• 2010 - Simple Assault
  • K-8.10
    • Assault
    • Bodily Injury
    • Destructive Devices
    • Explosives
    • Firearms
    • Firefighters
    • Peace Officers
    • Prisons
    • Serious Bodily Injury
    • Weapons
    • Other Personal Crimes
    • Other Personal Crimes
  • [A person who willfully causes bodily injury to another human being is guilty of Simple Assault.]

     

    [A person who negligently causes bodily injury to another human being by means fo a firearm, destructive device, or other weapon, the use of which against a human being is likely to cause death or serious bodily injury is guilty of Simple Assault.]

     

    [A person who willfully causes bodily injury to a [peace officer] [correctional institution employee] [a municipal or volunteer fire department member] [an emergency medical services personnel unit member] [an emergency department worker] [a state hospital employee] acting in an official capacity, and knew that ____________ was a [peace officer] [correctional institution employee] [a municipal or volunteer fire department member] [an emergency medical services personnel unit member] [an emergency department worker] [a state hospital employee] is guilty of Simple 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, the Defendant, _____________, caused bodily injury to ______________; and

     

    2) [The Defendant willfully caused the injury] [The Defendant negligently caused the injury by means of a firearm, destructive device, or other weapon, the use of which against a human being is likely to cause death or serious bodily injury].

     

    [3) The Defendant knew __________ was a [peace officer] [correctional institution employee] [a municipal or volunteer fire department member] [an emergency medical services personnel unit member] [an emergency department worker] [a state hospital employee] acting in an official capacity.]

     

    [4) _______________ was a person engaged in a judicial proceeding.]

     

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


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    • 12.1-17-01
    • Fitzgerald v. Balkowitsch, 288 NW2d 761, 763 (ND 1980)
    • Gershman v. Engelstad, 160 NW2d 80, 83 (ND 1968)
    • Kary v. Prudential Ins. Co., 541 NW2d 703, 705-06 (ND 1996)
    • Lesch v. Farmers & Merch. State Bank, 211 NW 687 (
    • Smith Enterprises, Inc. v. In-Touch Phone Cards, 2004 ND 169, ΒΆ 20, 685 NW2d 741, 747 (opinions not actionable)
    • Sperle v. Weigel, 130 NW2d 315, 320 (ND 1964)
  • Notes: Paragraphs 3 and 4 are class C felonies; otherwise simple assault is a class B misdemeanor.