• 1985 - Arming Rioters
  • K-17.05
    • Destructive Devices
    • Disorderly Conduct
    • Firearms
    • Public Crimes
    • Public Crimes
    • Riots
    • Weapons
  • A person who [knowingly supplies a firearm, dangerous weapon, or destructive device for use in a riot] [willfully teaches another person to prepare or use a firearm, dangerous weapon, or destructive devices with the intent that it be used in a riot] [is knowingly armed with a firearm, dangerous weapon, or destructive device while engaging in a riot], is guilty of Arming Rioters.

     

    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) [Knowingly supplied a firearm, dangerous weapon, or destructive device to _______________, for use in a riot] [willfully taught _______________ to prepare or use a firearm, dangerous weapon or destructive device with the intent that it be used in a riot] [While willfully engaged in a riot, was knowingly armed with a firearm, dangerous weapon, or destructive device].

     

    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, 62-01-01.]


    *****

    • 12.1-25-02
    • 62-01-01
    • 47-16-13.1
    • Bellemare v. Gateway Builders, Inc., 420 NW2d 733, (ND 1988)
    • Capsco Prod., Inc. v. Savageau, 493 NW2d 650 (ND 1992)
    • Francis v. Pic, 226 NW2d 654 (ND 1975)
    • Huss v. Ringo, 39 NW2d 505 (ND 1949)
  • Notes: 2009 - reviewed with no changes