A sexual offender may not knowingly enter upon the real property comprising a [public] [nonpublic] [elementary] [middle] [high] school unless through compliance with a written policy of the [school board of a public school] [governing body of a nonpublic school]. Definitions A “sexual offender” is a person who has pled guilty or been found guilty of or has been adjudicated delinquent of a Class A misdemeanor or felony sexual offense against a minor or is required to register as a sex offender.

Essential Elements of Offense

The burden of proof resting upon the State is satisfied only if the evidence shows, beyond a reasonable doubt, the following essential elements of the offense charged:

(1) That on or about the ______ day of _______, 20__, in __________ County, North Dakota, the Defendant, _________________, knowingly did enter upon the real property of a [public] [nonpublic] [elementary] [middle] [high] school; and

(2) At the time of such entry the Defendant was a sexual offender; and

(3) The entry was not through compliance with a written policy adopted by the [school board of a public school] [governing body of a nonpublic school].

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