[If you find the Defendant not guilty of the crime of murder, then you must consider whether the Defendant is guilty of the crime of manslaughter, an offense necessarily included in the offense charged.]
A person who recklessly causes the death of another human being is guilty of manslaughter.
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, _________________;
4. Caused the death of _______________, a human being[.][; and]
[5. The Defendant did not act in self-defense.]
A person engages in conduct “recklessly” if the person engages in the conduct in conscious and clearly unjustifiable disregard of a substantial likelihood of the existence of the relevant facts or risks, such disregard involving a gross deviation from acceptable standards of conduct. Awareness of the risk is not required where its absence is due to self-induced intoxication.
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NDCC 12.1-16-01, 12.1-02-02(1)(c), 12.1-01-04(15)
State v. Olander, 1998 ND 50 ¶¶ 20, 23, 575 NW2d 658
State v. Leidholm, 334 NW2d 811, 816, 821 (ND 1983)
State v. Trieb, 315 NW2d 649, 657 (ND 1982)
State v. Granrud, 301 NW2d 398, 403 (ND 1981)