A person is guilty of Breaking Into or Concealment Within a Vehicle, if, with knowledge of not being licensed or privileged to do so, and while armed with a firearm, destructive device, or other weapon, the possession of which under the circumstances indicates an intent or readiness to inflict serious bodily injury, the person [forcibly enters a vehicle, vessel, or aircraft] [with the intent to commit a crime, willfully enters a vehicle, vessel, or aircraft, without the use of force] [with intent to commit a crime, enters a vehicle, vessel, or aircraft lawfully, and willfully hides in a vehicle, vessel, or aircraft].

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, _______________;

2) Acting willfully;

3) [forcibly entered a [vehicle] [vessel][aircraft], namely, __________ ][without the use of force, but with the intent to commit a crime, entered a [vehicle] [vessel] [aircraft] namely, ____________] [with intent to commit a crime, lawfully entered a [vehicle] [vessel] [aircraft] and willfully hid in a ] [vehicle] [vessel] [aircraft] namely, _______________];

4) The Defendant did so with knowledge of not being licensed or privileged to do so; and

5) The Defendant was armed with a [firearm] [destructive device] [other weapon], the possession of which under the circumstances indicated an intent or readiness to inflict serious bodily injury.

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

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