A person who, in the course of committing a theft, willfully [fires a firearm] [explodes or hurls a destructive device] [directs the force of any [other] dangerous weapon] against another person and while doing so willfully inflicts or attempts to inflict bodily injury upon another person, or willfully threatens or menaces another person with imminent bodily injury, is guilty of Robbery.

ESSENTIAL ELEMENTS OF OFFENSE

The States’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, _______________, was engaged in committing a theft;

2) In the course of committing the theft, the Defendant willfully [fired a firearm] [exploded or hurled a destructive device] [directed the force of _______________, a dangerous weapon] against _______________; and

3) While doing so, the Defendant willfully [inflicted or attempted to inflict bodily injury upon_______________] [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. N.D.C.C. 12.1-01-04, 12.1-02-02.]

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