• 2009 - Facilitation of Counterfeiting (Copying)
  • K-18.15
    • Public Crimes
    • Public Crimes

  • A person who, except as authorized by statute or by regulation, knowingly photographs or otherwise makes a copy of [money or other obligation or security of this government or of any foreign government, or any part thereof] [or] [any plate, stone, tool, die, mold, tool or other implement or thing uniquely associated with or fitted for the preparation of any money or other obligation 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 photographed or otherwise made a copy of [certain money or other obligation or security, namely, _______________, of [this] [_______________, a foreign] government, or any part thereof] or [any plate, stone, tool, die, mold, or other implement or thing, namely _______________, uniquely associated with or fitted for the preparation of any writing that purports to be made by [this government] [_______________, 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 [obligation] [security] of a government.]

     

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


    *****

    • 12.1-24-02(2)(a)
    • 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.