A person who knowingly [offers, gives, or agrees to give] [solicits, accepts, or agrees to accept] a thing of pecuniary value for exerting or procuring another to exert special influence upon a public servant with respect to legal duty or official action as a public servant is guilty of Trading in Special Influence.

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;

2) The Defendant, _______________, knowingly [offered, gave, or agreed to give] [solicited, accepted, or agreed to accept] _______________, a thing of pecuniary value; 3) For exerting or procuring another to exert special influence upon a [public servant] [party official] with respect to legal duty or official action as a [public servant] [party official].

DEFINITIONS "Special influence" means power to influence through kinship or by reason of position as a [public servant] [party official]. "Party official" means a person who holds a position or office in a political party, whether by election, appointment, or otherwise. [Insert relevant definitions. NDCC 12.1-01-04, 12.1-02-02.]

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