A person who, with intent to cause, continue, or enlarge a riot [solicits a group of five or more persons to engage in] [engages in conduct intended to serve as the beginning of or signal for] [participates in planning] [issues commands or instructions in the course of and in furtherance of] a riot in a facility used for official detention, is guilty of Inciting Riot in Detention Facility.

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, _______________, [solicited a group of five of more persons to engage in] [engaged in conduct intended to serve as the beginning or signal for] [participated in planning] [issued commands or instructions in the course of and in furtherance of] a riot in __________________, a facility used for official detention and situated in [County], North Dakota; and

2) The Defendant, _______________, then and there acted with intent to [cause] [continue] [enlarge] the riot.

DEFINITIONS See 12.1-08-06. [Insert other relevant definitions. NDCC 12.1-01-04, 12.1-02-02.] "Riot" means a disturbance involving an assembly of five or more persons which by tumultuous and violent conduct, creates grave danger or damage or injury to property or persons or substantially obstructs the operation of the facility or other governmental function. "Official detention" means arrest, custody following surrender in lieu of arrest, detention in any facility for custody of persons under charge or conviction of an offense or alleged or found to be delinquent, detention under a law authorizing civil commitment in lieu of criminal proceedings or authorizing detention while criminal proceedings are held in abeyance, detention for extradition, or custody for purposes incident to the foregoing, including transportation, medical diagnosis or treatment, court appearances, work, and recreation. [The term does not include supervision on probation or parole or constraint incidental to release.]

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