• 2006 - Murder (While Committing Crime)
  • K-6.03
    • Accomplices And Accessories
    • Arson
    • Burglary
    • Death
    • Homicide
    • Homicide
    • Kidnapping
    • Prisons
    • Rape
    • Robbery
    • Sexual Offenses

  • A person is guilty of Murder if that person, acting either alone or with one or more persons, willfully commits or attempts to commit [Treason] [Robbery] [Burglary] [Kidnapping] [Felonious Restraint] [ Arson] [Gross Sexual Imposition] [Escape] [the felony offense of _______________ against a child], and in the course of and in furtherance of that crime or of immediate flight from it, the person or another participant willfully causes the death of any person.

     

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

     

    2) The Defendant, acting either alone or with one or more persons willfully committed or attempted to commit [Treason] [Robbery] [Burglary] [Kidnapping] [Felonious Restraint] [Arson] [Gross Sexual Imposition] [Escape] [the felony offense of _______________ against a child], and in the course of and in furtherance of that crime or of immediate flight from it, the Defendant or another participant, willfully caused the death of _______________[.] [;and]

     

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

     

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


    *****

    • 12.1-16-01(1)
    • 12.1-20-03
    • 12.1-27.2-02
    • 12.1-27.2-03
    • 12.1-27.2-04
    • 14-09-22
  • Notes: If the charge alleges a felony offense against a child, insert the applicable allegation from NDCC 12.1-20-03, 12.1-27.2-02, 12.1-27.2-03, 12.1-27.2-04, or 14-09-22. If there is sufficient evidence supporting a claim of self-defense, use bracketed element number 3.