• 2012 - Tampering With Public Record
  • K-16.20
    • Public Crimes

  • A person who knowingly makes a false entry in, or a false alteration of a government record, or who knowingly, without lawful authority, destroys, conceals, removes, or otherwise impairs the veracity or availability of a government record is guilty of tampering with public records.

     

    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, ___________, knowingly [made a false entry in, or false alteration of a governmental record] [without lawful authority destroyed, concealed, removed, or otherwise impaired the veracity or availability of a government record].

     

    DEFINITIONS

     

    “Government Record” means (a) any record, document, or thing belonging to, or received or kept by the government for information or record; (b) any other record, document, or thing required to be kept by law pursuant to a statute.

     

    * * * * *

     

    NDCC 12.1-11-5(3)
    NDCC 12.1-11-05

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  • Notes: In order for a government record to satisfy the definition of subpart (b) above, the record must be kept by law pursuant to a statute which expressly invokes the sanction of NDCC 12.1-11-05.