• 2008 - Aggravated Assault (Firearm or Destructive Device)
  • K-8.04
    • Assault
    • Destructive Devices
    • Explosives
    • Firearms
    • Other Personal Crimes
    • Other Personal Crimes

  • A person who willfully [fires a firearm] [hurls a destructive device] at another human being is guilty of Aggravated Assault.

     

    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 [fired a firearm] [hurled a destructive device] at _______________, another human being.

     

    [3) [The victim, _______________, is under the age of twelve years][The victim, ___________________, suffered permanent loss or impairment of the function of a bodily member or organ].]


    *****

     

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

    • 12.1-17-02
    • 12.1-17-02
  • Notes: If the evidence warrants an instruction on self-defense, the accused is entitled to an instruction to the Jury that the State must prove beyond a reasonable doubt that the accused did not act in self-defense as an additional element of the offense. State v. Olander, 1998 ND 50, 575 NW2d 658. See K-3.01, Additional Elements of Offense – Nonexistence of Defense.