A person is guilty of harboring a runaway minor if that person willfully harbors a runaway minor with knowledge that the child is being sought by a law enforcement authority [and the person is not providing a temporary sanctuary].
ESSENTIAL ELEMENTS OF CRIME
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,
2) The Defendant, ________;
3) Willfully harbored a runaway minor;
4) Knowing that the child was being sought by a law enforcement agency;
[and, 5) the Defendant was not providing a temporary sanctuary to the runaway minor.]
[In determining whether a defendant was providing a temporary sanctuary to the runaway minor, (1) the runaway minor must be seeking refuge from a physically, sexually, or mentally abusive person, and (2) the duration of the sanctuary cannot exceed 72 hours.]
A runaway minor is defined as an unemancipated minor who is voluntarily absent from the minor’s home without the consent of the minor’s [parent] [parent entitled to custody] [legal guardian] with the intention of evading the direction or control of the [parent][legal guardian].
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