A person who willfully married a person while still married to another person is guilty of Bigamy unless [the person's spouse has been absent for five (5) successive years and is believed to be dead] [the person's spouse has voluntarily been absent and has continuously remained outside the United States for the space of five (5) consecutive years] [the person's former marriage has been pronounced void, null, or dissolved by the Judgment of a competent Court].

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 married_______________; and

2) The Defendant was then still married to _______________[.] [; and]

3) [_______________ had not then been absent for five (5) successive years or was not believed by the Defendant to be dead] [ _______________ had not then been voluntarily absent or had not continually remained outside the United States for the space of five (5) successive years] [The Defendant's former marriage had not then been pronounced void, null, or dissolved by the Judgment of a competent Court].

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

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