[If you find the Defendant not guilty of the crime of murder of an unborn child, then you must consider whether the Defendant is guilty of the crime of manslaughter of an unborn child, an offense necessarily included in the offense charged.]

A person who recklessly causes the death of an unborn child is guilty of manslaughter of an unborn child.

ESSENTIAL ELEMENTS OF INCLUDED 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;

2)  The Defendant, ___________, recklessly caused the death of an unborn child[.] [; and]

[3) The Defendant did not act in self-defense.]

* * * * *

NDCC 12.1-01-04(15)
NDCC 12.1-17.1-03
NDCC 12.1-02-02(1)(c)
NDCC 12.1-17.1-01
NDCC 12.1-02-02
NDCC 12.1-01-04

State v. Granrud, 301 NW2d 198 (ND 1981)

State v. Leidholm, 334 NW2d 811 (ND 1983)

State v. Trieb, 315 NW2d 649 (ND 1982)

State v. Geiser, 2009 ND 36, 763 NW2d 469 (recognizing a “person” does not include a pregnant woman under this Chapter 12.1-17.1 and as such a pregnant woman cannot be charged with the crimes under Chapter 12.1-17.1)