• 2003 - Theft of Services (Diverting Services)
  • K-11.05
    • Services
    • Theft
    • Theft

  • A person who has control over the disposition of services of another person to which the person is not entitled and knowingly diverts those services [for personal benefit] [for the benefit of another who is not entitled], 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 diverted [describe services] [for personal benefit] [for the benefit of another person not entitled to the services];

     

    2) The Defendant had control then over the disposition of the services;

     

    3) The services were _______________; and

     

    4) The Defendant was not entitled to the services[.] [; and] [

     

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

     

    6) The 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]].] [

     

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

     

    8) The services stolen [were [acquired] [retained] by threat and were [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 services stolen exceeded fifty dollars but not more than five hundred dollars and was [acquired] [retained] by a public servant in the course of official duties.] 2003 NDJI-CRIMINAL K - 11.05 [

     

    10) The value of the services 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 of 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.]


    *****

    • 12.1-23-03
    • 12.1-23-05
    • 12.1-23-09(3)(a)
    • 12.1-23-10
  • Notes: : The bracketed language in paragraph 5 should be used if there is evidence in the case sufficient to give rise to a reasonable doubt on the issue of the defense raised. The bracketed language of paragraph 6 should be used if a class B felony is charged. The bracketed language of paragraphs 7 through 9 should be used, as appropriate, if a class C felony is charged. When using paragraphs 8 and 9, note NDCC 12.1-23-09(3)(a) on prima facie case of theft dealing with a public servant.