A person who confers, agrees, or offers to confer any benefit [upon an employee or agent without the consent of the employee's or agent's employer or principal, with the intent to influence that person's conduct in relation to the employer's or principal's affairs] [upon any fiduciary without the consent of the beneficiary, with the intent to influence the fiduciary to act [or conduct [himself] [herself]] contrary to a fiduciary obligation] is guilty of Commercial Bribery.

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) Conferred, agreed, or offered to confer a benefit [upon _______________, an employee or agent of _______________, without the consent of _______________, the employer or principal, with the intent to influence _______________'s conduct in relation to the employer's or principal's affairs] [upon _______________, a fiduciary, without the consent of the beneficiary and with the intent to influence the fiduciary to act [or conduct [himself] [herself]] contrary to a fiduciary obligation], as follows:_______________.

DEFINITIONS [Insert relevant definitions. NDCC 12.1-02-02.]

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