A person, knowing that a letter, postal card, or other written private correspondence has not yet been delivered to the person to whom it is directed, and knowing that he does not have the consent of the sender or receiver of the correspondence, damages or destroys the correspondence with intent to prevent its delivery, opens or reads sealed correspondence with intent to discover its contents, or knowing that sealed correspondence has been opened or read with the intent to discover its contents and intentionally divulges its contents, in whole or in part, or a summary of any portion of it, is guilty of the offense of Interception of Correspondence.

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, ___________________________, knowing a letter, postal card or other written correspondence had not yet been delivered to the person to whom it was directed and knowing the Defendant did not have the consent of the sender or receiver of the correspondence;

3)  The Defendant [damaged or destroyed the correspondence with the intent to prevent its delivery] [opened or read sealed correspondence with the intent to discover its contents] [knew that the sealed correspondence had been opened or read with the intent to discover its contents and then intentionally divulged its contents in whole or in part or a summary of any portion of it].

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NDCC 12.1-15-05
NDCC 12.1-15-04
NDCC 12.1-02-02