• 1998 - Criminal Mischief
  • K-10.20
    • Criminal Mischief
    • Property
    • Damage To Property
    • Damage To Property

  • A person who willfully [tampers with tangible property of another person so as to endanger person or property] [damages tangible property of another person] is guilty of Criminal Mischief.

     

    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, _______________, willfully [tampered with _______________, tangible property of _______________, so as to endanger persons or property] [damaged _______________, tangible property of _______________]. [

     

    2) The Defendant intentionally caused pecuniary loss in excess of ten thousand dollars.] [

     

    3) [The Defendant intentionally caused pecuniary loss in excess of two thousand dollars] The Defendant damaged tangible property of another by means of an explosive or destructive devise].] [

     

    4) The Defendant recklessly caused pecuniary loss in excess of two thousand dollars] The Defendant intentionally caused pecuniary loss of one hundred dollars or more].]

     

    DEFINITIONS [Insert relevant definitions. NDCC 12.1-01-04,12.1-02-02.]


    *****

    • 12.1-21-05
    • Froemke v. Parker, 171 NW 284 (ND 1919)
  • Notes: (2004 - reviewed with no changes)Paragraph 2 should be used if a class B felony is being charged; paragraph 3 should be used if a class C felony is being charged; paragraph 4 should be used if a class A misdemeanor is charged; otherwise the offense is a class B misdemeanor.