A person is guilty of Burglary if, with intent to commit a crime, that person willfully enters or secretly remains in a building or occupied structure, or a separately secured or occupied portion thereof, at a time the premises are not open to the public and the actor is not licensed, invited, or otherwise privileged to enter or remain, as the case may be. Burglary is a class B felony, if [the offense is committed at night, and is knowingly perpetrated in the dwelling of another] [in effecting entry or while in the premises or in immediate flight from the premises, the actor willfully inflicts or attempts to inflict bodily injury or physical restraint on another person, or willfully menaces another person with the threat of imminent serious bodily injury, or is willfully armed with a firearm, destructive device, or other weapon the possession of which under the circumstances indicated an intent or readiness to inflict serious bodily injury].

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 entered or secretly remained in [a building or occupied structure] [or] [a separately secured or occupied portion of a building or occupied structure], namely _______________;

2) The premises were not then open to the public;

3) The Defendant was not then licensed, invited, or otherwise privileged to enter or remain in the premises; and

4) The Defendant then and there intended to commit a crime in the premises[.] [; and] [

5) The offense was committed at night, and knowingly perpetrated in the dwelling of another person.] [; or] [

6) The Defendant, in effecting entry or while in the premises or in immediate flight from the premises, [willfully inflicted or attempted to inflict bodily injury or physical restraint on _______________] [willfully menaced _____________ with the threat of imminent serious bodily injury] [was willfully armed with a firearm, destructive device, or 2009 NDJI-CRIMINAL K - 9.10 other weapon the possession of which under the circumstances indicated an intent or readiness to inflict serious bodily injury].]

DEFINITIONS A person is “privileged,” within the meaning of a burglary statute, if he may naturally be expected to be on the premises often and in the natural course of his duties or habits. Further, a person who is privileged may still commit a burglary if he enters at a time when he would not reasonably be expected to be present or if he goes into a room as to which his privilege does not extend. [Insert relevant definitions. NDCC 12.1-01-04, 12.1-02-02, 12.1-22-06.]

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