A person who knowingly possesses, distributes, or assists the use of the device, chemical, or real or artificial urine advertised or intended to be used to alter the outcome of the urine test designed to detect the presence of a chemical substance, or a controlled substance is guilty of fraudulent practice in urine testing.

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

2) The Defendant, ______________, knowingly [possessed] [distributed] [assisted in the use of];

            3) A [device] [chemical] [real or artificial urine];

            4) [Advertised] [Intended to be used] to alter the outcome of the urine test.

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NDCC 12.1-11-07
NDCC 19-03.1-01
NDCC 12.1-02-02