A person who knowingly [offers, gives, or agrees to give to another] [solicits, accepts, or agrees to accept from another] a thing of value as consideration for the recipient's official action as a public servant, or for the recipient's violation of a known legal duty as a public servant, is guilty of Bribery.

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, _______________, knowingly [offered, gave, or agreed to give to another] [solicited, accepted, or agreed to accept from another] a thing of value; and

2) The thing of value was received as consideration for [the recipient's official action as a public servant, _______________] [the recipient's violation of a known legal duty as a public servant, _______________].

DEFINITIONS It is no defense to a prosecution for this offense that the recipient was not qualified to act in the desired way, whether because the recipient had not yet assumed office, or lacked jurisdiction, or for any other reason. [Insert relevant definitions. NDCC 12.1-01-04, 12.1-02-02.]

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