A person who knows that a fire, although lawfully started or maintained by the person or with that person’s assent, is endangering life or a substantial amount of another person’s property and willfully fails [to take reasonable measures to put out or control the fire when this can be done without substantial personal risk] [to give a prompt fire alarm], is guilty of Failure to Control or Report a Dangerous Fire.

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, _______________, knowing that a fire which was started or maintained, although lawfully done so by _______________ or with _______________‘s assent, was endangering life or a substantial amount of property of _______________; and

2) The Defendant willfully failed [to take reasonable measures to put out or control the fire when this could have been done without substantial risk to the Defendant] [to give a prompt fire alarm].

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

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