• 2003 - Theft of Services (Deception or Threat)
  • K-11.04
    • Services
    • Theft
    • Theft
    • Threats

  • A person who intentionally obtains services, known to be available only for compensation, by [deception] [threat] [false token] [or other means], to avoid payment for the services, is guilty of Theft.

     

    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 obtained [describe services] by [deception] [threat] [false token] [other means], to avoid payment for those services; and

     

    2) The Defendant knew then that those services were available only for compensation[.] [; and] [

     

    3) The Defendant did not honestly believe the Defendant had a valid claim to the services.] [

     

    4) The services stolen [exceeded ten thousand dollars in value] [were acquired or retained by a threat [to commit a [class A] [class B] felony] [to inflict serious bodily injury on the person threatened or on any other person]];] or [

     

    5) The services stolen exceeded five hundred dollars in value;] or [

     

    6) The services stolen [were [acquired] [retained] by threat and were [acquired] [retained] by a public servant by a threat to [take] [withhold] official action] [exceeded fifty dollars in value but not more than five hundred dollars];] or [

     

    7) The value of the services stolen exceeded fifty dollars but not more than five hundred dollars and were [acquired] [retained] by a public servant on the course of official duties.] [

     

    8) The value of the services stolen did not exceed two hundred fifty dollars and the theft was not committed by threat; and the theft was not committed by deception by one who stood in a confidential or fiduciary relationship to the victim of the theft; and the Defendant was not a public servant or an officer or employee of a financial institution who committed the theft in the course of official duties.] 2003 NDJI-CRIMINAL K - 11.04

     

    DEFINITIONS [Insert relevant definitions, NDCC 12.1-02-02, 12.1-23-10.]


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    • 12.1-23-03
    • 12.1-23-05
    • 12.1-23-05(3)
    • 12.1-23-09
    • 12.1-23-09(3)(a)
    • 12.1-23-10
  • Notes: The bracketed language in paragraph 3 should be used if there is evidence in the case sufficient to give rise to a reasonable doubt on the issue of the defense raised. The bracketed language in paragraphs 5 through 7 should be used, as appropriate, if a class C felony is charged. When using paragraph 6 and 7, note NDCC 12.1-23-09(3)(a) on prima facie case of theft dealing with a public servant. The bracketed language of paragraph 8 should be used if a class B misdemeanor is charged. Under NDCC 12.1-23-05(3), all theft of services offenses not otherwise provided for are class A misdemeanors.