A person who willfully presents or directs an obscene performance for pecuniary gain, or willfully participates in any portion of a performance which contributes to the obscenity of the performance as a whole, is guilty of Obscene Performance.

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 [[directed] [presented] an obscene performance, namely _______________, for pecuniary gain] [participated in any portion of a performance, namely _______________, which contributed to the obscenity of the performance as a whole.]

DEFINITIONS [Insert relevant definitions. NDCC 12.1-01-14, 12.1-02-02, 12.1-27.1-01(5) and (9).]

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