A person who knowingly makes one or more false statements about the existence of a security interest at the time of sale of property that is subject to a security interest is guilty of defrauding a secured creditor.
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 sold [describe property].
2) The [described property] was subject to a security interest.
3) At the time of the sale of the [described property] the defendant knowingly made one or more false statements about the existence of the security interest. [
4) The defendant did not honestly believe to have a claim to the [described property] which could be validly asserted.] [
5) The value of the property exceeded five hundred dollars.]
DEFINITIONS [Insert relevant definitions. NDCC 12.1-02-02, 12.1-23-10.]