• 2009 - Facilitation of Counterfeiting (Trafficking in Paraphernalia)
  • K-18.10
    • False Instruments
    • Forgery
    • Public Crimes
    • Public Crimes

  • A person who, except as authorized by statute or by regulation, knowingly makes, executes, sells, buys, imports, possesses, or otherwise has within his control any plate, stone, paper, tool, die, mold or other implement or thing uniquely associated with or fitted for the preparation of any forged or counterfeited security or tax stamp, or any writing that purports to be made by this government or any foreign government, is guilty of Facilitation of Counterfeiting.

     

    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 [made] [executed] [sold] [bought] [imported] [possessed] [or] [had within his control] a certain [plate] [stone] [paper] [tool] [die] [mold] [implement or thing] uniquely associated with or fitted for the preparation of [any forged or counterfeited security or tax stamp] [or] [any writing that purports to be made by [this government] [or] [a foreign government][.]] [; and] [

     

    2) The Defendant was not authorized by statute or regulation to engage in the conduct described above]. [

     

    3) The [implement] [impression] relates to the forging or counterfeiting of any [security or tax stamp] [or] [a writing which purports to be made by this government or any foreign government].

     

    DEFINITIONS [Insert relevant definitions. NDCC 12.1-01-04, 12.1-02-02, 12.1-24-04]


    *****

    • 12.1-24-02(1)
    • 12.1-24-04
  • Notes: If there is sufficient evidence supporting a claim of authorization by statute or regulation, use bracketed element two. The bracketed language of element three should be used if a class B felony is charged. Otherwise, it is a class C felony.