• 2003 - Tampering With Witnesses and Informants in Proceedings (Use of Force, Threat, Deception, or Bribery)
  • K-15.00
    • Bribery
    • Force
    • Public Crimes
    • Public Crimes
    • Tampering
    • Threats
    • Witnesses

  • A person who uses force, threat, deception, or bribery with intent [to influence another's testimony in an official proceeding] [[to induce or otherwise cause another][ to withhold any testimony, information, document, or thing from an official proceeding, whether or not the other person is legally privileged to do so] [to tamper with physical evidence][ to elude legal process summoning that person to testify in an official proceeding] [to fail to appear at or to leave an official proceeding after being summoned]], is guilty of Tampering With Witnesses and Informants in Proceedings.

     

    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, _______________, used force, threat, deception, or bribery;

     

    2) With intent [to influence the testimony of _______________, in an official proceeding] [[to induce or otherwise cause another] [to withhold any testimony, information, document, or thing from an official proceeding, whether or not _______________, was legally privileged to do so] [to tamper with physical evidence] [to elude legal process summoning the person to testify in an official proceeding] [to fail to appear at or to leave an official proceeding after being summoned]].

     

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


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    • 12.1-01-03(1)(e)
    • 12.1-01-03(3)
    • 12.1-01-04(23)
    • 12.1-09-01(1)
    • Bye v. Mack, 519 NW2d 302 (ND 1994)
    • State v. Howe, 247 NW2d 647 (ND 1976)
    • Wastvedt v. Vaaler, 430 NW2d 561 (ND 1988)
  • Notes: It is a defense to a prosecution for the use of threat with intent to influence another's testimony that the threat was not of unlawful harm and was used solely to influence the other to testify truthfully. Pursuant to 12.1-01-03(1)(e), the nonexistence of a defense is an element of the offense if there is evidence in the case sufficient to give rise to a reasonable doubt on the issue. It is an affirmative defense in a prosecution for bribery, that any consideration for a person's refraining from investigating or pressing the prosecution of an offense was 2003 NDJI-CRIMINAL K - 15.00 limited to restitution or indemnification for harm caused by the offense. Pursuant to 12.1-01-03(3), an affirmative defense must be proved by the Defendant by a preponderance of the evidence and is not an element of the offense charged. See NDJI K - 4.30, Affirmative Defense - Burden of Proof. See NDCC 12.1-09-03, Tampering with Physical Evidence.