• 2011 - Tampering With Informant(s) in a Criminal Investigation
  • K-15.01
    • Tampering

  • A person who, believing another may have information relating to an offense, [deceives such other person] or [employs (force), (threat), or (bribery)] with intent to hinder, delay, or prevent communication of such information to a law enforcement officer, is guilty of tampering with an informant(s) in a criminal investigation.

     

    ESSENTIAL ELEMENTS OF OFFENSE CHARGED

     

    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) Believed another person may have had information relating to an offense;

     

    4) [Deceived such other person] [or] [Employed (force), (threat), or (bribery)]; and

     

    5) Intended to hinder, delay, or prevent communication of such information to a law enforcement officer.

  • Notes: It is an affirmative defense in a prosecution under this section based on bribery that any consideration for a person's refraining from instigating or pressing the prosecution of an offense was to be limited to restitution or indemnification for harm caused by the offense. Pursuant to NDCC 12.1-01-03(3), an affirmative defense must be proved by the Defendant by a preponderance of the evidence and is not an element of the offense charged. See NDJI K - 4.30, Affirmative Defense - Burden of Proof.