A person who willfully disposes of, uses, or transfers any interest in property to which the person has been entrusted [as a fiduciary] [in the capacity as a public servant] [as an officer, director, agent, employee of, or person controlling a financial institution], in a manner that the person knows is not authorized and that the person knows involves a risk of loss or detriment to the [owner of the property] [government] [other person for whose benefit the property was entrusted], is guilty of Misapplication of Entrusted Property.

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 disposed of, used, or transferred an interest in certain property, namely, _______________;

2) The property was then entrusted by _______________, the owner of the property, to the Defendant [as fiduciary] [in Defendant’s capacity as public servant] [as an officer, director, agent, employee of, or a person controlling a financial institution];

3) The Defendant disposed of, used, or transferred the property in a manner that the Defendant knew was not authorized by _______________, owner; and

4) The Defendant knew that the conduct involved a risk of loss or detriment [to the owner] [to the government] [to _______________, for whose benefit the property was entrusted]. [

5) The value of the property misapplied exceeds ten thousand dollars.] [

6) The value of the property misapplied exceeds five hundred dollars but does not exceed ten thousand dollars.] [

7) The value of the property misapplied exceeds two hundred fifty dollars but does not exceed five hundred dollars.]

DEFINITIONS [Insert relevant definitions. NDCC 12.1-01-04, 12.1-02-02, 12.1-23-10.]

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