A married person who willfully engages in a sexual act with someone, other than the spouse, is guilty of the crime of Adultery.
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 the [month] [day] [year], in [County], North Dakota, the Defendant, _______________, willfully engaged in a sexual act with _______________;
2) The Defendant was then a married person; and 3) _______________ was not then married to the Defendant.
DEFINITIONS [Insert relevant definitions. NDCC 12.1-02-02, 12.1-20-02.]