A person who, as the owner or manager of an establishment licensed to sell alcoholic beverages, willfully permits an obscene performance in the establishment, is guilty of Permitting An Obscene Performance in a Liquor Establishment.

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 permitted an obscene performance in _______________;,

3) In an establishment licensed to sell alcoholic beverages; and

4) The Defendant was the owner or manager of the establishment.

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

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