A person who willfully intermarries, cohabits, or has sexual intercourse with a relative within a degree of consanguinity in which a marriage is declared by law to be incestuous and void, while knowing the other person to be within the prohibited degree of relationship, is guilty of Incest.

A marriage between [grandparent and grandchild of every degree] [parent and child of every degree] [brother and sister of the half as well as whole blood] [uncles and nieces of the half as well as the whole blood] [aunts and nephews of the half as well of the whole blood] [first cousins of the half as well as the whole blood] are incestuous and void.

ESSENTIAL ELEMENTS OF OFFENSE

The State’s burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following elements:

1) The Defendant, _______________, willfully [married] [cohabitated with] [had sexual intercourse with] _______________on or about [month] [day] [year], in [County]North Dakota; and

2) The Defendant then knew that _______________ was the [grandparent] [parent] [child] [brother] [sister] [uncle] [niece] [aunt] [nephew] [first cousin] of _______________.

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

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