A public servant who takes official action which is likely to benefit the public servant as a result of an acquisition of a pecuniary interest in any property, transaction, or enterprise, or of a speculation or wager, which the public servant made or caused or aided another to make in contemplation of such 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, _____________________, while a public servant, willfully took official action likely to benefit the Defendant; and

3)  The action was taken as a result of [the Defendant’s acquisition of pecuniary interest in any property, transaction, or enterprise] [a speculation or wager the Defendant made or caused, or aided another to make].

* * * * *

NDCC 12.1-13-02(2)
NDCC 12.1-01-04
NDCC 12.1-02-02