An owner of property who creates a security interest in such property who intentionally alters, conceals, destroys, damages, removes, encumbers, transfers, or otherwise deals with that property without the prior consent of the secured party is guilty of Defrauding Secured Creditors if that action has the effect of hindering the enforcement of the security interest.

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) The Defendant created a security interest in property the Defendant owned;

2) On or about [month] [day] [year], in [County], North Dakota, the Defendant, _______________, intentionally [altered] [concealed] [destroyed] [damaged] [encumbered] [transferred] [removed] [or otherwise dealt with] that property without the prior consent of the secured party;

3) The action had the effect of hindering the enforcement of the security interest.

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

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