• 2009 - Burglary (Class C Felony)Robbery and Crimes of Trespass
  • K-9.12
    • Buildings
    • Burglary
    • Robbery And Crimes Of Trespass
    • Robbery And Crimes Of Trespass

  • [In the event you find the Defendant not guilty of the crime of Burglary, a class B felony, then you must consider whether the Defendant is guilty of the crime of Burglary, a class C felony, an offense that is necessarily included in the offense charged.][A person is guilty of Burglary, a class C felony, if, with intent to commit a crime, that person willfully enters or secretly remains in a building or occupied structure, or a separately secured or occupied portion thereof, at a time the premises are not open to the public and the actor is not licensed, invited, or otherwise privileged to enter or remain, as the case may be.][Burglary is a class C felony if the [offense was not committed at night and was not knowingly perpetrated in the dwelling of another] [in effecting entry or while in the premises or in immediate flight there from, the actor did not willfully inflict or attempt to inflict bodily injury or physical restraint on another, or willfully menace another with the threat of imminent serious bodily injury] [was not willfully armed with a firearm, destructive device, or other weapon, the possession of which under the circumstances would indicate an intent or readiness to inflict bodily injury].]

     

    ESSENTIAL ELEMENTS OF INCLUDED 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 entered or secretly remained in a building or occupied structure] [or] [a separately secured or occupied portion of a building or occupied structure], namely, _______________;

     

    2) The premises were not then open to the public;

     

    3) The Defendant was not then licensed, invited, or otherwise privileged to enter or remain in the premises; and

     

    4) The Defendant then and there intended to commit a crime in the premises.

     

    DEFINITIONS A person is “privileged,” within the meaning of a burglary statute, if he may naturally be expected to be on the premises often and in the natural course of his duties or habits. Further, a person who is privileged may still commit a burglary if he enters at a time when he would not reasonably be expected to be present or if he goes into a room as to which his privilege does not extend.

     

    [Insert relevant definitions. NDCC 12.1-01-04, 12.1-02-02, 12.1-22-06.


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    • 12.1-22-02
    • 12.1-22-06
    • State v. Haugen, 458 NW2d 288 (ND 1990)
  • Notes: If the first bracketed paragraph is used, the second bracketed paragraph should be omitted and the third paragraph should be used. If the Defendant is charged with a class C felony, the first and third paragraphs should be omitted. Only the second bracketed paragraph is required.