A person who places in any newspaper, magazine, handbill, or other publication, any advertisement, while knowing or under circumstances where one should reasonably know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia, is guilty of Unlawful Advertisement of Paraphernalia.

In determining whether an object is drug paraphernalia, you should consider, in addition to all other relevant factors, the following: [Select relevant guidelines from NDCC 19-03.4-02.]

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, _______________, placed in a [newspaper,] [magazine,] [handbill,] or [other publication,] an advertisement as follows: _______________; and

2) The Defendant then knew or reasonably should have known under the circumstances, that the purpose of the advertisement, in whole or in part, was to promote the sale of objects designed and intended for use as drug paraphernalia.

DEFINITIONS [Insert relevant definitions. NDCC 19-03.1-01, 19-03.4-01.]

*****