A person who, with intent to prevent a public servant from effecting an arrest of that person or another for a class A, B, or C felony, willfully creates a substantial risk of bodily injury to the public servant or to anyone else, or willfully employs means justifying or requiring substantial force to overcome resistance to effecting the arrest, is guilty of Preventing Arrest or Discharge of Other Duties.

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, _______________, intended to prevent a public servant, _______________, from effecting an arrest or arresting the Defendant or another for a felony; and

2) In doing so, the Defendant willfully [created a substantial risk of bodily injury to the public servant or to anyone else] [employed means justifying or requiring substantial force to overcome the Defendant's resistance to accomplishing or effecting the arrest].

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

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