An inmate of an official detention facility who willfully and unlawfully [procures, makes, or otherwise provides [himself] [herself]] [possesses] any tool, weapon, or other object that may be useful for escape is guilty of Possessing Contraband Useful for Escape.

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, _______________, was an inmate of _______________, an official detention facility situated in [County], North Dakota;

2) At that time and place, the Defendant,_______________, [procured, made, or otherwise provided [himself] [herself]] [possessed] a tool, weapon, or other object, namely, _______________;

3) The tool, weapon, or other object was one that may have been useful to effect escape; and

4) In obtaining the tool, weapon, or other object, the Defendant, _______________ acted willfully and unlawfully. [

5) The object is a firearm, destructive device, or other dangerous weapon.]

DEFINITIONS "Unlawfully" means surreptitiously or contrary to a statute, regulation, rule, or order issued thereunder. "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.] [Insert other relevant definitions. NDCC 12.1-01-04, 12.1-02-02.]

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