• 1985 - Consent as a Defense (Damaging Property or Public Service)
  • K-3.22
    • Consent
    • Defenses
    • Defenses
    • Property
  • Because the offense of [Arson] [Endangering by Fire or Explosion] [Failure to Control or Report a Dangerous Fire] [Release of Destructive Forces] [Criminal Mischief] [Tampering With or Damaging a Public Service] includes the element of the offense that the property is of another, it is a defense to a prosecution under this offense that the other has consented to the Defendant's conduct with respect to the property.
    • 12.1-21-07
    • Anderson v. Schreiner, 94 NW2d 294 (ND 1959)
    • Heid v. Shafer, 140 NW2d 584 (ND 1966)
    • Kelmis v. Cardinal Petroleum Co., 156 NW2d 710 (ND 1968)
    • Knutz v. Stelmachuk, 136 NW2d 810 (ND 1965)
    • Saterland v. Fieber, 91 NW2d 623 (ND 1958)
    • Umland v. Frendberg, 63 NW2d 295 (ND 1954)
    • Zettle v. Lutovsky, 7 NW2d 180 (ND 1942)
  • Notes: (2004 - reviewed with no changes) Use appropriate bracketed language if sufficient prima facie evidence has been received to establish this defense. In that case, the lack of consent is an essential element of the offense.