A person who, knowing the character and content of a performance, knowingly possesses any [motion picture] [photograph] [other visual representation] that includes sexual conduct by a minor, is guilty of possession of certain materials prohibited.

ESSENTIAL ELEMENTS OF THE 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, ________________;

2) Knowing the character and content of a performance; 3) Knowingly possessed any [motion picture] [photograph] [other visual representation] that included sexual conduct by a minor.

DEFINITIONS [Insert relevant definitions. NDCC 12.1-27.2-01, NDCC 12.1-02-02]

*****