A person who, in the course of committing a theft, willfully [possesses or pretends to possess a firearm, destructive device, or other dangerous weapon] [menaces another with serious bodily injury] [inflicts bodily injury upon another] [or] [is aided by an accomplice actually present] and while doing so willfully inflicts or attempts to inflict bodily harm upon another, or threatens or menaces another with imminent bodily injury, is guilty of Robbery.

ESSENTIAL ELEMENTS OF OFFENSE

The State’s burden of proof 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, _______________, was engaged in committing a theft;

2) In the course of committing the theft the Defendant willfully [possessed or pretended to possess a firearm, destructive device, or other dangerous weapon] [menaced one _______________ with serious bodily injury] [inflicted bodily injury upon another] [was aided by an accomplice who was actually present]; and

3) While doing so, the Defendant willfully [inflicted or attempted to inflict bodily injury upon_______________] [or] [threatened or menaced _______________with imminent bodily injury].

DEFINITIONS An act is deemed "in the course of committing a theft," if it occurs in an attempt to commit a theft, whether or not the theft is successfully completed, or in immediate flight from the commission of, or an unsuccessful effort to commit, the theft. ["Dangerous weapon" includes any [switchblade or gravity knife, machete, scimitar, stilletto, sword or dagger;] [any billy, blackjack, sap, bludgeon, cudgel, metal knuckles, or sand club;] [any slingshot;] [any bow and arrow, crossbow, or spear;] [any weapon that will expel, or is readily capable of expelling, a projectile by the action of a spring, compressed air, or compressed gas, including any such weapon, loaded or unloaded, commonly referred to as a BB gun, air rifle, or CO2 gun;] [any projector of a bomb or any object containing or capable of producing and emitting any noxious liquid, gas, or substance;] [or] [a weapon the possession of which under the circumstances indicates an intent or readiness to inflict serious bodily injury].] [Insert relevant definitions. NDCC 12.1-01-04, 12.1-02-02.]

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