• 2008 - False Representation of Marital Status
  • K-7.44
    • Sexual Offenses
    • Sex Crimes
    • Sex Crimes
  • An individual is guilty of an offense if [he] [she] lives openly and notoriously with an individual of the opposite sex as a married couple without being married to the other individual and falsely represents the couple’s status as being married to each other.

     

    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, _______________, and _______________, a person of the opposite sex, willfully lived together as a married couple;

     

    2) The Defendant and _______________ lived together openly and notoriously; and

     

    3) The Defendant and _______________ were not then married to each other; and

     

    4) The Defendant falsely represented the couple’s status as being married to each other.

     

    DEFINITIONS "Openly" means undisguised and unconcealed as opposed to hidden and secret. "Notoriously" means generally known, as a matter of common knowledge, in the community in which the individuals lived together. [Insert other relevant definitions.


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    NDCC 12.1-02-02.]

    • 12.1-20-10
    • Atate v. Hoffman, 282 NW 407 (ND 1938)
  • Notes: 2003 Reviewed with no changes.