• 1985 - Tampering With or Damaging Public Service (Intentional)
  • K-10.30
    • Criminal Mischief
    • Fire
    • Property
    • Public Facility
    • Damage To Property
    • Damage To Property

  • A person who intentionally causes a substantial interruption or impairment of a public communication, transportation, supply of water, gas, or other public service by [tampering with or damaging the tangible property of another person] [incapacitating an operator of that service] [negligently damaging the tangible property of another person by fire, explosive, or other dangerous means] is guilty of Tampering With or Damaging a Public Service.

     

    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, _______________, intentionally caused a substantial [interruption] [impairment] of _______________, a public [communication] [transportation] [supply of water] [gas service] [power service] [_______________‘s public service]; and

     

    2) The Defendant did so by [tampering with or damaging _______________, the tangible property of _______________] [incapacitating _______________, an operator of that service] [negligently damaging _______________, tangible property of _______________, by [fire] [explosive] [dangerous means].

     

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


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    • 12.1-21-06
    • Rynestad v. Clemetson, 133 NW2d 559 (ND 1965)
  • Notes: (2004 - reviewed with no changes)