A person who within this state manufactures, assembles, possesses, transports, or sells an electronic, mechanical, or other device, knowing that the design of such device renders it primarily useful for the purpose of the secret interception of wire or oral communications is guilty of the offense of Unlawful Trafficking in Intercepting Devices.

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, ___________________________, willfully [manufactured] [assembled] [possessed] [transported] [sold] an electronic, mechanical or other device;

3)  Knowing the design of the device rendered it primarily useful for the purpose of the secret interception of wire or oral communications.

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NDCC 12.1-15-03(1)
NDCC 12.1-15-04
NDCC 12.1-02-02