A person who, during a riot, or when one is immediately impending, willfully disobeys a reasonable public safety order to move, disperse, or refrain from specified activities in the immediate vicinity of the riot, is guilty of Disobedience of Public Order.

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, _______________, willfully disobeyed a reasonable public safety order, namely _______________, given by _______________, the senior law enforcement official on the scene;

2) The public safety order was given during a riot or when a riot was immediately pending; and

3) The public safety order required the Defendant to move, disperse, or refrain from specified activities in the immediate vicinity of the riot.

DEFINITIONS A "public safety order" is an order designed to prevent or control disorder, or promote the safety of persons or property, issued by the senior law enforcement official on the scene. "Riot" means a public disturbance involving an assembly of five or more persons which by tumultuous and violent conduct creates grave danger of damage or injury to property or persons, or substantially obstructs law enforcement or other government function. [Insert other relevant definitions. NDCC 12.1-01-04, 12.1-02-02.]

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