JURY INSTRUCTION DRAFTS - October 2003
If you have questions or comments, please contact please contact Lynn Kerbeshian at lynnak@gra.midco.net or pjic@gra.midco.netor or call/fax 701-775-7384.
CIVIL
C - 2.01, Responsibility for Conduct
C - 2.20, Measure of Duty to Minor to Exercise Care
C - 2.25, Voluntary Intoxication (rev'd with no change)
C - 2.60; Action for Damages by Spouse Against Spouse
C - 3.03, Operation of a Motor Vehicle (Impaired Driver)
C - 3.05, Under the Influence (Driver of Motor Vehicle
C - 24.00, Intention Interference with Contract (Elements)
C - 40.01, Omitted Spouse
C - 40.05, Intent of Testator
C - 40.30, Previous Proceedings
C - 40.35, Alternative Findings (Invalidity of Will) (Illustration)
C - 50.26, Waiver (rev'd with no changes)
C - 52.20, Duty of Carrier (Passengers)
C - 52.25, Duty of Carrier (Property)
C - 52.30, Loss Due to Direct Action of Wind or Hail (deleted)
C - 52.40, Claim Under Non-owned Automobile Provision of Insurance Policy
C - 70.06, Burden of Proving Damages
C - 70.24, Injury Aggravated by Defendant's Wrongdoing
C - 70.30, Workmen's Compensation Benefits
C - 70.40, Special Items of Detriment (Wrongful Death) (deleted)
C - 70.54, Measure of Damages (Wrongful Detention) (rev'd with no changes)
C - 70.56, Damages for Conversion of Personalty
C - 70.58, Reasonable Value or Fair Market Value (rev'd with no changes)
C - 70.60, When Peculiar Value to Person Deemed Value
C - 74.02, Value of Property to Seller
C - 74.04, Value of Property to [Buyer] [Owner]
C - 74.12, Value of Attorney's Services
CRIMINAL
K - 13.20, Aiding Consummation of Crime
K - 14.20, Permitting Escape
K - 14.25, Inciting Riot or Leading Riot in Detention Facility
K - 14.26, Providing Contraband Useful for Escape
K - 14.27, Possessing Contraband Useful for Escape
K - 15.05, Nondisclosure of Retainer in Criminal Matter (rev'd with no changes)
K - 15.20, False Statements (Governmental Matter) (Class A Misdemeanor)
K - 15.25, False Information and Statements (Materiality) (deleted)
K - 15.40, Unlawful Compensation for Assistance in Government Matters (Public
Servant
Soliciting or Accepting Thing of Value) (rev'd with no changes)
K - 15.42, Unlawful Compensation for Assistance in Government Matters
(Offering or Giving
Thing of Value to Public Servants)
K - 15.55, Threatening Harm to Public Servant
K - 15.56, Threatening Public Servants
K - 15.60, Sports Bribery (Offering or Conferring a Bribe)
K - 15.70, Sports Bribery (Soliciting or Accepting Bribe)
K - 15.71, Commercial Bribery (Conferring Bribe Upon [Employee, Agent] [Fiduciary])
K - 15.72, Commercial Bribery (Acceptance of Bribe by [Employee, Agent] [Fiduciary]
K - 18.50, Computer fraud
K - 18.52, Computer Crime
K - 21.60, Leaving the Scene of an Accident.
CIVIL DRAFTS
C - 2.01 Responsibility for Conduct
Everyone owes a duty to refrain from injuring the person or property of another or infringing upon any rights of another.
C - 2.20 Measure of Duty of Minor to Exercise Care
The duty to exercise ordinary care imposed upon a minor child is properly measured by what an individual of ordinary prudence of the child's age, capacity, intelligence, and experience would have done under the same or similar circumstances. Negligence, as applied to a minor child, is the doing of that which an individual of ordinary prudence of the age, capacity, intelligence, and experience of the child would not have done under the same or similar circumstances, or the failure to do that which such an individual would have done under the same circumstances.
Kirchoffner v. Quam, 264 NW2d 203 (ND 1978)
Dimond v. Kling, 221 NW2d 86 (ND 1974)
Rau v. Kirschenman, 208 NW2d 1 (ND 1973)
Sheets v. Pendergrast 106 NW2d 1 (ND 1960)
Moe v. Kettwig, 68 NW2d 853 (ND 1955)
McCullagh v. Fortune, 38 NW2d 771 (ND 1949)
NOTE: Some states hold that this rule does not apply to the minor driver of a motor vehicle, but North Dakota has rejected this view. Rau v. Kirschenman, 208 NW2d 1 (ND 1973)
C - 2.25 Voluntary Intoxication
While voluntary intoxication does not excuse [negligence] [or] [willful misconduct], it is not in itself [negligence] [or] [willful misconduct]. However, voluntary intoxication is a circumstance that may tend to prove [negligence] [or] [willful misconduct], which you may consider along with other evidence bearing on the issue of [negligence] [or] [willful misconduct].
[A condition or state of voluntary intoxication, if shown by evidence to have existed in the Defendant at the time of the alleged wrongful conduct, is not of itself a defense. But, whenever the actual existence of any particular purpose, motive, or intent is a necessary element of a Claim, you may take into consideration the fact that the Defendant was intoxicated at the time, in determining the purpose, motive, or intent with which the Defendant acted.
Thus, in this case, [the specific intent to _______________ ] is a necessary element of the Claim. Accordingly, you must inquire into the state of mind under which the Defendant acted. In doing so, you may consider the fact, if you so find, that the Defendant was intoxicated at the time of the alleged wrongful conduct. The weight to be given the evidence on that question and the significance to attach to it, in relation to all of the other evidence, are for you to determine.]
NDCC 12.1-04-02
Froh v. Hein, 39 NW2d 11 (ND 1949)
Cf. NDJI K - 3.10, Effect of Voluntary Intoxication
NOTE: This instruction may be used whenever the evidence supports an allegation that the negligence or other wrongdoing of a party was pre-induced or aggravated by the consumption of intoxicating liquor.
C - 2.60 Action for Damages by Spouse Against Spouse
A spouse may maintain an action against the other spouse for damages arising from the fault of the other spouse, even though they are married to each other.
RLI Ins. Co. v. Heling, 520 NW2d 849 (ND 1994)
Mager v. Mager, 197 NW2d 626 (ND 1972)
Nuelle v. v. Wells, 154 NW2d 364 (ND 1967)
Fitzmaurice v. Fitzmaurice, 242 NW 526 (ND 1932)
C - 3.03 Operation of a Motor Vehicle (Impaired Driver)
A person may not [drive] [or] [be in actual physical control of] any vehicle [upon a highway] [or] [upon private or public areas to which the public has a right of access for vehicular use] if that person:
[has an alcohol concentration of at least eight hundredths of one percent (.08%) by weight at the time of the performance of a chemical test within two (2) hours after driving or being in actual physical control of the vehicle.]
[is under the influence of intoxicating liquor.]
[is under the influence of any drug or substance or combination of drugs or substances to a degree which renders the person incapable of driving safely.]
[is under the combined influence of alcohol and any other drugs or substances to a degree which renders the person incapable of driving safely.]
C - 3.05 Under the Influence of Intoxicant (Driver of Motor Vehicle)
The phrase "under the influence of" [a narcotic drug] [intoxicating liquor] [and] [a controlled substance] is a flexible term. The mere fact that the driver of a motor vehicle may have consumed [a narcotic drug] [intoxicating liquor] [and] [a controlled substance] does not necessarily render the driver "under the influence of" that substance. The circumstances and effect must be considered. On the other hand, the driver of a motor vehicle need not be intoxicated or in a state of drunkenness to be "under the influence of" the substance. This expression covers not only all of the well known and easily recognized conditions and degrees of intoxication, but also any abnormal mental or physical condition that is the result of indulging to any degree in [a narcotic drug] [intoxicating liquor] [and] [a controlled substance] and which tends to deprive a driver of that clearness of intellect or self-control that would otherwise be present. Accordingly, if an intoxicating substance has affected the nervous system, brain, or muscles of a driver of a motor vehicle to a degree that renders the person incapable of safe driving, the term "under the influence of" the substance applies. Whether a person was "under the influence of" an intoxicating substance is a question of fact for you to determine.
NDCC 19-03.1-01; 39-01-01, 39-08-01
Jore v. Saturday Night Club, Inc., 227 NW2d 889 (ND 1975)
State v. Glavkee, 138 NW2d 663 (ND 1965)
See also NDJI K - 21.12, Under the Influence of Intoxicating Liquor
C - 24.00 Intentional Interference With Contract
To establish a claim for intentional interference with contract, [the plaintiff] must prove by the greater weight of the evidence:
1) a valid contract existed;
2) the contract was breached;
3) [the defendant] intentionally instigated the breach, or acted with knowledge that the breach would result, and
4) there was no justification for [the defendant's] act.
An act that interferes with a contact is justified if it is done with a legitimate business purpose and no improper means are used.
An act that interferes with a contract is not justified if its indirect purpose is to injure [the plaintiff] or benefit [the defendant] at [the plaintiff's] expense.
N. Plains Alliance v. Mitzel, 2003 ND 91 ¶9, 663 N.W.2d 169
Hilton v. N.D. Educ. Ass'n. 2002 ND 209 ¶24, 655 N.W.2d 60
Peterson v. Zerr, 477 N.W.2d 230, 234 (N.D. 1991)
Hennum v. City of Medina, 402 N.W.2d 327, 336-37 (N.D. 1987)
Bismarck Realty Co. v. Folden, 354 N.W.2d 636, 642 (N.D. 1984)
NOTE: Interference with business relations is a different claim different from interference with contract. Trade 'N Post v. World Duty Free Americas, 2001 ND 116, ¶43, 628 N.W.2d 707. See C - 24.10, Unlawful Interference With Business.
C - 40.01 Omitted Spouse
If [the testator] fails to provide by will for a surviving spouse, who married [the testator] after the execution of the will, the omitted spouse shall receive the same share of the estate that would have been received if [the testator] left no will unless
1) it appears from the will or other evidence that the will was made in contemplation of [the testator's] marriage to the surviving spouse;
2) the will expresses the intention that it is to be effective notwithstanding any subsequent remarriage; or
3) [the testator] provided for the spouse by transfer outside the will, and the intent that the transfer be instead of a testamentary provision is shown by statements of [the testator] or from the amount of the transfer or other evidence.
[In this case, there is nothing in [the testator's] will that indicates that the omission of _______________, the surviving spouse, was intentional. [Petitioners] contend that _______________, the surviving spouse, does not qualify for an intestate share under the foregoing provision of the law because [the testator] provided for [the spouse] by transfers of property outside the will and with the intent that the transfers be in lieu of a testamentary provision as shown, not by statements of [the testator], but from the amount of the transfers or other evidence. This contention of [the petitioner] is refuted by _______________, the surviving spouse, thus presenting the issue of [the testator's] intent for your determination.
NDCC 30.1-06-01, 30.1-09-03
In re of Estate of Knudsen, 342 NW2d 387 (ND 1984)
In re of Estate of Knudsen, 322 NW2d 454 (ND 1982)
C - 40.30 Previous Proceedings
As you have heard from the testimony of the witnesses, there have been previous proceedings regarding this will. The will was admitted to probate. This is the first and only opportunity any of the parties have had to have a Jury decide the validity of the will. You must disregard completely all previous proceedings. Your verdict must be based only on the evidence presented to you in this trial.
C - 40.35 Findings - Validity of Will (Undue Influence)
If you find that the will executed by [the testator], on [month] [day] [year], was the result of undue influence exerted by [the petitioner], then you must return a verdict in favor of [the respondent], declaring the invalidity of that will.
However, if you find that the will executed by [the testator], on [month] [day] [year], was not the result of undue influence exerted by [the petitioner], then you must return a verdict in favor of [the petitioner], upholding the validity of that will.
C - 50.26 Waiver
"Waiver" is the voluntary and intentional relinquishment or abandonment of a known, existing right, advantage, benefit, claim, or privilege, which, except for the waiver, the party would have enjoyed. The voluntary and intentional relinquishment or abandonment may be shown by express language, by agreement, or by acts or conduct from which the intention to waive may be inferred. Those acts or that conduct may involve neglect or failure to act, when affirmative action is required, that lead the other party reasonably to believe that it was the party's intention so to waive.
Sjoberg v. State Auto. Ins. Ass'n., 48 NW2d 452 (ND 1951)
C - 52.20 Duty of Carrier (Passengers)
A carrier of passengers for hire must use the utmost care and diligence for the safe transportation of passengers. Although a carrier is not required to guarantee the safety of its passengers, it is required to exercise a high degree of care and skill to secure their safe transportation.
The phrase "utmost care and diligence" means the highest degree of care reasonably to be expected from human diligence and foresight for the passengers' safety.
NDCC 8-02-02
Kuntz v. Stelmachuk, 136 NW2d 810 (ND 1965)
Finlayson v. Yellow Cab Co., 217 NW 662 (ND 1928)
C - 52.25 Duty of Carrier (Property)
A carrier of property for hire must use at least ordinary care and diligence in the performance of the carrier's duties. However, the carrier is not required to guarantee the safe transportation of the property.
NDCC 8-03-02
Saetz v. Braun, 116 NW2d 628 (ND 1962)
C - 52.30 Loss Due to Direct Action of Wind or Hail
C - 52.40 Claim Under Non-owned Automobile Provision of Insurance Policy
The automobile involved in this litigation was neither owned by the named insured nor described in the insurance policy. [The plaintiff] claims that the automobile involved in this litigation was furnished to the named insured and relatives of the named insured for an irregular, infrequent, or casual use, and was thus covered by the policy. The insurance carrier, [the defendant], claims that the automobile involved in this litigation was "furnished or available for the frequent or regular use of the named insured or any relative" of the named insured and was thus excluded from coverage under the insurance policy.
An automobile is not "furnished or available for frequent or regular use" within the exclusionary provisions of an automobile liability insurance policy unless at the time of the mishap giving rise to the claim, the automobile was being used by a person for whom it had been furnished, or to whom it had been made available, for a purpose for which it was frequently or regularly used.
A person who claims coverage under a "non-owned automobile" provision of a liability insurance policy has the burden of proving at the time of the mishap, the automobile involved was not one that was "furnished or available for the regular or frequent use of the named insured or any relative."
Kunze v. State Farm Auto. Ins. Co., 197 NW2d 685 (ND 1972)
C - 70.06 Burden of Proving Damages
Even though the [liability] [fault] of [the defendant] [a party] may have been established, you cannot assess damages unless the [plaintiff] [party] has satisfied the burden of proof with respect to the damages, if any. The burden rests upon the [plaintiff] [party] to prove the elements of the damages, if any, by the greater weight of the evidence. [If a breach of duty has caused no appreciable detriment to the party affected, only nominal damages may be recovered.]
C - 70.24 Aggravation of Pre-existing Condition
If a person is not in good health or in good physical condition when injured by the fault of another and the injured person's pre-existing condition is aggravated by the fault, damages may be awarded for the aggravation of the pre-existing condition.
Moser v. Wilhelm, 300 NW2d 840 (ND 1980)
Kuntz v. Stelmachuk, 136 NW2d 810 (ND1965)
C - 70.30 Workers' Compensation Benefits
The receipt of workers' compensation benefits should not be considered by you in determining the amount of damages to be recovered, if any. [This lawsuit was brought in [the plaintiff's] behalf and as Trustee in behalf of the State of North Dakota workers' compensation agency to recover compensation for the damages [the plaintiff] sustained, if any. If [the plaintiff] recovers any money damages, the State of North Dakota workers' compensation agency is entitled to 50% of those damages up to the full amount that [the plaintiff] received in workers' compensation benefits.]
NDCC 65-01-09
Breitwieser v. State, 62 NW2d 900 (ND 1954)
NOTE: The bracketed sentence, or one substantially similar, may be used only if requested by the Claimant. See also Sollin v. Wangler, 627 NW2d 159 (ND 2001) (disclosure to jury of impact of verdict).
C - 70.40 Special Items of Detriment (Wrongful Death)
C - 70.54 Measure of Damages (Wrongful Detention)
A person recovering property wrongfully detained from the possession of the person or an amount that will compensate the person for its actual loss, may also recover as damages the value of its use during the period of detention if it has a usable value and is not held for sale or consumption. The measure is the reasonable value of the use to [the plaintiff] and not the value of the use to which [the defendant] put the property while it was in [the defendant's] possession. [The plaintiff] must present competent evidence as to the damages before they may be allowed.
Gunsch v. Gunsch, 73 NW2d 345 (ND 1955)
Tooz v. Tooz, 39 NW2d 257, 259 (ND 1949)
Northrup v. Cross, 51 NW 718 (ND 1892)
C - 70.56 Damages for Conversion of Personalty
The detriment caused by the wrongful conversion of personal property is presumed to be:
1) the value of the property at the time of the conversion, with the interest from that time; or
2) if the action has been prosecuted with reasonable diligence, the highest market value of the property at any time between the conversion and the verdict, without interest, at the option of the injured party; and
3) a fair compensation for the time and money properly expended in pursuit of the property.
NDCC 32-03-23
NOTE: If the converted personal property has a unique value to its owner, consider using NDJI C - 70.60, When Peculiar Value to Person Deemed Value, also.
C - 70.58 Reasonable Value or Fair Market Value
The "reasonable value" or "fair market value" of personal property, at any given time, is the amount that a willing buyer would pay and a willing seller would accept, neither being obligated or compelled to buy or sell. In determining the reasonable value or fair market value of personal property at any given time, the price agreed to be paid by the buyer of goods [under a conditional sales contract] is no criterion with regard to its reasonable value or fair market value at some later time when the property is in used or secondhand condition. Similarly, the amount realized by the sale of the goods by a forced sale, such as a sheriff's sale, is no criterion as to its reasonable value or fair market value.
Smith v. Riedinger, 95 NW2d 65 (ND 1957)
Little v. Burleigh County, 82 NW2d 603 (ND 1957)
NOTE: The owner of property is competent to testify as to its value. In Re Heart River Irrigation Dist., 49 NW2d 217 (ND 1951); but see Jim's Hot Shot Serv. Inc. v. Continental W. Ins. Co., 353 NW2d 279 (ND 1984).
C - 70.60 When Peculiar Value to Person Deemed Value
If property has a peculiar value to a person recovering damages for being wrongfully deprived of it or for wrongful injury to it, that value may be taken to be its value against one who knew its peculiar value before incurring the liability for damages or against a willful wrongdoer.
C - 74.02 Value of Property to Seller
In determining damages for the breach of an obligation to purchase property, the value of the property to the seller is the price the seller could have obtained in the market nearest the place where the buyer should have accepted the property and at such time after the breach of the contract as would have enabled a seller with reasonable diligence to resell the property.
NDCC 32-03-31
Minneapolis Threshing Mach. Co. v. McDonald, 87 NW 993 (ND 1901)
Stanford v. McGill, 72 NW 938 (ND 1897)
C - 74.04 Value of Property to [Buyer] [Owner]
In determining damages for breach of an obligation to deliver property, [except when the property has a peculiar value to the person recovering damages for [its depreciation,] [its injury,]] the value of the property to the [buyer] [owner] deprived of its possession is the price at which the [buyer] [owner] could have bought equivalent property in the market nearest the place where the property ought to have been delivered and at such time after the breach of the obligation as would have enabled one with reasonable diligence to make such a purchase.
NDCC 32-03-32
Pickert v. Rugg, 46 NW 446 (ND 1890)
NOTE: The bracketed clause should be used if NDJI C - 70.60, When Peculiar Value to Person Deemed Value, is given.
C - 74.12 Value of Attorney's Services
In determining the reasonable value of attorney's fees to be allowed as damages you may consider, among other things, the amount and character of the services rendered; the labor, time, and difficulties involved; the nature and importance of the litigation or business in which the services were rendered; the responsibility imposed; the amount of money or the value of the property affected by the controversy or involved in the services rendered; the skill and experience called for in the performance of the services; the professional standing and reputation of the attorney; and the results obtained.
United Dev. Corp. v. Highway Dept., 133 NW2d 439 (ND 1965)
CRIMINAL DRAFTS
K - 13.20 Aiding Consummation of Crime
A person who intentionally aids another to secrete, disguise, or convert the proceeds of a crime, or otherwise profit from a crime, is guilty of Aiding Consummation of Crime.
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) Intentionally aided another person, namely, _______________, to [secrete] [disguise] [convert] the proceeds of a crime or otherwise profit from a crime.
DEFINITIONS
[Insert relevant definitions. NDCC 12.1-02-02.]
K - 14.20 Permitting Escape
A public servant concerned in official detention who [recklessly] [negligently] permits a
person in official detention pursuant to process issued by a [Court] [Judge] [Magistrate] to
escape, is guilty of a public servant permitting escape.
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,
_______________, was a public servant concerned in the official detention of
_______________ pursuant to certain process, _______________, issued by a [Court]
[Judge] [Magistrate]; and
2) While so concerned, the Defendant, _______________, [recklessly] [negligently]
permitted the escape of _______________.
DEFINITIONS
See 12.1-08-06. [Insert other relevant definitions. NDCC 12.1-01-04, 12.1-02-02.]
NDCC 12.1-08-07
NOTE: See NDCC 12.1-08-06 for defenses permitted. See K - 14.15, Official Detention (Definitions).
K - 14.25 Inciting or Leading Riot in Detention Facility
A person who, with intent to cause, continue, or enlarge a riot, [solicits a group of five or more persons to engage in] [engages in conduct intended to serve as the beginning of or signal for] [participates in planning] [issues commands or instructions in the course of and in furtherance of] a riot in a facility used for official detention, is guilty of Inciting Riot in Detention Facility.
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, _______________, [solicited a group of five of more persons to engage in] [engaged in conduct intended to serve as the beginning or signal for] [participated in planning] [issued commands or instructions in the course of and in furtherance of] a riot in __________________, a facility used for official detention and situated in [County], North Dakota; and
2) The Defendant, _______________, then and there acted with intent to [cause] [continue] [enlarge] the riot.
DEFINITIONS
See 12.1-08-06. [Insert other relevant definitions. NDCC 12.1-01-04, 12.1-02-02.]
"Riot" means a disturbance involving an assembly of five or more persons which by tumultuous and violent conduct, creates grave danger or damage or injury to property or persons or substantially obstructs the operation of the facility or other governmental function.
"Official detention" means arrest, custody following surrender in lieu of arrest, detention in any facility for custody of persons under charge or conviction of an offense or alleged or found to be delinquent, detention under a law authorizing civil commitment in lieu of criminal proceedings or authorizing detention while criminal proceedings are held in abeyance, detention for extradition, or custody for purposes incident to the foregoing, including transportation, medical diagnosis or treatment, court appearances, work, and recreation. [The term does not include supervision on probation or parole or constraint incidental to release.]
K - 14.26 Unlawfully Providing Contraband Useful for Escape
A person who willfully and unlawfully provides an inmate of an official detention facility with any tool, weapon, or other object that may be useful for escape is guilty of Unlawfully Providing Contraband Useful for Escape.
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, _______________ was an
inmate of _______________, an official detention facility situated in [County], North Dakota;
2) At that time and place, the Defendant, _______________, provided an inmate with a
certain tool, weapon, or other object, namely, _______________;
3) The tool, weapon, or other object was one that may have been useful to effect escape;
and
[4) The object is a firearm, destructive device, or other dangerous weapon;]
[5)] In providing the inmate with the tool, weapon, or other object, the Defendant
_______________, acted willfully and unlawfully.
DEFINITIONS
"Unlawfully" means surreptitiously or contrary to a statute, regulation, rule, or order
issued.
"Official detention" means arrest, custody following surrender in lieu of arrest, detention in
any facility for custody of person under charge or conviction of an offense or alleged or
found to be delinquent, detention under a law authorizing civil commitment in lieu of
criminal proceedings or authorizing detention while criminal proceedings are held in
abeyance, detention for extradition, or custody for purposes incident to the foregoing,
including transportation, medical diagnosis or treatment, court appearances, work and
recreation. [The term does not include supervision or probation or parole or constraint
incidental to release.]
[Insert other relevant definitions. NDCC 12.1-01-04, 12.1-02-02.]
NDCC 12.1-08-09
NOTE: If the object described was a firearm, destructive device, or other dangerous weapon, the offense is a class B felony; otherwise the offense is a class C felony.
K - 14.27 Possessing Contraband Useful for Escape
An inmate of an official detention facility who willfully and unlawfully [procures, makes, or
otherwise provides [himself][herself]] [possesses] any tool, weapon, or other object that
may be useful for escape is guilty of Possessing Contraband Useful for Escape.
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,
_______________, was an inmate of _______________, an official detention facility
situated in [County], North Dakota;
2) At said time and place, the Defendant,_______________, [procured, made, or
otherwise provided [himself][herself]] [possessed] any tool, weapon, or other object,
namely, _______________;
3) The tool, weapon, or other object was one that may have been useful to effect escape;
and
[4) The object is a firearm, destructive device, or other dangerous weapon;]
[5)] In obtaining the tool, weapon, or other object, the Defendant, _______________ acted
willfully and unlawfully.
DEFINITIONS
"Unlawfully" means surreptitiously or contrary to a statute, regulation, rule, or order issued
thereunder.
"Official detention" means arrest, custody following surrender in lieu of arrest, detention in
any facility for custody of persons under charge or conviction of an offense or alleged or
found to be delinquent, detention under a law authorizing civil commitment in lieu of
criminal proceedings or authorizing detention while criminal proceedings are held in
abeyance, detention for extradition, or custody for purposes incident to the foregoing,
including transportation, medical diagnosis or treatment, court appearances, work, and
recreation. [The term does not include supervision on probation or parole or constraint
incidental to release.]
[Insert other relevant definitions. NDCC 12.1-01-04, 12.1-02-02.]
NDCC 12.1-08-09
NOTE: If the object described was a firearm, destructive device, or other dangerous weapon, the offense is a class B felony; otherwise the offense is a class C felony.
K - 15.05 Nondisclosure of Retainer in Criminal Matter
A person employed for compensation to influence a public servant to take official action with respect to the [initiation, conduct, or dismissal of a prosecution] [imposition or modification of a sentence] [granting of parole or probation], is guilty of Nondisclosure of Retainer in a Criminal Matter, if the person willfully and privately addresses to the public servant any representation, entreaty, argument, or other communication intended to influence official action without disclosing the fact of this employment, while knowing that the public servant is unaware of it.
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, _______________, was employed for compensation to influence a public servant to take official action with respect to the [initiation, conduct, or dismissal of a prosecution] [imposition or modification of a sentence] [granting of parole of probation];
2) The Defendant willfully and privately addressed to _______________, a public servant, a representation, entreaty, argument, or other communication intended to influence official action; and
3) The Defendant willfully failed to disclose this employment, and knew that _______________, the public servant, was unaware of it.
DEFINITIONS
[Insert relevant definitions. NDCC 12.1-01-04, 12.1-02-02.]
K - 15.20 False Statements (Governmental Matter) (Class A Misdemeanor)
A person who, in a governmental matter, [willfully makes a false written statement that is
material and that the person did not believe to be true] [intentionally creates a false
impression in a written application for a pecuniary or other benefit by omitting information
necessary to prevent a material statement from being misleading] [willfully submits or
invites reliance on any material writing that [he][she] knows to be forged, altered, or
otherwise lacking in authenticity] [willfully submits or invites reliance on any sample,
specimen, map, boundary mark, or other object that [he][she] knows to be false in a
material respect] [willfully uses a trick, scheme, or device that [he][she] knows to be
misleading in a material respect] is guilty of False Statements.
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) While involved in a government matter [willfully made a false written statement,
_______________, which statement was material and which the Defendant did not believe
to be true] [intentionally created a false impression in a written application for a pecuniary
or other benefit, _______________, by omitting information necessary to prevent a material
statement therein from being misleading] [willfully submitted or invited reliance on certain
material,_______________, that the Defendant knew to be forged, altered, or otherwise
lacking in authenticity] [willfully submitted or invited reliance on a certain sample, specimen,
map, boundary mark, or other object, _______________, that the Defendant knew to be
false in a material respect] [willfully used a trick, scheme, or device, _______________,
that the Defendant knew to be misleading in a material respect].
[(3) The Defendant did not retract the false statement in the course of the official
proceeding or matter in which it was made before it became manifest that the falsification
was or would be exposed and before the falsification substantially affected the proceeding
or the matter.]
DEFINITIONS
A matter is a "governmental matter" if it is within the jurisdiction of a government office or
agency, or an office, agency, or other establishment in the legislative or the judicial branch
of government.
"Statement" means any representation, and includes a representation of opinion, belief or
other state of mind only if the representation clearly relates to state of mind apart from or
in addition to any facts that are the subject of the representation.
[Insert relevant definitions. NDCC 12.1-02-02.]
NDCC 12.1-11-02(2)
See also NDCC 12.1-11-04, General Provisions (falsification and defenses)(Retraction is a defense.)
K - 15.25 False Information and Statements (Materiality)
K - 15.40 Unlawful Compensation for Assistance in Government Matters
(Public Servant Soliciting or Accepting Thing of Value)
A public servant who willfully solicits, accepts, or agrees to accept a thing of pecuniary value from non-governmental sources as [compensation for advice or other assistance in preparing or promoting a bill, contract, claim, or other matter which is or which is likely to be subject to the public servant's action] [compensation for the public servant's omitting or delaying official action] [a fee or compensation for services not rendered by the public servant or to which the public servant was not legally entitled] is guilty of Unlawful Compensation for Assistance in Government Matters.
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], the Defendant, _______________, a public servant, willfully solicited, accepted, or agreed to accept _______________, a thing of pecuniary value from non-governmental sources,_______________;
2) [As compensation for advice or other assistance in preparing or promoting a bill, contract, claim, or other matter that was or was likely to be subject to the Defendant's official action] [As compensation for omitting or delaying official action] [As a fee or compensation for services not rendered or to which the Defendant was not legally entitled].
DEFINITIONS
[Insert relevant definitions. NDCC 12.1-01-04, 12.1-02-02.]
K - 15.42 Unlawful compensation for Assistance in Government Matters
(Offering or Giving Thing of Value to Public Servant)
A person who knowingly offers, gives, or agrees to give a thing of pecuniary value to a public servant [as compensation for the public servant's advice or other assistance in preparing or promoting a bill, contract, claim, or other matter which is or which is likely to be subject to the public servant's action] [as compensation for the public servant's omitting or delaying official action, [as a fee or compensation for services not rendered by the public servant or to which the public servant was not legally entitled] is guilty of Unlawful Compensation for Assistance in Government Matters.
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 offered, gave, or agreed to give _______________, a thing
of pecuniary value, to _______________, a public servant;
2) [As compensation for the public servant's advice or other assistance in preparing or
promoting a bill, contract, claim or other matter that was or was likely to be subject to the
public servant's official action] [As compensation for the public servant omitting or delaying
official action] [As a fee or compensation for services not rendered by the public servant
or to which the public servant was not legally entitled].
DEFINITIONS
[Insert relevant definitions. NDCC 12.1-01-04, 12.1-02-02.]
K - 15.55 Threatening Harm to Public Servant
A person who willfully threatens harm to another [with intent to influence that person's
official action as a public servant in a pending or prospective judicial or administrative
proceeding held before that person] [with intent to influence that person to violate a duty
as a public servant] is guilty of Threatening Harm to a Public Servant.
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 threatened harm to _______________;
2) [With the intent to influence that person's official action as a public servant in a pending
or prospective judicial or administrative proceeding held before that person] [With the intent
to influence that person to violate a duty as a public servant].
DEFINITIONS
[Insert relevant definitions. NDCC 12.1-01-04, 12.1-02-02.]
NDCC 12.1-12-06
NOTE: If the object described was a firearm, destructive device, or other dangerous weapon, the offense is a class B felony; otherwise the offense is a class C felony.
K - 15.56 Threatening Public Servants
A person who, with the intent to influence another's official action as a public servant,
threatens [to commit any crime or to do anything unlawful] [to accuse anyone of a crime]
[to expose a secret or publicize an asserted fact, whether true or false, tending to subject
any person, living or deceased, to hatred, contempt, or ridicule ,or to impair another's credit
or business repute] is guilty of Threatening a Public Servant.
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,
_______________, with intent to influence another's official action as a public servant;
2) Threatened [to commit any crime or to do anything unlawful] [to accuse anyone of a
crime] [to expose a secret or publicize an asserted fact, whether true or false, tending to
subject any person, living or deceased, to hatred, contempt, or ridicule ,or to impair
another's credit or business repute].
DEFINITIONS
[Insert relevant definitions. NDCC 12.1-01-04.]
K - 15.60 Sports Bribery (Offering or Conferring a Bribe)
A person who, with intent to prevent a publicly exhibited sporting contest from being
conducted in accordance with the rules and usages purporting to govern it, [confers, offers,
or agrees to confer any benefit upon, or threatens any harm to a participant, official, or
other person associated with the contest] [tampers with any person, animal, or thing], is
guilty of Sports Bribery.
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,
_______________, with the intent to prevent a publicly exhibited sporting contest from
being conducted in accordance with the rules and usage purported to govern it;
2) [Conferred, offered, or agreed to confer any benefit upon] [Threatened any harm to
_______________, a participant, official, other person associated with the contest]
[tampered with any person, animal, or thing, as follows: _______________].
DEFINITIONS
A "publicly exhibited sporting contest" is any contest in any sport, between individual
contestants or teams of contestants, the occurrence of which is publicly announced in
advance of the event.
[Insert other relevant definitions. NDCC 12.1-01-04, 12.1-02-02.]
K - 15.70 Sports Bribery (Soliciting or Accepting Bribe)
A person who knowingly solicits, accepts, or agrees to accept any benefit as a participant,
official, or other person associated with the contest, with the intent to prevent a publicly
exhibited sporting contest from being conducted in accordance with the rules and usages
purporting to govern it, is guilty of Sports Bribery.
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,
_______________, with the intent to prevent a publicly exhibited sporting contest from
being conducted in accordance with the rules and usages purported to govern it;
2) Knowingly solicited, accepted, or agreed to accept any benefit, as a participant, official,
or other person associated with the contest as follows: _______________.
DEFINITIONS
As used in the instructions, a "publicly exhibited sporting contest" is any contest in any
sport, between individual contestants or teams of contestants, the occurrence of which is
publicly announced in advance of the event.
[Insert other relevant definitions. NDCC 12.1-01-14.]
K - 15.71 Commercial Bribery (Conferring Bribe Upon [Employee, Agent] [Fiduciary])
A person who confers, agrees, or offers to confer any benefit [upon an employee or agent
without the consent of the employee's or agent's employer or principal, with the intent to
influence that person's conduct in relation to the employer's or principal's affairs] [upon any
fiduciary without the consent of the beneficiary, with the intent to influence the fiduciary to
act [or conduct [himself][herself]] contrary to a fiduciary obligation] is guilty of Commercial
Bribery.
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) Conferred, agreed, or offered to confer a benefit [upon _______________, an employee
or agent of _______________, without the consent of _______________, the employer or
principal, with the intent to influence _______________'s conduct in relation to the
employer's or principal's affairs] [upon _______________, a fiduciary, without the consent
of the beneficiary and with the intent to influence the fiduciary to act [or conduct
[himself][herself]] contrary to a fiduciary obligation], as follows:_______________.
DEFINITIONS
[Insert relevant definitions. NDCC 12.1-02-02.]
K - 15.72 Commercial Bribery (Acceptance of Bribe by [Employee, Agent] [Fiduciary])
A person who [as an [employee] [agent], knowingly accepts, solicits, or agrees to accept
any benefit without the consent of the employer or principal, with the intent to influence the
employer's or principal's conduct in relation to the employer's or principal's affairs] [as a
fiduciary, knowingly solicits, accepts, or agrees to accept any benefit without the consent
of a beneficiary, with the intent to act [or conduct [himself][herself]] contrary to the person's
fiduciary obligation] is guilty of Commercial Bribery.
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,
_______________, [as an [employee] [agent];
2) [As an [employee] [agent] knowingly solicited, accepted, or agreed to accept a certain
benefit without the consent of the [employer] or [principal] with the intent to influence the
[employer's] [principal's] conduct in relation to the [employer's] or [principal's] affairs] [As
a fiduciary, knowingly solicited, accepted, or agreed to accept a certain benefit without the
consent of the beneficiary, with the intent that the Defendant be influenced to act [or
conduct [himself][herself]] contrary to a fiduciary obligation], as follows _______________.
DEFINITIONS
[Insert relevant definitions. NDCC 12.1-02-02.]
K - 18.50 Computer Fraud
A person commits computer fraud by gaining or attempting to gain access to, altering,
damaging, modifying, copying, disclosing, taking possession of or destroying any computer,
computer system, computer network or any part of a computer, system, or network, without
authorization and with the intent to devise or execute any scheme or artifice to defraud,
deceive, prevent the authorized use of or control property or services by means of false or
fraudulent pretenses, representations, or promises.
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) Gained or attempted to gain access to, altered, damaged, modified, copied, disclosed, took possession of or destroyed any computer, computer system, computer network or any part of such computer, system or network;
3) Without authorization, and
4) With intent to devise or execute any scheme or artifice to defraud, deceive, prevent the authorized use of or control property or services by means of false or fraudulent pretenses, representations or promises.
DEFINITIONS
[Insert relevant definitions. NDCC 12.1-01-04, 12.1-02-02.]
K - 18.52 Computer Crime
A person commits computer crime by intentionally and either in excess of authorization given or without authorization gaining or attempting to gain access to, altering, damaging, modifying, copying, disclosing, taking possession of, introducing a computer contaminant into, destroying, or preventing the authorized use of any computer, computer system, or computer network, or any computer software, program, or data contained in such the computer, computer system, or computer network.
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) Acting intentionally;
3) Either in excess or authorization given or without authorization;
4) Gained or attempted to gain access to, altered, damaged, modified, copied, disclosed, took possession or, introduced a computer contaminant into, destroyed or prevented the authorized use;
5) Of any computer, computer system or computer network or any computer software, program or data contained in the computer, computer system or computer network;
6) Without authorization, and
7) With intent to devise or execute any scheme or artifice to defraud, deceive, prevent the authorized use of or control property or services by means of false or fraudulent pretenses, representations or promises.
DEFINITIONS
Insert relevant definitions. NDCC 12.1-01-04, 12.1-02-02.]
K - 21.60 Leaving the Scene of an Accident
A driver commits an offense if the driver is involved in an accident resulting in injury to or death of any person and fails to immediately stop or return with the vehicle as close as possible to the scene of the accident. A driver is required to remain at the scene of the accident until the information required by law is provided and reasonable assistance is given to any injured 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,
_______________;
2) Was a driver of a vehicle involved in an accident;
3) Which resulted in injury to or death of a person;
4) And the Defendant failed to immediately stop or return with the vehicle as close as possible to the scene of the accident and provide information and give assistance as required by law.
[5) The accident involved personal injury.]
[6) The accident involved serious personal injury.]
[7) The accident involved death.]
The law requires the driver of any vehicle involved in an accident resulting in injury to or death of any person give the driver's name and address and the name of the motor vehicle insurance policy carrier of the driver and owner as well as the registration number of the vehicle. If requested and available, the driver must exhibit the driver's operator's license and must render any reasonable assistance, including providing transportation to a physician or hospital.
DEFINITIONS
[Insert relevant definitions.]
NDCC 39-08-04