A person acting or purporting to act in an official capacity or taking advantage of such actual or purported capacity who, knowing that the conduct is illegal, willfully [subjects another to arrest, detention, search, seizure, mistreatment, dispossession, assessment, lien, or other infringement of personal or property rights] [denies or impedes another in the exercise or enjoyment of any right, privilege, power, or immunity] is guilty of Official Oppression.

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, _______________, while acting or purporting to act in an official capacity, and while taking advantage of such actual or purported capacity, and knowing that the conduct was illegal;

2) Willfully [subjected _______________, to arrest, detention, search, seizure, mistreatment, dispossession, assessment, lien, or other infringement of personal or property rights] [denied or impeded _______________ in the exercise of any right, privilege, power, or immunity] as follows:_______________.

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

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