A person who places in a newspaper, magazine, handbill, or other publication published in this state, an advertisement of an electronic, mechanical, or other device, knowing that the design of such device renders it primarily useful for secret interception of wire or oral communications, or knowing that such advertisement promotes the use of such device for secret interception of wire or oral communications is guilty of the offense of Advertising in Intercepting Devices.

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, ___________________________, willfully placed an advertisement in a newspaper, magazine, handbill, or other publication that was published in this state;

3)  The advertisement was for an electronic, mechanical or other device; and

4)  Knowing [the design of the device rendered it primarily useful for secret interception of wire or oral communications] [the advertisement promoted the use of the device for secret interception of wire or oral communications].

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NDCC 12.1-15-03(2)
NDCC 12.1-15-04
NDCC 12.1-02-02