A person who is eighteen (18) years of age or older and delivers drug paraphernalia to another who is both under eighteen (18) years of age and at least three years younger than the deliverer, is guilty of Unlawful Delivery of Drug Paraphernalia.

In determining whether an object is drug paraphernalia, you should consider, in addition to all other relevant factors, the following: [Select relevant guidelines from NDCC 19-03.4-02.]

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,_______________, delivered certain drug paraphernalia, namely _______________, to _______________;

2) The Defendant, _______________, was then eighteen (18) years of age or older; and 3) _______________ was under eighteen (18) years of age and at least three (3) years younger than the Defendant, _______________.

DEFINITIONS [Insert relevant definitions. NDCC 19-03.1-01, 19-03.4-01.]

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