• 2006 - Manslaughter (Reckless Conduct)
  • K-6.20
    • Acts Dangerous To Life
    • Homicide
    • Homicide

  • [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 INCLUDED 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;

     

    2) The death was caused recklessly by the Defendant[.] [;and]

     

    [3) The Defendant did not act in self-defense.] DEFINITIONS 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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    • 12.1-01-04(15)
    • 12.1-16-01
    • 12.1-02-02(1)(c)
    • State v. Granrud, 301 NW2d 198 (ND 1981)
    • State v. Leidholm, 334 NW2d 811 (ND 1983)
    • State v. Trieb, 315 NW2d 649 (ND 1982)
  • Notes: The first bracketed paragraph should be omitted if the Defendant is not charged with murder. If there is sufficient evidence supporting a claim of self-defense, use bracketed element number 3.