A person who [knowingly] [recklessly] causes blood, emesis, excrement, mucus, saliva, semen, vaginal fluid, or urine to come in contact with [a law enforcement officer acting in the scope of employment] [an employee of a correctional facility or the department of corrections and rehabilitation acting in the scope of employment] [any person lawfully present in a correctional facility who is not an inmate] [any person lawfully present in the penitentiary or an affiliated facility of the penitentiary who is not an inmate] [any person who is transporting an individual who is lawfully detained] is guilty of Contact by Bodily Fluids or Excrement.

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, _______________, caused [blood] [emesis] [excrement] [mucus] [saliva] [semen] [vaginal fluid] [urine] to come in contact with _______________.

2) _______________ was a [law enforcement officer acting in the scope of employment] [employee of a correctional facility or the department of corrections and rehabilitation acting in the scope of employment] [person lawfully present in the penitentiary or an affiliated facility of the penitentiary who is not an inmate] [person transporting an individual who was lawfully detained]; and

3) The Defendant [knowingly] [recklessly] caused the contact

DEFINITIONS [Insert relevant definitions. NDCC 12.1-01-04, 12.1-02-02.]

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