A person who, during employment as a public servant or within one year thereafter, in contemplation of official action by that person as a public servant or by a government agency with which the person is or has been associated as a public servant, or in reliance on information to which that person has or had access only in that person’s capacity as a public servant,

[acquires a pecuniary interest in property, transaction, or enterprise which may be affected by such information or official action] [speculates or wagers on the basis of such information or official action]

[aids another to [acquire a pecuniary interest in property, transaction, or enterprise which may be affected by such information or official action] [speculate or wager on the basis of such information or official action]],

is guilty of Speculating or Wagering on Official Action or Information.

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; 

2) The Defendant, _________, during employment as a public servant or within one year thereafter;

3) In contemplation of or in reliance on [the Defendant’s official action as a public servant][official action by a governmental agency the Defendant had been associated with as a public servant] [information the Defendant has or had access to only in the Defendant’s capacity as a public servant]; and

[4) Willfully [acquired a pecuniary interest in property, transaction, or enterprise which may be affected by such information or official action] [speculated or wagered on the basis of such information or official action]]

[4) Willfully aided another to [acquire a pecuniary interest in property, transaction, or enterprise which may be affected by such information or official action] [speculate or wager on the basis of such information or official action]].

* * * * *

NDCC 12.1-13-02(1)
NDCC12.1-01-04(27)
NDCC12.1-02-02