• 2004 - Advice of Counsel
  • K-4.02
    • Affirmative Defenses
  • Defendant may not rely on advice of counsel as a defense for having violated law. However, you may consider the Defendant’s reliance on advice of counsel in determining whether the State has proven a required element of criminal intent. You may consider the Defendant’s reliance on the legal advice of an attorney only if the Defendant relied on it in good faith. * * * * *
    • State v. Thorstad, 261 NW2d 899 (ND 1978)
  • Notes: This instruction is available for crimes requiring proof of intent. NDJI K - 4.01 may be applicable for crimes including those not requiring proof of criminal intent.