• 2004 - Tampering With or Damaging Public Service
  • K-10.34
    • Fire
    • Property
    • Public Facility
    • Damage To Property
    • Damage To Property

  • A person who [willfully] 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] [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, _______________, [willfully] 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 [willfully] [tampering with or damaging_______________, the tangible property of _______________] [incapacitating _______________, an operator of that service] [damaging _______________, tangible property of _______________, by fire, explosive, or other dangerous means].

     

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


    *****

    • 12.1-21-06
  • Notes: It is unclear what the culpability standard is for the class B misdemeanor charge under NDCC 21.1-31-06. The word “willfully” is used in this instruction pursuant to NDCC 12.1-02-02(2).