A person who knowingly or recklessly causes a substantial interruption or impairment of a public communication, transportation, supply of water, gas, power, or other public service by [tampering with or damaging 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, _______________, knowingly or recklessly 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, or other dangerous means].

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

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