• 2006 - Murder (Extreme Indifference to Human Life)
  • K-6.02
    • Acts Dangerous To Life
    • Homicide
    • Homicide

  • A person is guilty of murder if the person willfully causes the death of another human being under circumstances manifesting extreme indifference to the value of human life.

     

    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, the Defendant, _______________, willfully caused the death of _______________, a human being; and

     

    2) The death of _______________ was caused under circumstances manifesting extreme indifference to human life[.] [;and]

     

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

     

    DEFINITIONS [Insert relevant definitions. NDCC 12.1-02-02.]

    *****

    • 12.1-16-01(2)
    • State v. Halvorson, 346 NW2d 704 (ND 1984)
  • Notes: If there is sufficient evidence supporting a claim of self-defense, use bracketed element number 3.