search again NDJI - criminal Showing 91 to 100 of 293 :First Item ::Previous 10 Next 10:: Last Item:   Murder - Class A Felony (Extreme Emotional Disturbance) 2006- Homicide K - 6.15 [If you find the Defendant not guilty of Murder, [a class AA felony,] then you must consider whether the Defendant is guilty of Murder, a class A felony, an offense necessarily included in the offense charged.] A person is guilty of Murder, a class A felony, if the person intentionally or knowingly causes the death of another human being under circumstances which would be murder, except for the fact that the person acted under the influence of extreme emotional disturbance for which there is reasonable excuse. The reasonableness of the excuse is determined from the viewpoint of a person in that situation under the circumstances as the person believes them to be. An extreme emotional disturbance is excusable if it is occasioned by substantial provocation, serious event, or a situation for which the offender was not culpably responsible. 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, _______________, intentionally or knowingly caused the death of _______________, a human being; and 2) The death was caused by the Defendant under circumstances that would sustain a finding of guilty of the crime of Murder, a class AA felony, except for the fact that the Defendant acted under the influence of extreme emotional disturbance for which there was reasonable excuse[.] [;and] [3) The Defendant did not act in self-defense.] DEFINITIONS [Insert relevant definitions. NDCC 12.1-01-04; 12.1-02-02.]   NDCC 12.1-16-01(2) State v. Olander, 1998 ND 50, ¶¶ 20, 23, 575 NW2d 658 State v. Trieb, 315 NW2d 649, 659 (ND 1982) Note: See NDJI K - 6.16 for the definition of "extreme emotional disturbance." The bracketed paragraph should be omitted if the Defendant is not charged with Murder, a class AA felony, in which case the definition of Murder, a class AA felony, must also be stated. State v. Halvorson, 346, NW2d 704 (ND 1984); State v. Dilger, 338 NW2d 87 (ND 1983). If there is evidence supporting a claim of self-defense, use bracketed element number 3. Extreme Emotional Disturbance 1985- Homicide K - 6.16 "Extreme emotional disturbance" means the emotional state of an individual who 1) has no mental disease or defect that affects accountability; 2) is exposed to an extremely unusual and overwhelming stress; and 3) has an extreme emotional reaction to it, as a result of which there is a loss of self control, and reason is overborne by intense feelings, such as passion, anger, distress, grief, excessive agitation, or other similar emotions.   State v. Trieb, 315 NW2d 649, 659 (ND 1982) People v. Shelton, 385 NYS2d 708, 717-718 ( 1976) State v. Elliott, 411 A2d 3, 8 (1979) Vol. II, Working Papers of the National Committee on Reform of Federal Criminal Laws, Comment on Homicide, at 829 Note: 2006 - Reviewed with no changes. Manslaughter (Reckless Conduct) 2006- Homicide K - 6.20 [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.   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) Note: 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. Negligent Homicide(Negligently Causes Death) 2006- Homicide K - 6.30 [If you find the Defendant not guilty of the crime of Manslaughter, then you must consider whether the Defendant is guilty of the crime of Negligent Homicide, an offense that is necessarily included in the offense charged.] A person who negligently causes the death of another human being is guilty of "Negligent Homicide." 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 Defendant engaged in the conduct, which caused the death of said _______________ in unreasonable disregard of the substantial likelihood of the existence of relevant facts or risks, a disregard involving a gross deviation from acceptable standards of conduct[.] [;and] [3) The Defendant did not act in self-defense.] DEFINITIONS A person engages in conduct "negligently" if the person engages in the conduct in unreasonable disregard of a substantial likelihood of the existence of relevant facts or risks, a disregard involving a gross deviation from acceptable standards of conduct.   NDCC 12.1-02-02(1)(d) State v. Olander, 1998 ND 50, ¶¶ 20, 23, 575 NW2d 658 State v. Leidholm, 334 NW2d 811, 821 (ND 1983) State v. Schlickenmayer, 334 NW2d 195, 198 (ND 1983) State v. Skjonsby, 319 NW2d 764, 777 (ND 1982) Note: Negligent Homicide is not limited to motor vehicle homicides; it covers any homicide caused "negligently." The bracketed language of the first paragraph should be omitted if the Defendant is not charged with Manslaughter. If there is sufficient evidence supporting a claim of self-defense, use bracketed element number 3. See also: See also Ch. 12.1-05 (defenses and accompanying jury instructions) Definitions For Sex Offenses 2003- Sex Crimes K - 7.01 "Deviate sexual act" means any form of sexual contact with an animal, bird, or dead person. "Object" means anything used in commission of a sexual act other than the person of the actor. "Sexual act" means sexual contact between human beings consisting of contact between [the penis and the vulva] [the penis and the anus] [the mouth and the penis] [the mouth and the vulva] [the use of an object which comes in contact with the victim's anus, vulva, or penis] [,or] [any other portion of the human body and the penis, anus or vulva]. Sexual contact between [the penis and the vulva] [the penis and the anus] [an object and the anus, vulva, or penis of the victim] [,or] [any other portion of the human body and the penis, anus, or vulva] occurs upon penetration, however slight. Emission is not required. "Sexual contact" means any touching whether or not through the clothing or other covering of the sexual or other intimate parts of the person for the purpose of arousing or satisfying sexual or aggressive desires.   NDCC 12.1-20-02 Gross Sexual Imposition (Force or Threat) (Sexual Act) 2007- Sex Crimes K - 7.10 A person who willfully [engages in a sexual act with another person] [causes another person to engage in a sexual act] is guilty of Gross Sexual Imposition if the actor compels another person to submit by force or by threat of imminent death, serious bodily injury, or kidnapping, to be inflicted on any human being. 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 [engaged] [caused to engage] in a sexual act with _______________; 2) The Defendant did so by willfully compelling to submit by force or by threat of imminent death, serious bodily injury, or kidnapping, to be inflicted on , a human being[.] [;and] [3) As a result of injuries sustained during the course of the offense, ____________________ died.] DEFINITIONS [Insert relevant definitions. NDCC 12.1-01-04, 12.1-02-02, 12.1-20-02.]   NDCC 12.1-20-01(2), 12.1-20-03(1)(a) Gross Sexual Imposition (Impaired Power to Resist) (Sexual Act) 2007- Sex Crimes K - 7.11 A person who willfully [engages in a sexual act with another person] [causes another person to engage in a sexual act] is guilty of Gross Sexual Imposition, if the actor, or someone with the actor’s knowledge, has substantially impaired the other person’s power to appraise or control the other person’s conduct by administering or employing without the other person’s knowledge, intoxicants, a controlled substance, or other means with intent to prevent resistance. ESSENTIAL ELEMENTS OF THE 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 [engaged] [caused _______________ to engage] in a sexual act with _______________; 2) The [Defendant] [or] [someone with the Defendant’s knowledge] did so by substantially impairing _______________’s power to appraise or control ______________’s conduct by administering or employing without _______________’s knowledge, [intoxicants, a controlled substance, or other means] with intent to prevent resistance[.] [; and] [3) In the course of the offense, the Defendant inflicted serious bodily injury on .] [4) As a result of injuries sustained during the course of the offense, ________________ died.] DEFINITIONS [Insert relevant definitions. NDCC 12.1-02-02; NDJI K - 7.01.]   NDCC 12.1-20-01(2), 12.1-20-02, 12-20-03(1)(b) Note: Paragraph 3 or paragraph 4 should be used if a class AA felony is charged. Gross Sexual Imposition (Victim Unaware) (Sexual Act) 2007- Sex Crimes K - 7.12 A person who willfully [engages in a sexual act with another person] [causes another person to engage in a sexual act] is guilty of Gross Sexual Imposition, if the actor knows that the other person is unaware that a sexual act is being committed. 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 [engaged] [caused _______________ to engage] in a sexual act with _______________; and 2) The Defendant did so knowing that _______________ was unaware that a sexual act was being committed[.] [; and] [3) In the course of the offense, the Defendant inflicted serious bodily injury on ______________.] [4) As a result of injuries sustained during the course of the offense, ________________ died.] DEFINITIONS [Insert relevant definitions. NDCC 12.1-02-02, 12.1-20-02.]   NDCC 12.1-20-01, 12.1-20-03(1)(c) Note: Use the bracketed language of paragraph 3 or paragraph 4 if a class AA felony is charged. Gross Sexual Imposition (Victim Less Than Fifteen-Years-Old) (Sexual Act) 2007- Sex Crimes K - 7.13 A person who willfully [engages in a sexual act with another person] [causes another person to engage in a sexual act] is guilty of Gross Sexual Imposition if the other person was less than fifteen (15)-years-old. 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 [engaged] [caused _______________ to engage] in a sexual act with _______________; 2) _______________was less than fifteen (15)-years-old; and [3) In the course of the offense, the Defendant inflicted serious bodily injury on _______________.] [4) The Defendant, , was more than five years older than _________________ at the time of the offense.] [5) The Defendant , , was at least four but not more than five years older than ________________.] [6) As a result of injuries sustained during the course of the offense, ________________ died.] DEFINITIONS [Insert relevant definitions. NDCC 12.1-02-02, 12.1-20-02.]   NDCC 12.1-20-01(2), 12.1-20-03(1)(d) Note: Paragraph 3, 4, or 6 should be used if a class AA felony is charged. Paragraph 5 should be used if a Class C felony is charged. Gross Sexual Imposition (Mental Disease or Defect) (Sexual Act) 2007- Sex Crimes K - 7.14 A person who willfully [engages in a sexual act with another person] [causes another person to engage in a sexual act] is guilty of Gross Sexual Imposition if the actor knows or has reasonable cause to believe that the other person suffers from a mental disease or defect that prevents understanding the nature of the conduct. 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 [engaged] [caused to engage] in a sexual act with _______________; and 2) The Defendant then knew or had reasonable cause to believe that suffered from a mental disease or defect that prevented understanding the nature of the conduct[.] [; and] [3) In the course of the offense, the Defendant inflicted serious bodily injury on _______________.] [4) As a result of injuries sustained during the course of the offense, ________________ died.] DEFINITIONS [Insert relevant definitions. NDCC 12.1-01-04, 12.1-02-02, 12.1-20-02.]   NDCC 12.1-20-01(2), 12.1-20-03(1)(e) Note: Paragraph 3 or paragraph 4 should be used if a class AA felony is charged.