRAFT) NDJI-CRIMINAL K - 7.14
Gross Sexual Imposition
(Mental Disease or Defect)
A person who willfully [engages in a sexual act with another person] [causes another person to engage in a sexual act] is guilty of Gross Sexual Imposition if the actor knows or has reasonable cause to believe that the other person suffers from a mental disease or defect that prevents understanding the nature of the conduct.
ESSENTIAL ELEMENTS OF OFFENSE
The State's burden of proof is satisfied only 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 [engaged] [caused _______________ to engage] in a sexual act with _______________; and
2) The Defendant then knew or had reasonable cause to believe that _______________ suffered from a mental disease or defect that prevented understanding the nature of the conduct[.] [; and]
[3) [In the course of the offense, the Defendant inflicted serious bodily harm on _______________] [_______________ was less than fifteen (15)-years-old] [the Defendant compelled _______________ to submit by force or by threat of imminent death, serious bodily injury, or kidnapping, to be inflicted upon _______________].]
DEFINITIONS
[Insert relevant definitions. NDCC 12.1-01-04, 12.1-02-02, 12.1-20-02.]
* * * * *
NDCC 12.1-20-01(2), 12.1-20-03(1)(e)
NOTE: Paragraph 3 should be used if a class A felony is charged.
2003 (DRAFT) NDJI-CRIMINAL K - 7.15
Sexual Imposition
A person who willfully [engages in a sexual act or sexual contact with another person] [causes another person to engage in a sexual act] [by compelling the other person to submit by any threat that would render a person of reasonable firmness incapable of resisting] [whether consensual or not, as part of an induction, initiation ceremony, pledge, hazing, or qualification to become a member or associate of any criminal street gang], is guilty of Sexual Imposition.
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 [engaged] [caused _______________ to engage] in a sexual act or sexual contact with _______________; and
2) In doing so, the Defendant willfully compelled ______________ to submit to a sexual act by a threat that would render a person of reasonable firmness incapable of resisting [whether consensual or not, as part of an induction, initiation ceremony, pledge, hazing, or qualification to become a member or associate of any criminal street gang].
DEFINITIONS
[Insert relevant definitions. NDCC 12.1-02-02, 12.1-20-02.]
* * * * *
NDCC 12.1-20-01(2), 12.1-20-04(1--2)
State v. Piper, 261 NW2d 651, 656 (ND 1977)
2003 (DRAFT) NDJI-CRIMINAL K - 7.20
Corruption or Solicitation of Minors
An adult who willfully [engages in][solicits with the intent to engage in][causes another to engage in] a sexual act with a minor is guilty of the crime of [corruption][solicitation] of a minor.
ESSENTIAL ELEMENTS OF OFFENSE
The State's burden of proof is satisfied only 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 [engaged][solicited with the intent to engage ][caused another to engage] in a sexual act with _______________;
2) _______________ was then a minor, fifteen (15) years of age or older; and
3) On or about [month] [date] [year], the Defendant was at least 22 years of age or older.
DEFINITIONS
[Insert relevant definitions. NDCC 12.1-02-02, 12.1-20-02.]
* * * * *
NDCC 12.1-20-01, 12.1-20-05
See NDJI K - 7.25, Affirmative Defense
NOTE: Use paragraph 3 if a C Felony is charged.
2003 (DRAFT) NDJI-CRIMINAL K - 7.21
Solicitation of Minor
2003 (DRAFT) NDJI-CRIMINAL K - 7.25
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
2003 (DRAFT) NDJI-CRIMINAL K - 7.31
Sexual Abuse of Ward
A person who willfully [engages in a sexual act with another person] [causes another person to engage in a sexual act] is guilty of the crime of Sexual Abuse of Ward if the other person is in official custody or detained in a hospital, prison, or other institution, and the actor has supervisory or disciplinary authority over the other person.
ESSENTIAL ELEMENTS OF OFFENSE
The State's Burden of proof is satisfied only 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 [engaged in a sexual act with _______________] [caused _______________ to engage in a sexual act];
2) _______________was then in official custody or detained in a hospital, prison, or other institution; and
3) The Defendant then had supervisory or disciplinary authority over _______________.
DEFINITIONS
[Insert relevant definitions. NDCC 12.1-02-02, 12.1-20-02.]
* * * * *
NDCC 12.1-20-01(2), 12.1-20-06
2003 (DRAFT) NDJI-CRIMINAL K - 7.36
Sexual Assault
(Minor Fifteen (15) Years or Over)
A person who knowingly [has sexual contact with another] [causes another to have sexual contact with that person] is guilty of Sexual Assault if the other person is a minor, fifteen (15) years of age or older, and the person is [the minor's parent, guardian, or is otherwise responsible for general supervision of the minor's welfare] [an adult].
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, _______________, knowingly [had sexual contact with_______________] [caused _______________ to have sexual contact with the Defendant];
2) _______________ was a minor, fifteen (15) years of age or older; and
[3) The Defendant was then [_______________'s parent, guardian, or was otherwise responsible for general supervision of _______________'s welfare][an adult];and]
[4) On or about [month ][date] [year] the Defendant was at least 22 years of age or older.]
DEFINITIONS
[Insert relevant definitions. NDCC 12.1-02-02, 12.1-20-02.]
* * * * *
NDCC 12.1-20-01, 12.1-20-07(1)(e)
NOTE: See NDJI K - 7.25 for an Affirmative Defense instruction to be used when there is evidence that the Defendant reasonably believed the victim to be an adult. Use paragraph 4 if the charge is a class C felony based upon the Defendant's age under NDCC 12.1-20-07(2).
2003 (DRAFT) NDJI-CRIMINAL K - 7.54
Indecent Exposure
A person who, with the intent to arouse, appeal to, or gratify the person's lust, passions, or sexual desires [knowingly exposes one's [penis] [vulva] or [anus] in a public place] [willfully masturbates in a public place] is guilty of Indecent Exposure.
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;
2) The Defendant, _______________, with the intent to arouse, appeal to, or gratify the person's lust, passions, or sexual desires [knowingly exposed his/her [penis] [vulva] [anus] [willfully masturbated in a public place].
DEFINITIONS
[Insert relevant definitions. NDCC 12.1-02-02.]
* * * * *
2003 (DRAFT) NDJI-CRIMINAL K - 7.60
Promoting Prostitution
(Class C Felony)
A person who [willfully induces or otherwise intentionally causes another to become engaged in sexual activities as a business] [or] [knowingly procures a prostitute for prostitution business or a house of prostitution] is guilty of Promoting Prostitution.
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;
2) The Defendant, _______________, [willfully induced or otherwise intentionally caused _______________, to become engaged in sexual activity as a business] [knowingly procured _______________, a prostitute, for a prostitution business or a house of prostitution].
[3) The Defendant owns, controls, manages, or otherwise supervises the prostitution business or a house of prostitution.]
DEFINITIONS
[Insert relevant definitions. NDCC 12.1-02-02, 12.1-29-05.]
* * * * *
NDCC 12.1-29-01(1)(b)--(c); 12.1-29-01(2) (class C felony)
NOTE: Use paragraph 3 if a class C felony is charged.