A person who, with intent to prevent a public servant from effecting an arrest of that person or another for a misdemeanor or infraction, or from discharging any other official duty, [willfully creates a substantial risk of bodily injury to the public servant or to anyone else] [willfully employs means justifying or requiring substantial force to overcome resistance to effecting the arrest or the discharge of the duty], 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 of the Defendant or another for a misdemeanor or infraction] [from discharging any official duty]; and

2) 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 resistance to effecting the arrest or the discharge of the duty].

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

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