[If you find the Defendant not guilty of the crime of Reckless Endangerment Under Circumstances Manifesting Extreme Indifference to the Value of Human Life, then you must consider whether the Defendant is guilty of the lesser included offense, Reckless Endangerment.]
A person who creates a substantial risk of serious bodily injury or death to another human being is guilty of Reckless Endangerment. There is risk if the potential for harm exists, whether or not a particular person’s safety is actually jeopardized.
ESSENTIAL ELEMENTS OF OFFENSE
1) On or about [month] [day] [year], in [County], North Dakota, the Defendant, _______________, created a substantial risk of serious bodily injury or death to _______________; and
2) The Defendant engaged in the conduct recklessly.
DEFINITIONS [Insert relevant definitions. NDCC 12.1-01-04(29), 12.1-02-02(1)(c).]