• 2009 - Facilitation of Counterfeiting (Trafficking in Counterfeit)
  • K-18.20
    • False Instruments
    • Forgery
    • Public Crimes
    • Public Crimes
  • A person who, except as authorized by statute or by regulation, knowingly sells, buys, imports, possesses, or otherwise has within his control any photograph or copy of [money or other obligation or security of this government or of any foreign government] [any plate, stone, tool, die, mold, or other implement or thing uniquely associated with or fitted for the preparation of any money or other obligation that purports to be made by this government or any foreign government], is guilty of Facilitation of Counterfeiting.

     

    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, _______________, knowingly [sold,] [bought,] [imported,] [possessed,] [or otherwise had within his control] [any photograph] [or] [copy of [money or obligation or security, namely _______________, [of this government] [or] [of _______________, a foreign government, or any part thereof] [or] [any photograph or copy of any [plate,] [stone,] [tool,] [die,] [mold,] [or other implement or thing,] uniquely associated with or fitted for the preparation of any writing that purports to be made by [this government] [or] [by_______________, a foreign government] [; and] [

     

    2) The Defendant was not authorized by statute or regulation to engage in the conduct described above.] [3) The [implement] [impression] relates to the forging or counterfeiting of an [obligation] [security] of a government.]

     

    DEFINITIONS [Insert relevant definitions. NDCC 12.1-01-04, 12.1-02-02, 12.1-24-04]


    *****

    • 12.1-24-02(2)(b)
    • 12.1-24-04
  • Notes: If there is sufficient evidence supporting a claim of authorization by statute or regulation, use bracketed element two. The bracketed language of element three should be used if a class B felony is charged. Otherwise it is a class C felony.