A person who has been convicted of a felony offense involving violence or intimidation and owned, possessed or controlled a firearm within ten (10) years from the date of conviction, release from incarceration, parole or probation, whichever is latest, is guilty of unlawful possession of a firearm.
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, _______________, has been convicted of [list specific felony offense from chapters 12.1-16 through 12.1-25 or equivalent federal or state offense] involving violence or intimidation;
3) Owned, possessed, or controlled a firearm; and
4) Did so within ten (10) years from the date of conviction, release from incarceration, parole or probation, whichever is latest.
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State v. Eldred, 1997 ND 112, 32-34, 564 NW2d 283 (discussing the title of the jury instruction and the essential element of having to prove the underlying felony conviction)