• 2003 - Theft of Property (Deception or Threat)
  • K-11.02
    • Extortion
    • Property
    • Theft
    • Theft
    • Threats

  • A person who [knowingly obtains property of another by deception or by threat with intent to deprive the owner of the property] [intentionally deprives another person of his/her property by deception or threat] is guilty of Theft.

     

    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, _______________, [knowingly obtained by deception or by threat] [intentionally deprived _______________, by deception or by threat], certain property, namely _______________;

     

    2) That property was the property of _______________; and

     

    3) The Defendant acted with intent to deprive said owner of said property[.] [;and] [

     

    4) The Defendant did not honestly believe the Defendant had a valid claim to the property.] [

     

    5) _______________ and the Defendant were not then living together as husband and wife, and the property involved did not constitute household or personal effects or other property normally accessible to both.] [

     

    6) The property or services stolen [exceeded ten thousand dollars in value] [were acquired or retained by a threat [to commit a [class A] [class B] felony] [to inflict serious bodily injury on_______________, the person threatened or on any other person]]; or [

     

    7) The value of the property stolen exceeded five hundred dollars but not more than ten thousand dollars;] or [

     

    8) The property stolen [was [acquired] [retained] by threat and was [acquired] [retained] by a public servant by a threat to [take] [withhold] official action] [exceeded fifty dollars in value but not more than five hundred dollars];] or [

     

    9) The value of the property stolen exceeded fifty dollars but not more than five hundred dollars and was [acquired] [retained] by a public servant in the course of official 2003 NDJI-CRIMINAL K - 11.02 duties]; or [

     

    10) The property stolen was a [firearm, ammunition, explosive, or destructive device] [an automobile, aircraft, or other motor-propelled vehicle];] or [

     

    11) The property stolen consisted of any government file, record, document, or other government paper stolen from any government office or from any public servant;] or [

     

    12) The Defendant is in the business of [buying] [selling] stolen property and the property was [received] [retained] [disposed of] in the course of that business;] or [

     

    13) The property stolen consisted of any implement, paper, or other thing uniquely associated with the preparation of any money, stamp, bond, or other document or instrument or obligation of the State;] or [

     

    14) The property stolen consisted of livestock taken from the premises of the owner;] or [

     

    15) The property stolen consisted of a key or other implement uniquely suited to provide access to property, the theft of which would be a felony and it was stolen to gain that access;] or [

     

    16) The property stolen is a card, plate, or other credit device existing for the purpose of obtaining money, property, labor, or services on credit, or is a debit card, electronic fund transfer card, code, or other means of access to an account for the purposes of initiating electronic fund transfers.] [

     

    17) The value of the property stolen did not exceed two hundred fifty dollars, and the theft was not committed by threat; and the theft was not committed by deception by one who stood in a confidential or fiduciary relationship to the victim of the theft; and the Defendant was not a public servant or an officer or employee of a financial institution who committed the theft in the course of official duties.]

     

    DEFINITIONS [Insert relevant definitions. NDCC 12.1-02-02, 12.1-23-10.]


    *****

    • 12.1-23-02
    • 12.1-23-05
    • 12.1-23-05(3)
    • 12.1-23-09
    • 12.1-23-09(1)(b)
    • 12.1-23-09(3)(a)
    • 12.1-23-09(3)(b)
    • 12.1-23-09(3)(c)
    • 12.1-23-10
  • Notes: The bracketed language in paragraph 4 and 5 should be used if there is evidence in the case 2003 NDJI-CRIMINAL K - 11.02 sufficient to give rise to a reasonable doubt on the issue of the defense raised. When using paragraph 5, note the exception under NDCC12.1-23-09(1)(b). The bracketed language of paragraph 6 should be used if a class B felony is charged. The bracketed language of paragraphs 7 through 15 should be used, as appropriate, if a class C felony is charged. When using paragraph 8 and 9, note NDCC 12.1-23-09(3)(a) on prima facie case of theft dealing with "public servant." When using paragraph 12, note the inference of theft under NDCC 12.1-23-09(3). The bracketed language of paragraph 17 should be used if a class B misdemeanor is charged. Under NDCC 12.1-23-05(3), all theft offenses not otherwise provided for are class A misdemeanors.