A person employed for compensation to influence a public servant to take official action with respect to the [initiation, conduct, or dismissal of a prosecution] [imposition or modification of a sentence] [granting of parole or probation], is guilty of Nondisclosure of Retainer in a Criminal Matter, if the person willfully and privately addresses to the public servant any representation, entreaty, argument, or other communication intended to influence official action without disclosing the fact of this employment, while knowing that the public servant is unaware of it.

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 employed for compensation to influence a public servant to take official action with respect to the [initiation, conduct, or dismissal of a prosecution] [imposition or modification of a sentence] [granting of parole of probation];

2) The Defendant willfully and privately addressed to _______________, a public servant, a representation, entreaty, argument, or other communication intended to influence official action; and 3) The Defendant willfully failed to disclose this employment, and knew that _______________, the public servant, was unaware of it.

DEFINITIONS [Insert relevant definitions. NDCC 12.1-01-04, 12.1-02-02.]

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