A person who willfully participates in an obscene performance in an establishment licensed to sell alcoholic beverages, regardless of whether that participation is for compensation, is guilty of Participating in an Obscene Performance.

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 participated in an obscene performance, namely _______________; and 3) The performance occurred in _______________, an establishment licensed to sell alcoholic beverages.

DEFINITIONS [Insert definitions from NDCC 12.1-02-02, NDCC 12.1-27.1-01(5), (9), (10), and (11).]

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