A person who, [believing an official proceeding is pending or about to be instituted,] [believing process, demand, or order has been issued or is about to be issued], alters, destroys, mutilates, conceals, or removes a record, document, or thing with intent to impair its true form or availability [in such official proceeding] [for the purposes of such process, demand, or order], is guilty of tampering with physical evidence.

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 an official proceeding was pending or about to be instituted,] [Believed process, demand, or order had been issued or was about to be issued];

4) Altered, destroyed, mutilated, concealed, or removed a record, document, or thing; and

5) Intended to impair its true form or availability [in such official proceeding] [for the purposes of such process, demand, or order]. [; and

6) The Defendant’s acts substantially obstructed, impaired, or perverted the prosecution for a felony.]

DEFINITIONS

Process, demand, or order means process, demand, or order authorized by law for the seizure, production, copying, discovery, or examination of a record, document, or thing.