• 2011 - Eavesdropping on Jury Deliberations
  • K-15.12
    • Jury

  • A person who, intentionally [records the proceedings of a jury while such jury is deliberating or voting] [listens to or observes the proceedings of any jury of which he is not a member while such jury is deliberating or voting], is guilty of eavesdropping on jury deliberations.

     

    ESSENTIAL ELEMENTS OF OFFENSE CHARGED
     

    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,
     

    2) The Defendant, _______________;
     

    3) Intentionally; and
     

    4) [Recorded the proceedings of a jury while such jury is deliberating or voting] [Listened to or observed the proceedings of any jury of which he is not a member while such jury is deliberating or voting].

     

    DEFINITIONS
     

    "Jury" means grand jury or petit jury, and "juror" means grand juror or petit juror.

  • Notes: The Defendant may be entitled to an instruction under NDJI K -3.01 if the evidence during the course of trial establishes a basis for the inapplicability defenses stated at NDCC 12.1-09-05(2).