• 2010 - Defrauding Secured Creditor (False Statements)
  • K-11.35
    • Secured Creditors
    • Theft
    • Theft

  • 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.]


    *****

    • 12.1-23-08
    • 12.1-23-09
    • 12.1-23-10
    • 12.1-25-05(6)
    • 41-09-28
    • State v. Heintze, 482 NW2d 590 (ND 1992)
    • State v. Miller, 357 NW2d 225 (ND 1984)
  • Notes: Relevant definitions must be provided. The bracketed language in paragraph 4 should be used only if there is evidence in the case sufficient to give rise to a reasonable doubt on the issue. In paragraph 4 “a claim” means an unencumbered property interest, but see the statutory language. The bracketed language in paragraph 5 should be used if a Class C felony is charged. Otherwise, the offense is a class A misdemeanor. Value is determined by reference to Section 12.1-23-05(6), NDCC.