• 2003 - Dealing in Stolen Property
  • K-11.40
    • Property
    • Theft
    • Theft

  • A person who willfully [traffics in or endeavors to traffic] [initiates, organizes, plans, finances, directs, manages, or supervises, the theft and trafficking] in the property of another that has been stolen is guilty of Dealing In Stolen 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 [trafficked in or endeavored to traffic in] [initiated, organized, planned, financed, directed, managed, or supervised, the theft and trafficking in] certain property, namely,______________

     

    2) The property belonged to _______________,

     

    3) The property had been stolen [.] [; and] [

     

    4) The Defendant did not honestly believe that Defendant had a valid claim to the property.]

     

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


    *****

    • 12.1-23-08.3
    • 12.1-23-09(1)(a)
    • Haggard v. First Nat'l Bank, 8 NW2d 5, 14 (ND 1942)
    • Wishnatsky v. Bergquist, 550 NW2d 394 (ND1996)
  • Notes: The bracketed language in paragraph 4 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. A person who "traffics in, or endeavors to traffic in," is guilty of a class C felony. A person who "initiates, organizes, plans, finances, directs, manages, or supervises” the theft is guilty of a class B felony.