A person, whether or not acting under color of law, who by force, threat of force, or by economic coercion, intentionally injures, intimidates, or interferes with another because of sex, race, color, religion, or national origin [and because that person is or has been exercising or attempting to exercise the right to full and equal enjoyment of any facility open to the public] [in order to intimidate that person or any other person from exercising or attempting to exercise the full right and equal enjoyment of any facility open to the public], is guilty of Discrimination in Public Places.

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, _______________, whether or not acting under color of law, by force, threat of force, or by economic coercion;

2) Intentionally injured, intimidated, or interfered with another because of sex, race, color, religion, or national origin [and because _______________ was exercising or attempting to exercise the right to full and equal enjoyment of any facility open to the public] [in order to intimidate _______________ or any other person from exercising or attempting to exercise the right to full and equal enjoyment of any facility open to the public], as follows:_______________.

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

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