• 1985 - Endangering by Fire or Explosion (Indifference to Life)
  • K-10.10
    • Acts Dangerous To Life
    • Arson
    • Buildings
    • Endangering By Fire
    • Fire
    • Property
    • Public Facility
    • Serious Bodily Injury
    • Damage To Property
    • Damage To Property
  • A person who intentionally starts or maintains a fire or causes an explosion and thereby recklessly [places another person in danger of death or bodily injury] [places [an entire or any part of a building or inhabited structure of another] [a vital public facility] in danger of destruction] [causes damage to property of another constituting pecuniary loss in excess of two thousand dollars], and who placed another person in danger of death under circumstances manifesting an extreme indifference to the value of human life, is guilty of Endangering by Fire or Explosion.

     

    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, _______________, intentionally [started or maintained a fire] [caused an explosion];

     

    2) The Defendant recklessly [placed _______________ in danger of death or bodily injury] [placed [an entire or any part of _______________, a building or inhabited structure of another] [_______________, a vital public facility] in danger of destruction] [caused damage of _______________ to the property of another constituting a pecuniary loss in excess of two thousand dollars]; and 3) The Defendant, in so doing, placed another human being in danger of death under circumstances manifesting an extreme indifference to the value of human life.

     

    DEFINITIONS [Insert relevant definitions. NDCC 12.1-01-04, 12.1-02-02, 12.1-21-08.]


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    • 12.1-21-02
    • 12.1-21-08
    • 61-01-06
    • Froemke v. Parker, 171 NW 284 (ND 1919)
    • State v. Brace, 36 NW2d 330 (ND 1949)
  • Notes: (2004 - reviewed with no changes)