A person who, [intends to harass, annoy, or alarm another] [in reckless disregard of the fact that another person is harassed, annoyed, or alarmed by the behavior], [engages in fighting, or in violent, tumultuous, or threatening behavior] [makes unreasonable noise] [in a public place, uses abusive or obscene language, or makes an obscene gesture] [obstructs vehicular or pedestrian traffic, or the use of a public facility] [persistently follows another in or about a public place or places] [while loitering in a public place for the purpose of soliciting sexual contact, solicits such contact] [creates a hazardous, physically offensive, or seriously alarming condition by any act that serves no legitimate purpose] [engaged in harassing conduct by means of intrusive or unwanted acts, words, or gestures intended to adversely affect the safety, security, or privacy of another person] [used a fixed optical device that enhanced or recorded a visual occurrence to view through any window of another pseron’s property; or used a surveillance camera to capture an image from the dwelling or accessory structure of another person], is guilty of Disorderly Conduct.

                                          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, _______________, [engaged in fighting, violent, tumultuous, or threatening behavior] [made unreasonable noise] [used abusive or obscene language or made an obscene gesture while in _______________, a public place] [obstructed vehicular traffic or pedestrian traffic or the use of a public facility] [persistently followed _______________,  in or about a public place or places] [while loitering in _______________, a public place, for the purpose of soliciting sexual contact, solicited such contact] [created a hazardous, physically offensive, or seriously alarming condition by an act which served no legitimate purpose][engaged in harassing conduct by means of intrusive or unwanted acts, words, or gestures intended to adversely affect the safety, security or privacy of another person] [used a fixed optical device that enhanced or recorded a visual occurrence to view through any window of another pseron’s property; or used a surveillance camera to capture an image from the dwelling or accessory structure of another person]; and

[2)        The Defendant did not move the optical device within seven days of being notified by a law enforcement officer to direct or shield the camera so as to not capture an image from another person’s dwelling or accessory structure before there is an offense]

3)  The Defendant did so [with the intent to harass, annoy, or alarm _______________] [in reckless disregard of the fact that _______________ was harassed, annoyed, or alarmed by the behavior].

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NDCC 12.1-31-01
NDCC 12.1-02-02