A person who engages or participates in the business of gambling is guilty of Gambling as a Business. A person who [willfully conducts a wagering pool or lottery] [willfully receives wagers for or on behalf of another person] [alone or with others, willfully owns, controls, manages, or finances a gambling business] [knowingly leases or otherwise permits a place to be regularly used to carry on a gambling business or maintains a gambling house] [willfully maintains a coin-operated gaming device on any place or premises occupied by that person] [is a public servant who willfully shares in the proceeds of a gambling business, whether by way of a bribe or otherwise] is guilty of Gambling as a Business.

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, _______________;

2) [Willfully conducted a wagering pool or lottery] [Willfully received wagers for or on behalf of another person] [Alone or with others, willfully owned, controlled, managed, or financed a gambling business] [Knowingly leased or otherwise permitted a place to be regularly used to carry on a gambling business or maintain a gambling house] [Willfully maintained a coin-operated gaming device on any place or premise the Defendant occupied] [Was a public servant who willfully shared in the proceeds of a gambling business by way of a bribe or otherwise] as follows: _______________.

DEFINITIONS [Insert relevant definitions.

NDCC 12.1-02-02, 12.1-28-01, 12.1-28-02.]

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