Any person who willfully fails or refuses to stop or who otherwise flees or attempts to elude, in any manner, a pursuing peace officer, when given a visual or audible signal to stop is guilty of refusing to halt.

ESSENTIAL ELEMENTS OF THE 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 [City][County], North Dakota;

2) The Defendant, _______________________, willfully failed or refused to stop or otherwise fled or attempted to elude, in any manner, a pursuing peace officer, when given a visual or audible signal to stop; and

3)  The signal to stop must be perceptible to the Defendant and:

a) If given from a vehicle, the signal must be given by hand, voice, emergency light, or siren, and the vehicle is appropriately marked showing it to be an official law enforcement vehicle; or

b) If not given from a vehicle, the signal must be given by hand, voice, emergency light, or siren, and the officer is in uniform or prominently displays the officer’s badge of office.

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NDCC 12.1-02-02
NDCC 12.1-08-11.