• 1985 - Inciting Riot (One Hundred or More Persons)
  • K-17.01
    • Disorderly Conduct
    • Prisons
    • Public Crimes
    • Public Crimes
    • Riots
  • A person who willfully gives commands, instructions, or directions to five or more persons in furtherance of a riot involving one hundred or more people is guilty of Inciting Riot.

     

    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) Willfully commanded, instructed, or directed five or more persons in the furtherance of a riot involving one hundred or more people.

     

    DEFINITIONS "Riot" means a public disturbance involving an assemblage of five or more persons which by tumultuous and violent conduct creates grave danger of damage or injury to property or persons, or substantially obstructs law enforcement or other government function. [Insert other relevant definitions. NDCC 12.1-01-04, 12.1-02-02.]


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    • 12.1-25-01
    • State v. Hidanovic, 2008 ND 66, 747 NW2d 463
  • Notes: 2009 - reviewed with no changes; citation added