NDCC, 12.1-01-01

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-01. Application--Purposes--Proof--Definitions

§ 12.1-01-01. Title--Retroactivity--Application--Contempt power

1. Title 12.1 of the Century Code may be cited as the North Dakota Criminal Code.

2. This title, except as provided in subsection 3, shall not apply to offenses committed prior to its effective date. Prosecutions for such offenses shall be governed by prior law, which is continued in effect for that purpose. For the purposes of this section, an offense was committed prior to the effective date of this title if any of the elements of the offense occurred prior thereto.

3. In cases pending on or after the effective date of this title, and involving offenses committed prior thereto:

a. The provisions of this title according a defense or mitigation shall apply, with the consent of the defendant.

b. The court, with the consent of the defendant, may impose sentence under the provisions of this title which are applicable to the offense and the offender.

4. This section does not affect the power of a court or legislative assembly to punish for contempt, or to employ any enforcement sanction authorized by law, nor does this section affect any power conferred by law upon military authority to impose punishment upon offenders.

CREDIT(S)

S.L. 1973, ch. 116, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-01-02

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-01. Application--Purposes--Proof--Definitions

§ 12.1-01-02. General purposes

The general purposes of this title are to establish a system of prohibitions, penalties, and correctional measures to deal with conduct that unjustifiably and inexcusably causes or threatens harm to those individual or public interests for which governmental protection is appropriate. To this end, the provisions of this title are intended, and shall be construed, to achieve the following objectives:

1. To ensure the public safety through: a. vindication of public norms by the imposition of merited punishment; b. the deterrent influence of the penalties hereinafter provided; c. the rehabilitation of those convicted of violations of this title; and d. such confinement as may be necessary to prevent likely recurrence of serious criminal behavior.

2. By definition and grading of offenses, to define the limits and systematize the exercise of discretion in punishment and to give fair warning of what is prohibited and of the consequences of violation.

3. To prescribe penalties which are proportionate to the seriousness of offenses and which permit recognition of differences in rehabilitation possibilities among individual offenders.

4. To safeguard conduct that is without guilt from condemnation as criminal and to condemn conduct that is with guilt as criminal.

5. To prevent arbitrary or oppressive treatment of persons accused or convicted of offenses.

6. To define the scope of state interest in law enforcement against specific offenses and to systematize the exercise of state criminal jurisdiction.

CREDIT(S)

S.L. 1973, ch. 116, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-01-03

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-01. Application--Purposes--Proof--Definitions

§ 12.1-01-03. Proof and presumptions

1. No person may be convicted of an offense unless each element of the offense is proved beyond a reasonable doubt. An accused is presumed innocent until proven guilty. The fact that the accused has been arrested, confined, or charged with the offense gives rise to no inference of guilt at the accused's trial. “Element of an offense” means:

a. The forbidden conduct;

b. The attendant circumstances specified in the definition and grading of the offense;

c. The required culpability;

d. Any required result; and

e. The nonexistence of a defense as to which there is evidence in the case sufficient to give rise to a reasonable doubt on the issue.

2. Subsection 1 does not require negating a defense:

a. By allegation in the charging document; or

b. By proof, unless the issue is in the case as a result of evidence sufficient to raise a reasonable doubt on the issue.

Unless it is otherwise provided or the context plainly requires otherwise, if a statute outside this title defining an offense, or a related statute, or a rule or regulation thereunder, contains a provision constituting an exception from criminal liability for conduct which would otherwise be included within the prohibition of the offense, that the defendant came within such exception is a defense.

3. Subsection 1 does not apply to any defense which is explicitly designated an “affirmative defense”. An affirmative defense must be proved by the defendant by a preponderance of evidence.

4. When a statute establishes a presumption, it has the following consequences:

a. If there is sufficient evidence of the facts which gave rise to the presumption, the presumed fact is deemed sufficiently proved to warrant submission of the issue to a jury unless the court is satisfied that the evidence as a whole clearly negates the presumed fact.

b. In submitting the issue of the existence of the presumed fact to a jury, the court shall charge that, although the evidence as a whole must establish the presumed fact beyond a reasonable doubt, the jury may arrive at that judgment on the basis of the presumption alone, since the law regards the facts giving rise to the presumption as strong evidence of the fact presumed.

5. When a statute declares that given facts constitute a prima facie case, proof of such facts warrants submission of a case to the jury with the usual instructions on burden of proof and without additional instructions attributing any special probative force to the facts proved.

CREDIT(S)

S.L. 1973, ch. 116, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-01-04

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-01. Application--Purposes--Proof--Definitions

§ 12.1-01-04. General definitions

As used in this title, unless a different meaning plainly is required:

1. “Act” or “action” means a bodily movement, whether voluntary or involuntary.

2. “Acted”, “acts”, and “actions” include, where relevant, “omitted to act” and “omissions to act”.

3. “Actor” includes, where relevant, a person guilty of an omission.

4. “Bodily injury” means any impairment of physical condition, including physical pain.

5. “Court” means any of the following courts: the supreme court, a district court, and where relevant, a municipal court.

6. “Dangerous weapon” means, but is not limited to, any switchblade or gravity knife, machete, scimitar, stiletto, sword, or dagger; any billy, blackjack, sap, bludgeon, cudgel, metal knuckles, or sand club; any slungshot; any bow and arrow, crossbow, or spear; any weapon which will expel, or is readily capable of expelling, a projectile by the action of a spring, compressed air, or compressed gas including any such weapon, loaded or unloaded, commonly referred to as a BB gun, air rifle, or CO2 gun; and any projector of a bomb or any object containing or capable of producing and emitting any noxious liquid, gas, or substance.

7. “Destructive device” means any explosive, incendiary or poison gas bomb, grenade, mine, rocket, missile, or similar device.

8. “Explosive” means gunpowders, powders used for blasting, all forms of high explosives, blasting materials, fuses (other than electric circuit breakers), detonators and other detonating agents, smokeless powders, and any chemical compounds, mechanical mixture, or other ingredients in such proportions, quantities, or packing that ignition by fire, by friction, by concussion, by percussion, or by detonation of the compound, or material, or any part thereof may cause an explosion.

9. Repealed by S.L. 1975, ch. 116, § 33.

10. “Firearm” means any weapon which will expel, or is readily capable of expelling, a projectile by the action of an explosive and includes any such weapon, loaded or unloaded, commonly referred to as a pistol, revolver, rifle, gun, machine gun, shotgun, bazooka, or cannon.

11. “Force” means physical action.

12. “Government” means:

a. The government of this state or any political subdivision of this state;

b. Any agency, subdivision, or department of the foregoing, including the executive, legislative, and judicial branches;

c. Any corporation or other entity established by law to carry on any governmental function; and

d. Any commission, corporation, or agency established by statute, compact, or contract between or among governments for the execution of intergovernmental programs.

13. “Governmental function” includes any activity which one or more public servants are legally authorized to undertake on behalf of government.

14. “Harm” means loss, disadvantage, or injury to the person affected, and includes loss, disadvantage, or injury to any other person in whose welfare the person affected is interested.

15. “Included offense” means an offense:

a. Which is established by proof of the same or less than all the facts required to establish commission of the offense charged;

b. Which consists of criminal facilitation of or an attempt or solicitation to commit the offense charged; or

c. Which differed from the offense charged only in that it constitutes a less serious harm or risk of harm to the same person, property, or public interest, or because a lesser degree of culpability suffices to establish its commission.

16. “Includes” should be read as if the phrase “but is not limited to” were also set forth.

17. “Law enforcement officer” or “peace officer” means a public servant authorized by law or by a government agency or branch to enforce the law and to conduct or engage in investigations or prosecutions for violations of law.

18. “Local” means of or pertaining to any political subdivision of the state.

19. Repealed by S.L. 1975, ch. 116, § 33.

20. “Offense” means conduct for which a term of imprisonment or a fine is authorized by statute after conviction.

21. “Official action” includes a decision, opinion, recommendation, vote, or other exercise of discretion by any government agency.

22. “Official proceeding” means a proceeding heard or which may be heard before any government agency or branch or public servant authorized to take evidence under oath, including any referee, hearing examiner, commissioner, notary, or other person taking testimony or a deposition in connection with any such proceeding.

23. “Omission” means a failure to act.

24. As used in this title and in sections outside this title which define offenses, “person” includes, where relevant, a corporation, limited liability company, partnership, unincorporated association, or other legal entity. When used to designate a party whose property may be the subject of action constituting an offense, the word “person” includes a government which may lawfully own property in this state.

25. “Political subdivision” as used in this title and in any statute outside this title which defines an offense means a county, city, school district, township, and any other local governmental entity created by law.

26. “Property” includes both real and personal property.

27. “Public servant” as used in this title and in any statute outside this title which defines an offense means any officer or employee of government, including law enforcement officers, whether elected or appointed, and any person participating in the performance of a governmental function, but the term does not include witnesses.

28. “Risk assessment” means an initial phase with a secondary process approved by the department of human services for the evaluation of the likelihood that a person who committed an offense will commit another similar offense. The initial phase is an assessment tool that is administered by a trained probation and parole officer. A predetermined score on the initial phase initiates the secondary process that includes a clinical interview, psychological testing, and verification through collateral information or psychophysiological testing, or both. The department of human services shall perform the secondary process of the risk assessment.

29. “Serious bodily injury” means bodily injury that creates a substantial risk of death or which causes serious permanent disfigurement, unconsciousness, extreme pain, permanent loss or impairment of the function of any bodily member or organ, a bone fracture, or impediment of air flow or blood flow to the brain or lungs.

30. “Signature” includes any name, mark, or sign written or affixed with intent to authenticate any instrument or writing.

31. “Substantial bodily injury” means a substantial temporary disfigurement, loss, or impairment of the function of any bodily member or organ.

32. “Thing of value” or “thing of pecuniary value” means a thing of value in the form of money, tangible or intangible property, commercial interests, or anything else the primary significance of which is economic gain to the recipient.

33. “Writing” includes printing, typewriting, and copying.

Words used in the singular include the plural, and the plural the singular. Words in the masculine gender include the feminine and neuter genders. Words used in the present tense include the future tense, but exclude the past tense.

CREDIT(S)

S.L. 1973, ch. 116, § 1; S.L. 1975, ch. 116, §§ 1, 2; S.L. 1981, ch. 320, § 31; S.L. 1985, ch. 175, § 1; S.L. 1987, ch. 374, § 10; S.L. 1991, ch. 326, § 41; S.L. 1993, ch. 54, § 106; S.L. 1997, ch. 118, § 1; S.L. 1999, ch. 120, § 1; S.L. 1999, ch. 277, § 1; S.L. 2007, ch. 118, § 1, eff. Aug. 1, 2007.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-01-05

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-01. Application--Purposes--Proof--Definitions

§ 12.1-01-05. Crimes defined by state law shall not be superseded by city or county ordinance or by home rule city's or county's charter or ordinance

No offense defined in this title or elsewhere by law shall be superseded by any city or county ordinance, or city or county home rule charter, or by an ordinance adopted pursuant to such a charter, and all such offense definitions shall have full force and effect within the territorial limits and other jurisdiction of home rule cities or counties. This section shall not preclude any city or county from enacting any ordinance containing penal language when otherwise authorized to do so by law.

CREDIT(S)

S.L. 1973, ch. 104, § 1; S.L. 1975, ch. 116, § 3; S.L. 1985, ch. 152, § 13.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-02-01

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-02. Liability and Culpability

§ 12.1-02-01. Basis of liability for offenses

1. A person commits an offense only if the person engages in conduct, including an act, an omission, or possession, in violation of a statute which provides that the conduct is an offense.

2. A person who omits to perform an act does not commit an offense unless the person has a legal duty to perform the act, nor shall such an omission be an offense if the act is performed on the person's behalf by a person legally authorized to perform it.

CREDIT(S)

S.L. 1973, ch. 116, § 2.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-02-02

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-02. Liability and Culpability

§ 12.1-02-02. Requirements of culpability

1. For the purposes of this title, a person engages in conduct:

a. “Intentionally” if, when he engages in the conduct, it is his purpose to do so.

b. “Knowingly” if, when he engages in the conduct, he knows or has a firm belief, unaccompanied by substantial doubt, that he is doing so, whether or not it is his purpose to do so.

c. “Recklessly” if he engages in the conduct in conscious and clearly unjustifiable disregard of a substantial likelihood of the existence of the relevant facts or risks, such disregard involving a gross deviation from acceptable standards of conduct, except that, as provided in section 12.1-04-02, awareness of the risk is not required where its absence is due to self-induced intoxication.

d. “Negligently” if he engages in the conduct in unreasonable disregard of a substantial likelihood of the existence of the relevant facts or risks, such disregard involving a gross deviation from acceptable standards of conduct.

e. “Willfully” if he engages in the conduct intentionally, knowingly, or recklessly.

2. If a statute or regulation thereunder defining a crime does not specify any culpability and does not provide explicitly that a person may be guilty without culpability, the culpability that is required is willfully.

3. a. Except as otherwise expressly provided, where culpability is required, that kind of culpability is required with respect to every element of the conduct and to those attendant circumstances specified in the definition of the offense, except that where the required culpability is “intentionally”, the culpability required as to an attendant circumstance is “knowingly”.

b. Except as otherwise expressly provided, if conduct is an offense if it causes a particular result, the required degree of culpability is required with respect to the result.

c. Except as otherwise expressly provided, culpability is not required with respect to any fact which is solely a basis for grading.

d. Except as otherwise expressly provided, culpability is not required with respect to facts which establish that a defense does not exist, if the defense is defined in chapters 12.1-01 through 12.1-06; otherwise the least kind of culpability required for the offense is required with respect to such facts.

e. A factor as to which it is expressly stated that it must “in fact” exist is a factor for which culpability is not required.

4. Any lesser degree of required culpability is satisfied if the proven degree of culpability is higher.

5. Culpability is not required as to the fact that conduct is an offense, except as otherwise expressly provided in a provision outside this title.

CREDIT(S)

S.L. 1973, ch. 116, § 2.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-02-03

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-02. Liability and Culpability

§ 12.1-02-03. Mistake of fact in affirmative defenses

Unless otherwise expressly provided, a mistaken belief that the facts which constitute an affirmative defense exist is not a defense.

CREDIT(S)

S.L. 1973, ch. 116, § 2.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-02-04

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-02. Liability and Culpability

§ 12.1-02-04. Repealed

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-02-05

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-02. Liability and Culpability

§ 12.1-02-05. Causal relationship between conduct and result

Causation may be found where the result would not have occurred but for the conduct of the accused operating either alone or concurrently with another cause, unless the concurrent cause was clearly sufficient to produce the result and the conduct of the accused clearly insufficient.

CREDIT(S)

S.L. 1973, ch. 116, § 2.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-03-01

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-03. Accomplices--Corporations--Agents

§ 12.1-03-01. Accomplices

1. A person may be convicted of an offense based upon the conduct of another person when:

a. Acting with the kind of culpability required for the offense, he causes the other to engage in such conduct;

b. With intent that an offense be committed, he commands, induces, procures, or aids the other to commit it, or, having a statutory duty to prevent its commission, he fails to make proper effort to do so; or

c. He is a coconspirator and his association with the offense meets the requirements of either of the other subdivisions of this subsection.

A person is not liable under this subsection for the conduct of another person when he is either expressly or by implication made not accountable for such conduct by the statute defining the offense or related provisions because he is a victim of the offense or otherwise.

2. Unless otherwise provided, in a prosecution in which the liability of the defendant is based upon the conduct of another person, it is no defense that:

a. The defendant does not belong to the class of persons who, because of their official status or other capacity or characteristic, are by definition of the offense the only persons capable of directly committing it; or

b. The person for whose conduct the defendant is being held liable has been acquitted, has not been prosecuted or convicted, has been convicted of a different offense, is immune from prosecution, or is otherwise not subject to justice.

CREDIT(S)

S.L. 1973, ch. 116, § 3; S.L. 1975, ch. 116, § 4.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-03-02

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-03. Accomplices--Corporations--Agents

§ 12.1-03-02. Corporate and limited liability company criminal responsibility

1. A corporation or a limited liability company may be convicted of:

a. Any offense committed by an agent of the corporation or limited liability company within the scope of the agent's employment on the basis of conduct authorized, requested, or commanded, by any of the following or a combination of them:

(1) The board of directors or the board of governors.

(2) An executive officer, executive manager, or any other agent in a position of comparable authority with respect to the formulation of policy or the supervision in a managerial capacity of subordinate employees.

(3) Any person, whether or not an officer of the corporation, who controls the corporation or is responsibly involved in forming its policy.

(4) Any person, whether or not a manager of the limited liability company, who controls the limited liability company or is responsibly involved in forming its policy.

(5) Any other person for whose act or omission the statute defining the offense provides corporate or limited liability company responsibility for offenses.

b. Any offense consisting of an omission to discharge a specific duty of affirmative conduct imposed on a corporation or a limited liability company by law.

c. Any misdemeanor committed by an agent of the corporation or the limited liability company within the scope of the agent's employment.

d. Any offense for which an individual may be convicted without proof of culpability, committed by an agent of the corporation or the limited liability company within the scope of the agent's employment.

2. It is no defense that an individual upon whose conduct liability of the corporation or the limited liability company for an offense is based has been acquitted, has not been prosecuted or convicted, has been convicted of a different offense, is immune from prosecution, or is otherwise not subject to justice.

CREDIT(S)

S.L. 1973, ch. 116, § 3; S.L. 1993, ch. 54, § 71.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-03-03

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-03. Accomplices--Corporations--Agents

§ 12.1-03-03. Individual accountability for conduct on behalf of organizations

1. A person is legally accountable for any conduct he performs or causes to be performed in the name of an organization or in its behalf to the same extent as if the conduct were performed in his own name or his behalf.

2. Except as otherwise expressly provided, whenever a duty to act is imposed upon an organization by a statute or regulation thereunder, any agent of the organization having primary responsibility for the subject matter of the duty is legally accountable for an omission to perform the required act to the same extent as if the duty were imposed directly upon himself.

3. When an individual is convicted of an offense as an accomplice of an organization, he is subject to the sentence authorized when a natural person is convicted of that offense.

CREDIT(S)

S.L. 1973, ch. 116, § 3.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-03-04

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-03. Accomplices--Corporations--Agents

§ 12.1-03-04. Definitions and general provisions

1. In this chapter:

a. “Agent” means any partner, director, officer, governor, manager, servant, employee, or other person authorized to act in behalf of an organization.

b. “Organization” means any legal entity, whether or not organized as a corporation, limited liability company, or unincorporated association, but does not include an entity organized as or by a governmental agency for the execution of a governmental program.

2. Nothing in this chapter shall limit or extend the criminal liability of an unincorporated association.

CREDIT(S)

S.L. 1973, ch. 116, § 3; S.L. 1993, ch. 54, § 106.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-04-01

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-04. Juveniles--Intoxication--Defenses

§ 12.1-04-01. Juveniles

Persons under the age of seven years are deemed incapable of commission of an offense defined by the constitution or statutes of this state. The prosecution of any person as an adult is barred if the offense was committed while the person was less than fourteen years of age.

CREDIT(S)

S.L. 1973, ch. 116, § 4; S.L. 1981, ch. 328, § 2.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-04-02

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-04. Juveniles--Intoxication--Defenses

§ 12.1-04-02. Intoxication

1. Intoxication is not a defense to a criminal charge. Intoxication does not, in itself, constitute mental disease or defect within the meaning of section 12.1-04-04. Evidence of intoxication is admissible whenever it is relevant to negate or to establish an element of the offense charged.

2. A person is reckless with respect to an element of an offense even though his disregard thereof is not conscious, if his not being conscious thereof is due to self-induced intoxication.

CREDIT(S)

S.L. 1973, ch. 116, § 4; S.L. 1977, ch. 120, § 1; S.L. 1985, ch. 173, § 27.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-04-03

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-04. Juveniles--Intoxication--Defenses

§ 12.1-04-03. Repealed

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-04-04

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-04. Juveniles--Intoxication--Defenses

§ 12.1-04-04. Disposition of mentally unfit defendants

No person who, as a result of mental disease or defect, lacks capacity to understand the proceedings against the person or to assist in the person's own defense shall be tried, convicted, or sentenced for the commission of an offense so long as such incapacity endures.

CREDIT(S)

S.L. 1973, ch. 116, § 4.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-04-05

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-04. Juveniles--Intoxication--Defenses

§ 12.1-04-05. Superseded by N.D.R.Crim.P., Rule 12.2

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-04-06

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-04. Juveniles--Intoxication--Defenses

§ 12.1-04-06. Examination--Temporary commitment

Whenever there is reason to doubt the defendant's fitness to proceed, the court may order the detention of the defendant for the purpose of an examination by a psychiatrist or a licensed psychologist. The detention must be in the least restrictive appropriate setting, including the state hospital, the developmental center at westwood park, Grafton, or other suitable facility for a reasonable period, not to exceed thirty days, for such examination. In lieu of detention, the court may allow the defendant to remain in the defendant's present residential setting or other suitable residential setting for the purpose of evaluation by a human service center or other suitable facility or personnel, subject to any reasonable limitation the court may impose. The court, by subsequent order and for good cause shown, may extend the detention for a period not to exceed thirty additional days. While the defendant is detained, the defendant's legal counsel, family, and others necessary to assist in the defendant's case shall have reasonable opportunity to examine and confer with the defendant.

CREDIT(S)

S.L. 1973, ch. 116, § 4; S.L. 1985, ch. 173, § 28; S.L. 1991, ch. 121, § 1; S.L. 1995, ch. 34, § 10.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-04-07

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-04. Juveniles--Intoxication--Defenses

§ 12.1-04-07. Report--Hearing when contested

1. The report of the examining psychiatrists or psychologists must be given in writing to the court within three days of expiration of the period of commitment. The court shall cause copies to be delivered to the prosecutor and counsel for the defendant.

2. The report must include:

a. The identity of the individuals interviewed and records and other information considered.

b. Procedures, tests, and techniques utilized in the assessment.

c. The date and time of the examination of the defendant, and the identity of each individual present during the examination.

d. The relevant information obtained, other information not obtained which the examiner believes may be relevant, and the findings made.

e. An opinion as to whether the defendant is fit to proceed or is unable to effectively communicate with counsel and whether the defendant will attain fitness to proceed or ability to effectively communicate with counsel in the foreseeable future.

3. If the findings of the report are contested, the court shall hold a hearing prior to deciding whether the defendant currently lacks fitness to proceed or currently lacks ability to effectively communicate with counsel and whether the defendant will attain fitness to proceed or ability to effectively communicate with counsel in the foreseeable future. Upon hearing, the prosecution and defense have the right to summon and cross-examine the persons responsible for the report and to offer evidence upon the issues.

CREDIT(S)

S.L. 1973, ch. 116, § 4; S.L. 1991, ch. 121, § 2.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-04-08

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-04. Juveniles--Intoxication--Defenses

§ 12.1-04-08. Suspension or dismissal of proceedings--Referral for services

1. If the court determines based upon a preponderance of the evidence that the defendant currently lacks fitness to proceed or to effectively communicate with counsel but that the defendant may attain fitness to proceed or effectively communicate with counsel in the foreseeable future, the proceedings against the defendant must be suspended, except as provided in section 12.1-04-09. When the court determines, after a hearing if a hearing is requested, that the defendant has regained fitness to proceed or to effectively communicate with counsel, the proceeding must be resumed. If prosecution of the defendant has not resumed prior to the expiration of the maximum period for which the defendant could be sentenced, or it is determined by the court, after a hearing if a hearing is requested, that the defendant will not regain fitness to proceed or to effectively communicate with counsel, the charges against the defendant must be dismissed. The court may at any time make a referral for other appropriate services, treatment, or civil commitment.

2. If the court determines based upon a preponderance of the evidence that the defendant currently lacks fitness to proceed and that the defendant will not attain fitness to proceed in the foreseeable future, the proceedings must be dismissed. The court may at any time make a referral for other appropriate services, treatment, or civil commitment.

3. Other appropriate services or treatment include:

a. Determination of incapacity, by a district court with appropriate jurisdiction following petition by the state's attorney, for the appointment of a guardian or conservator pursuant to chapter 30.1-28 or 30.1-29;

b. Civil commitment of the person pursuant to chapter 25-03.1; or

c. Treatment of the person by a human service center or other appropriate public or private provider.

4. The custodian, guardian, or other person charged with the control of the defendant may take an appeal from the court's order in the manner provided by law. The procedure provided in this section is not exclusive, but is in addition to any other procedure for the commitment of individuals to the developmental center at westwood park, Grafton, state hospital, or other state facility.

CREDIT(S)

S.L. 1973, ch. 116, § 4; S.L. 1991, ch. 121, § 3; S.L. 1995, ch. 34, § 10.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-04-09

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-04. Juveniles--Intoxication--Defenses

§ 12.1-04-09. Legal objections to prosecution allowed

The fact that the defendant is unfit to proceed does not preclude any legal objection to the prosecution which is susceptible of fair determination prior to trial and without the personal participation of the defendant.

CREDIT(S)

S.L. 1973, ch. 116, § 4.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-04-10

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-04. Juveniles--Intoxication--Defenses

§ 12.1-04-10. Repealed

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, T. 12.1, Ch. 12.1-04.1, Refs & Annos

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-04.1. Criminal Responsibility and Post-Trial Responsibility Act

UNIFORM INSANITY DEFENSE AND POST-TRIAL DISPOSITION ACT (MODEL)

Jurisdiction

Laws

Effective Date

Statutory Citation

North Dakota

1985, c. 173

NDCC 12.1-04.1-01 to 12.1-04.1-26.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

END OF DOCUMENT

NDCC, 12.1-04.1-01

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-04.1. Criminal Responsibility and Post-Trial Responsibility Act (Refs & Annos)

§ 12.1-04.1-01. Standard for lack of criminal responsibility

1. An individual is not criminally responsible for criminal conduct if, as a result of mental disease or defect existing at the time the conduct occurs:

a. The individual lacks substantial capacity to comprehend the harmful nature or consequences of the conduct, or the conduct is the result of a loss or serious distortion of the individual's capacity to recognize reality; and

b. It is an essential element of the crime charged that the individual act willfully.

2. For purposes of this chapter, repeated criminal or similar antisocial conduct, or impairment of mental condition caused primarily by voluntary use of alcoholic beverages or controlled substances immediately before or contemporaneously with the alleged offense, does not constitute in itself mental illness or defect at the time of the alleged offense. Evidence of the conduct or impairment may be probative in conjunction with other evidence to establish mental illness or defect.

CREDIT(S)

S.L. 1985, ch. 173, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-04.1-02

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-04.1. Criminal Responsibility and Post-Trial Responsibility Act (Refs & Annos)

§ 12.1-04.1-02. Court authorization of state-funded mental health services for certain defendants

A defendant who is unable to pay for the services of a mental health professional, and to whom those services are not otherwise available, may apply to the court for assistance. Upon a showing of a likely need for examination on the question of lack of criminal responsibility or lack of requisite state of mind as a result of the defendant's mental condition, the court shall authorize reasonable expenditures from public funds for the defendant's retention of the services of one or more mental health professionals. Upon request by the defendant, the application and the proceedings on the application must be ex parte and in camera, but any order under this section authorizing expenditures must be made part of the public record.

CREDIT(S)

S.L. 1985, ch. 173, § 2.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-04.1-03

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-04.1. Criminal Responsibility and Post-Trial Responsibility Act (Refs & Annos)

§ 12.1-04.1-03. Notice of defense of lack of criminal responsibility

1. If the defendant intends to assert the defense of lack of criminal responsibility, the defendant shall notify the prosecuting attorney in writing and file a copy of the notice with the court. The notice must indicate whether the defendant intends to introduce at trial evidence obtained from examination of the defendant by a mental health professional after the time of the alleged offense.

2. The defendant shall file the notice within the time prescribed for pretrial motions or at such earlier or later time as the court directs. For cause shown, the court may allow late filing of the notice and grant additional time to the parties to prepare for trial or may make other appropriate orders.

3. If the defendant fails to give notice in accordance with this section, lack of criminal responsibility may not be asserted as a defense.

CREDIT(S)

S.L. 1985, ch. 173, § 3.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-04.1-04

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-04.1. Criminal Responsibility and Post-Trial Responsibility Act (Refs & Annos)

§ 12.1-04.1-04. Notice regarding expert testimony on lack of state of mind as element of alleged offense

1. If the defendant intends to introduce at trial evidence obtained from examination of the defendant by a mental health professional after the time of the alleged offense to show that the defendant lacked the state of mind required for the alleged offense, the defendant shall notify the prosecuting attorney in writing and file a copy of the notice with the court.

CREDIT(S)

S.L. 1985, ch. 173, § 4.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-04.1-05

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-04.1. Criminal Responsibility and Post-Trial Responsibility Act (Refs & Annos)

§ 12.1-04.1-05. Examination at request of prosecuting attorney

1. If the defendant has given notice under section 12.1-04.1-03 or 12.1-04.1-04 of intent to introduce evidence obtained from examination of the defendant by a mental health professional after the time of the alleged offense, the court, upon application by the prosecuting attorney and after opportunity for response by the defendant, shall order that the defendant be examined by one or more mental health professionals retained by the prosecuting attorney. The court shall include in the order provisions as to the time, place, and conditions of the examination.

2. If the parties agree to examination of the defendant by a mental health professional retained by the prosecuting attorney without order of the court, sections 12.1-04.1-06, 12.1-04.1-07, 12.1-04.1-08, 12.1-04.1-10, 12.1-04.1-11, 12.1-04.1-12, 12.1-04.1-13, 12.1-04.1-14, and 12.1-04.1-15 apply to that examination.

CREDIT(S)

S.L. 1985, ch. 173, § 5.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-04.1-06

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-04.1. Criminal Responsibility and Post-Trial Responsibility Act (Refs & Annos)

§ 12.1-04.1-06. Explanation to defendant

At the beginning of each examination conducted under section 12.1-04.1-05, the mental health professional shall inform the defendant that the examination is being made at the request of the prosecuting attorney; the purpose of the examination is to obtain information about the defendant's mental condition at the time of the alleged offense; and information obtained from the examination may be used at trial and, if the defendant is found not guilty by reason of lack of criminal responsibility, in subsequent proceedings concerning commitment or other disposition.

CREDIT(S)

S.L. 1985, ch. 173, § 6.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-04.1-07

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-04.1. Criminal Responsibility and Post-Trial Responsibility Act (Refs & Annos)

§ 12.1-04.1-07. Scope of examination

An examination of the defendant conducted under section 12.1-04.1-05 may consist of such interviewing, clinical evaluation, and psychological testing as the mental health professional considers appropriate, within the limits of nonexperimental, generally accepted medical, psychiatric, or psychological practices.

CREDIT(S)

S.L. 1985, ch. 173, § 7.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-04.1-08

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-04.1. Criminal Responsibility and Post-Trial Responsibility Act (Refs & Annos)

§ 12.1-04.1-08. Recording of examination

1. An examination of the defendant conducted under section 12.1-04.1-05 must be audio-recorded and, if ordered by the court, video-recorded. The manner of recording may be specified by rule or by court order in individual cases.

2. Within seven days after completion of an examination conducted under section 12.1-04.1-05, the mental health professional conducting the examination shall deliver a copy of the recording of the examination, under seal, to the court and a copy of the recording to the defendant. The recording may not be disclosed except in accordance with this chapter.

CREDIT(S)

S.L. 1985, ch. 173, § 8.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-04.1-09

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-04.1. Criminal Responsibility and Post-Trial Responsibility Act (Refs & Annos)

§ 12.1-04.1-09. Consequence of deliberate failure of defendant to cooperate

If the defendant without just cause deliberately fails to participate or to respond to questions in an examination conducted under section 12.1-04.1-05, the prosecuting attorney may apply before trial to the court for appropriate relief. The court may consider the recording of the examination as evidence on the application, but proceedings under this section involving consideration of the recording must be in camera and out of the presence of counsel.

CREDIT(S)

S.L. 1985, ch. 173, § 9.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-04.1-10

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-04.1. Criminal Responsibility and Post-Trial Responsibility Act (Refs & Annos)

§ 12.1-04.1-10. Reports by mental health professionals and expert witnesses

A mental health professional retained by the prosecuting attorney and a mental health professional whom the defendant intends to call to testify at trial shall prepare a written report concerning any examination of the defendant and other pretrial inquiry by or under the supervision of the mental health professional. Any other individual whom either party intends to call at trial as an expert witness on any aspect of the defendant's mental condition shall prepare a written report. A report under this section must contain:

1. The specific issues addressed.

2. The identity of individuals interviewed and records or other information used.

3. The procedures, tests, and techniques used.

4. The date and time of examination of the defendant, the explanation concerning the examination given to the defendant, and the identity of each individual present during an examination.

5. The relevant information obtained and findings made.

6. Matters concerning which the mental health professional was unable to obtain relevant information and the reasons therefor.

7. The conclusions reached and the reasoning on which the conclusions were based.

CREDIT(S)

S.L. 1985, ch. 173, § 10.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-04.1-11

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-04.1. Criminal Responsibility and Post-Trial Responsibility Act (Refs & Annos)

§ 12.1-04.1-11. Exchange of reports and production of documents

Not less than fifteen days before trial, the prosecuting attorney shall furnish to the defendant reports prepared pursuant to section 12.1-04.1-10, and the defendant shall furnish to the prosecuting attorney reports by each mental health professional or other expert on any aspect of the defendant's mental condition whom the defendant intends to call at trial. Upon application by either party and after hearing, the court may require production of documents prepared, completed, or used in the examination or inquiry by the mental health professional or other expert.

CREDIT(S)

S.L. 1985, ch. 173, § 11.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-04.1-12

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-04.1. Criminal Responsibility and Post-Trial Responsibility Act (Refs & Annos)

§ 12.1-04.1-12. Use of reports at trial

Use at trial of a report prepared by a mental health professional or other expert is governed by the North Dakota Rules of Evidence. A report of a mental health professional or other expert furnished by the defendant pursuant to section 12.1-04.1-10 may not be used at trial unless the mental health professional or other expert who prepared the report has been called to testify by the defendant.

CREDIT(S)

S.L. 1985, ch. 173, § 12.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-04.1-13

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-04.1. Criminal Responsibility and Post-Trial Responsibility Act (Refs & Annos)

§ 12.1-04.1-13. Notice of expert witnesses

Not less than twenty days before trial, each party shall give written notice to the other of the name and qualifications of each mental health professional or other individual the respective party intends to call as an expert witness at trial on the issue of lack of criminal responsibility or requisite state of mind as an element of the crime charged. For good cause shown, the court may permit later addition to or deletion from the list of individuals designated as expert witnesses.

CREDIT(S)

S.L. 1985, ch. 173, § 13.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-04.1-14

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-04.1. Criminal Responsibility and Post-Trial Responsibility Act (Refs & Annos)

§ 12.1-04.1-14. Use of evidence obtained from examination

1. Except as provided in subsection 2 and in sections 12.1-04.1-09 and 12.1-04.1-26, information obtained as a result of examination of a defendant by a mental health professional conducted under section 12.1-04.1-05 is not admissible over objection of the defendant in any proceeding against the defendant.

2. Subject to the limitation in section 12.1-04.1-15, information obtained from an examination of the defendant by a mental health professional conducted under section 12.1-04.1-05 is admissible at trial to rebut evidence introduced by the defendant obtained from an examination of the defendant by a mental health professional or to impeach the defendant on the defendant's testimony as to mental condition at the time of the alleged offense.

CREDIT(S)

S.L. 1985, ch. 173, § 14.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-04.1-15

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-04.1. Criminal Responsibility and Post-Trial Responsibility Act (Refs & Annos)

§ 12.1-04.1-15. Use of recording of examination

Except as provided in section 12.1-04.1-09, recording of an examination of the defendant concerning the defendant's mental condition at the time of the alleged offense may be referred to or otherwise used only on cross-examination for the purpose of impeachment of the mental health professional who conducted the examination and then on redirect examination of that witness to the extent permitted by the North Dakota Rules of Evidence. The defendant must make the recording available to the prosecuting attorney before any use of it pursuant to this section. If the recording is so used, this section does not preclude its use for the purpose of impeachment of the defendant in any other criminal, civil, or administrative proceeding.

CREDIT(S)

S.L. 1985, ch. 173, § 15.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-04.1-16

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-04.1. Criminal Responsibility and Post-Trial Responsibility Act (Refs & Annos)

§ 12.1-04.1-16. Bifurcation of issue of lack of criminal responsibility

Upon application of the defendant, the court may order that issues as to the commission of the alleged offense be tried separately from the issue of lack of criminal responsibility.

CREDIT(S)

S.L. 1985, ch. 173, § 16.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-04.1-17

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-04.1. Criminal Responsibility and Post-Trial Responsibility Act (Refs & Annos)

§ 12.1-04.1-17. Jury instruction on disposition following verdict of lack of criminal responsibility

On request of the defendant in a trial by jury of the issue of lack of criminal responsibility for the alleged offense, the court shall instruct the jury as to the dispositional provisions applicable to the defendant if the jury returns a verdict of not guilty by reason of lack of criminal responsibility.

CREDIT(S)

S.L. 1985, ch. 173, § 17.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-04.1-18

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-04.1. Criminal Responsibility and Post-Trial Responsibility Act (Refs & Annos)

§ 12.1-04.1-18. Form of verdict or finding

If the issue of lack of criminal responsibility is submitted to the trier of fact:

1. In a unitary trial, the trier of fact must first determine whether the prosecuting attorney has proven that the defendant committed the crime charged. In a bifurcated trial, the trier of fact must first determine whether the prosecuting attorney has proven that the defendant committed the crime charged and, if so, whether the defendant is criminally responsible. Each determination must be made at the conclusion of the phase of the trial at which the respective issue is tried. If the trier of fact concludes that the prosecuting attorney failed to prove that the defendant committed the crime charged, the appropriate verdict or finding is “not guilty”.

2. If the trier of fact determines that the defendant committed the crime charged and the defendant was criminally responsible for that crime, the appropriate verdict or finding is “guilty”.

3. If the trier of fact determines that the defendant committed the crime charged, but was not criminally responsible for that crime, the appropriate verdict or finding is a statement that the defendant committed the crime charged but that the defendant is “not guilty by reason of lack of criminal responsibility”.

CREDIT(S)

S.L. 1985, ch. 173, § 18.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-04.1-19

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-04.1. Criminal Responsibility and Post-Trial Responsibility Act (Refs & Annos)

§ 12.1-04.1-19. Post-trial motions and appeal from verdict or finding of not guilty by reason of lack of criminal responsibility

1. A defendant found not guilty by reason of lack of criminal responsibility may seek post-trial relief in the trial court and may appeal to the supreme court on issues pertaining to the verdict or finding that the defendant committed the crime charged.

2. If the verdict or finding is not guilty by reason of lack of criminal responsibility, and a new trial is ordered on the issue of whether the defendant committed the crime charged, unless defendant elects to waive the defense, the verdict or finding of lack of criminal responsibility is conclusive on that issue in the retrial.

CREDIT(S)

S.L. 1985, ch. 173, § 19.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-04.1-20

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-04.1. Criminal Responsibility and Post-Trial Responsibility Act (Refs & Annos)

§ 12.1-04.1-20. Jurisdiction of court

1. Unless earlier discharged by order of the court pursuant to section 12.1-04.1-22, 12.1-04.1-24, or 12.1-04.1-25, an individual found not guilty by reason of lack of criminal responsibility is subject to the jurisdiction of the court for a period equal to the maximum term of imprisonment that could have been imposed for the most serious crime of which the individual was charged but found not guilty by reason of lack of criminal responsibility.

2. Upon expiration of its jurisdiction under this chapter or earlier discharge by its order, the court may order that a proceeding for involuntary commitment be initiated pursuant to chapter 25-03.1.

CREDIT(S)

S.L. 1985, ch. 173, § 20.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-04.1-21

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-04.1. Criminal Responsibility and Post-Trial Responsibility Act (Refs & Annos)

§ 12.1-04.1-21. Proceeding following verdict or finding

After entry of a verdict, finding, or an unresisted plea, that an individual committed the crime charged, but is not guilty by reason of lack of criminal responsibility, the court shall:

1. Make a finding, based upon the verdict or finding provided in section 12.1-04.1-18, of the expiration date of the court's jurisdiction; and

2. Order the individual committed to a treatment facility, as defined under chapter 25-03.1, for examination. The order of the court may set terms of custody during the period of examination.

CREDIT(S)

S.L. 1985, ch. 173, § 21.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-04.1-22

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-04.1. Criminal Responsibility and Post-Trial Responsibility Act (Refs & Annos)

§ 12.1-04.1-22. Initial order of disposition--Commitment to treatment facility--Conditional release--Discharge

1. The court shall conduct a dispositional hearing within ninety days after an order of commitment pursuant to section 12.1-04.1-21 is entered, unless the court, upon application of the prosecuting attorney or the individual committed, for cause shown, extends the time for the hearing. The court shall enter an initial order of disposition within ten days after the hearing is concluded.

2. In a proceeding under this section, unless excused by order of the court, defense counsel at the trial shall represent the individual committed.

3. If the court finds that the individual lacks sufficient financial resources to retain the services of a mental health professional and that those services are not otherwise available, it shall authorize reasonable expenditures from public funds for the individual's retention of the services of one or more mental health professionals to examine the individual and make other inquiry concerning the individual's mental condition.

4. In a proceeding under this section, the individual committed has the burden of proof by a preponderance of the evidence. The court shall enter an order in accordance with the following requirements:

a. If the court finds that the individual is not mentally ill or defective or that there is not a substantial risk, as a result of mental illness or defect, that the individual will commit a criminal act, it shall order the person discharged from further constraint under this chapter.

b. If the court finds that the individual is mentally ill or defective and that there is a substantial risk, as a result of mental illness or defect, that the individual will commit a criminal act of violence threatening another individual with bodily injury or inflicting property damage and that the individual is not a proper subject for conditional release, it shall order the individual committed to a treatment facility for custody and treatment. If the court finds that the risk that the individual will commit an act of violence threatening another individual with bodily injury or inflicting property damage will be controlled adequately with supervision and treatment if the individual is conditionally released and that necessary supervision and treatment are available, it shall order the person released subject to conditions it considers appropriate for the protection of society.

c. If the court finds that the individual is mentally ill or defective and that there is a substantial risk, as a result of mental illness or defect, that the individual will commit a criminal act not included in subdivision b, it shall order the individual to report to a treatment facility for noncustodial evaluation and treatment and to accept nonexperimental, generally accepted medical, psychiatric, or psychological treatment recommended by the treatment facility.

CREDIT(S)

S.L. 1985, ch. 173, § 22.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-04.1-23

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-04.1. Criminal Responsibility and Post-Trial Responsibility Act (Refs & Annos)

§ 12.1-04.1-23. Terms of commitment--Periodic review of commitment

1. Unless an order of commitment of an individual to a treatment facility provides for special terms as to custody during commitment, the director or superintendent of the treatment facility may determine from time to time the nature of the constraints necessary within the treatment facility to carry out the court's order. In an order of commitment, the court may authorize the director or superintendent to allow the individual a limited leave of absence from the treatment facility on terms the court may direct.

2. In an order of commitment of an individual to a treatment facility under this chapter, the court shall set a date for review of the status of the individual. The date set must be within one year after the date of the order.

3. At least sixty days before a date for review fixed in a court order, the director or superintendent of the treatment facility shall inquire as to whether the individual is presently represented by counsel and file with the court a written report of the facts ascertained. If the individual is not represented by counsel, counsel must be provided at public expense to consult with the individual and, if the individual is indigent, to seek arrangement of counsel at public expense to represent the individual in a proceeding for conditional release or discharge.

4. If the court finds in a review that the individual lacks sufficient financial resources to retain the services of a mental health professional and that those services are otherwise not available, the court shall authorize reasonable expenditures from public funds for the individual's retention of the services of one or more mental health professionals to examine the individual and make other inquiry concerning the individual's mental condition. In proceedings brought before the next date for review, the court may authorize expenditures from public funds for that purpose.

5. If an application for review of the status of the individual has not been filed by the date for review, the director or superintendent shall file a motion for a new date for review to be set by the court. The date set must be within one year after the previous date for review.

CREDIT(S)

S.L. 1985, ch. 173, § 23; S.L. 2007, ch. 119, § 1, eff. Aug. 1, 2007.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-04.1-24

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-04.1. Criminal Responsibility and Post-Trial Responsibility Act (Refs & Annos)

§ 12.1-04.1-24. Modification of order of commitment--Conditional release or discharge--Release plan

1. After commitment of an individual to a treatment facility under this chapter, the director or superintendent may apply to the court for modification of the terms of an order of commitment or for an order of conditional release or discharge. The application must be accompanied by a report setting forth the facts supporting the application and, if the application is for conditional release, a plan for supervision and treatment of the individual.

2. An individual who has been committed to a treatment facility under this chapter, or another person acting on the individual's behalf, may apply to the court for modification of the terms of a commitment order or for an order of conditional release or discharge. If the application is being considered by the court at the time of the review of the order of commitment, the court shall require a report from the director or superintendent of the treatment facility.

3. The court shall consider and dispose of an application under this section promptly. In a proceeding under this section, the applicant has the burden of proof by a preponderance of the evidence. The court shall enter an order in accordance with the following requirements:

a. If the court finds that the individual committed is not mentally ill or defective or that there is not a substantial risk that the individual will commit, as a result of mental illness or defect, a criminal act, it shall order the individual discharged from further constraint under this chapter.

b. If the court finds that the individual is mentally ill or defective, but that there is not a substantial risk that the individual will commit, as a result of mental illness or defect, a criminal act of violence threatening another individual with bodily injury or inflicting property damage, it shall vacate the order committing the individual to a treatment facility. If the court finds that there is a substantial risk that the individual will commit, as a result of mental illness or defect, a nonviolent criminal act, it may order the individual to report to any treatment facility for noncustodial evaluation and treatment and to accept nonexperimental, generally accepted medical, psychiatric, or psychological treatment recommended by the treatment facility.

c. If the court finds that the individual is mentally ill or defective, but that the risk that the individual will commit, as a result of mental illness or defect, a criminal act of violence threatening another individual with bodily injury or inflicting property damage will be controlled adequately with supervision and treatment and that necessary supervision and treatment are available, it shall order the individual released subject to conditions it considers appropriate for the protection of society.

4. In any proceeding for modification of an order of commitment to a treatment facility, if the individual has been represented by counsel and the application for modification of the order of commitment is denied after a plenary hearing, the court shall set a new date for periodic review of the status of the individual. The date set must be within one year after the date of the order.

CREDIT(S)

S.L. 1985, ch. 173, § 24.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-04.1-25

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-04.1. Criminal Responsibility and Post-Trial Responsibility Act (Refs & Annos)

§ 12.1-04.1-25. Conditional release--Modification--Revocation--Discharge

1. In an order for conditional release of an individual, the court shall designate a treatment facility or a person to be responsible for supervision of the individual.

2. As a condition of release, the court may require the individual released to report to any treatment facility for evaluation and treatment, require the individual to accept nonexperimental, generally accepted medical, psychiatric, or psychological treatment recommended by the treatment facility, and impose other conditions reasonably necessary for protection of society.

3. The person or the director or superintendent of a treatment facility responsible for supervision of an individual released shall furnish reports to the court, at intervals prescribed by the court, concerning the mental condition of the individual. Copies of reports submitted to the court must be furnished to the individual and to the prosecuting attorney.

4. If there is reasonable cause to believe that the individual released presents an imminent threat to cause bodily injury to another, the person or the director or superintendent of the treatment facility responsible for supervision of the individual pursuant to an order of conditional release may take the individual into custody or request that the individual be taken into custody. An individual taken into custody under this subsection must be accorded an emergency hearing before the court not later than the next court day to determine whether the individual should be retained in custody pending a further order pursuant to subsection 5.

5. Upon application by an individual conditionally released, by the director or superintendent of the treatment facility or person responsible for supervision of an individual pursuant to an order of conditional release, or by the prosecuting attorney, the court shall determine whether to continue, modify, or terminate the order. The court shall consider and dispose of an application promptly. In a proceeding under this section, the applicant has the burden of proof by a preponderance of the evidence. The court shall enter an order in accordance with the following requirements:

a. If the court finds that the individual is not mentally ill or defective or that there is not a substantial risk that the individual will commit, as a result of mental illness or defect, a criminal act, it shall order that the individual be discharged from further constraint under this chapter.

c. If the court finds that the individual is mentally ill or defective and that there is a substantial risk that the individual will commit, as a result of mental illness or defect, a criminal act of violence threatening another individual with bodily injury or inflicting property damage and that the individual is no longer a proper subject for conditional release, it shall order the individual committed to a treatment facility for custody and treatment. If the court finds that the individual is mentally ill or defective and that there is a substantial risk that the individual, as a result of mental illness or defect, will commit a nonviolent criminal act, it may order the individual to report to any treatment facility for noncustodial evaluation and treatment and to accept nonexperimental, generally accepted medical, psychiatric, or psychological treatment recommended by the treatment facility.

CREDIT(S)

S.L. 1985, ch. 173, § 25.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-04.1-26

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-04.1. Criminal Responsibility and Post-Trial Responsibility Act (Refs & Annos)

§ 12.1-04.1-26. Procedures

1. An applicant for a court order under sections 12.1-04.1-20 through 12.1-04.1-25 shall deliver a copy of the application and any accompanying documents to the individual committed, the prosecuting attorney, the director or superintendent of the treatment facility to which the individual has been committed, or the person or the director or superintendent of a treatment facility responsible for supervision of an individual conditionally released. The North Dakota Rules of Civil Procedure, adapted by the court to the circumstances of a postverdict proceeding, apply to a proceeding under sections 12.1-04.1-20 through 12.1-04.1-25.

2. In a proceeding under sections 12.1-04.1-20 through 12.1-04.1-25 for an initial order of disposition, in a proceeding for modification or termination of an order of commitment to a treatment facility initiated by the individual at the time of a review, or in a proceeding in which the status of the individual might be adversely affected, the individual has a right to counsel. If the court finds that the individual is indigent and that counsel is not otherwise available, counsel must be provided at public expense to represent the individual.

3. In a proceeding under sections 12.1-04.1-20 through 12.1-04.1-25, the North Dakota Rules of Evidence do not apply. If relevant, evidence adduced in the criminal trial of the individual and information obtained by court-ordered examinations of the individual pursuant to section 12.1-04.1-04 or 12.1-04.1-22 are admissible.

4. A final order of the court is appealable to the supreme court.

CREDIT(S)

S.L. 1985, ch. 173, § 26; S.L. 2007, ch. 119, § 2, eff. Aug. 1, 2007.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-05-01

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-05. Justification--Excuse--Affirmative Defenses

§ 12.1-05-01. Justification

1. Except as otherwise expressly provided, justification or excuse under this chapter is a defense.

2. If a person is justified or excused in using force against another, but he recklessly or negligently injures or creates a risk of injury to other persons, the justifications afforded by this chapter are unavailable in a prosecution for such recklessness or negligence.

3. That conduct may be justified or excused within the meaning of this chapter does not abolish or impair any remedy for such conduct which is available in any civil action.

CREDIT(S)

S.L. 1973, ch. 116, § 5.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-05-02

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-05. Justification--Excuse--Affirmative Defenses

§ 12.1-05-02. Execution of public duty

1. Conduct engaged in by a public servant in the course of the person's official duties is justified when it is required or authorized by law.

2. A person who has been directed by a public servant to assist that public servant is justified in using force to carry out the public servant's direction, unless the action directed by the public servant is plainly unlawful.

3. A person is justified in using force upon another to effect that person's arrest or prevent that person's escape when a public servant authorized to make the arrest or prevent the escape is not available if the other person has committed, in the presence of the actor, any crime which the actor is justified in using force to prevent, or if the other person has committed a felony involving force or violence.

4. Conduct engaged in by an individual at the direction of a public servant, known by that individual to be a law enforcement officer, to assist in the investigation of a criminal offense is justified unless the individual knows or has a firm belief, unaccompanied by substantial doubt, that the conduct is not within the law enforcement officer's official duties or authority. For purposes of this subsection, conduct “not within the law enforcement officer's official duties or authority” is conduct in which the law enforcement officer alone could not lawfully engage in that officer's official capacity. When practicable, permission must be obtained from a parent or guardian of a minor who is under the age of eighteen years and is neither married nor in the military service of the United States before the minor may engage in conduct, other than the providing of information, to assist in a criminal investigation under the direct supervision of a public servant.

CREDIT(S)

S.L. 1973, ch. 116, § 5; S.L. 2001, ch. 130, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-05-03

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-05. Justification--Excuse--Affirmative Defenses

§ 12.1-05-03. Self-defense

A person is justified in using force upon another person to defend himself against danger of imminent unlawful bodily injury, sexual assault, or detention by such other person, except that:

1. A person is not justified in using force for the purpose of resisting arrest, execution of process, or other performance of duty by a public servant under color of law, but excessive force may be resisted.

2. A person is not justified in using force if:

a. He intentionally provokes unlawful action by another person to cause bodily injury or death to such other person; or

b. He has entered into a mutual combat with another person or is the initial aggressor unless he is resisting force which is clearly excessive in the circumstances. A person's use of defensive force after he withdraws from an encounter and indicates to the other person that he has done so is justified if the latter nevertheless continues or menaces unlawful action.

CREDIT(S)

S.L. 1973, ch. 116, § 5.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-05-04

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-05. Justification--Excuse--Affirmative Defenses

§ 12.1-05-04. Defense of others

A person is justified in using force upon another person in order to defend anyone else if:

1. The person defended would be justified in defending himself; and

2. The person coming to the defense has not, by provocation or otherwise, forfeited the right of self-defense.

CREDIT(S)

S.L. 1973, ch. 116, § 5.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-05-05

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-05. Justification--Excuse--Affirmative Defenses

§ 12.1-05-05. Use of force by persons with parental, custodial, or similar responsibilities

The use of force upon another person is justified under any of the following circumstances:

1. Except as provided in section 15.1-19-02, a parent, guardian, or other person responsible for the care and supervision of a minor, or other person responsible for the care and supervision of a minor for a special purpose, or a person acting at the direction of any of the foregoing persons, may use reasonable force upon the minor for the purpose of safeguarding or promoting the minor's welfare, including prevention and punishment of the minor's misconduct, and the maintenance of proper discipline. The force may be used for this purpose, whether or not it is “necessary” as required by subsection 1 of section 12.1-05-07. The force used must not create a substantial risk of death, serious bodily injury, disfigurement, or gross degradation.

2. A guardian or other person responsible for the care and supervision of an incompetent person, or a person acting at the direction of the guardian or responsible person, may use reasonable force upon the incompetent person for the purpose of safeguarding or promoting the incompetent person's welfare, including the prevention of the incompetent person's misconduct or, when the incompetent person is in a hospital or other institution for care and custody, for the purpose of maintaining reasonable discipline in the institution. The force may be used for these purposes, whether or not it is “necessary” as required by subsection 1 of section 12.1-05-07. The force used must not create a substantial risk of death, serious bodily injury, disfigurement, or gross degradation.

3. A person responsible for the maintenance of order in a vehicle, train, vessel, aircraft, or other carrier, or in a place where others are assembled, or a person acting at the responsible person's direction, may use force to maintain order.

4. A duly licensed physician, or a person acting at a duly licensed physician's direction, may use force in order to administer a recognized form of treatment to promote the physical or mental health of a patient if the treatment is administered:

a. In an emergency;

b. With the consent of the patient, or, if the patient is a minor or an incompetent person, with the consent of the patient's parent, guardian, or other person entrusted with the patient's care and supervision; or

c. By order of a court of competent jurisdiction.

5. A person may use force upon another person, about to commit suicide or suffer serious bodily injury, to prevent the death or serious bodily injury of such other person.

CREDIT(S)

S.L. 1973, ch. 116, § 5; S.L. 1989, ch. 162, § 1; S.L. 1999, ch. 164, § 2.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-05-06

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-05. Justification--Excuse--Affirmative Defenses

§ 12.1-05-06. Use of force in defense of premises and property

Force is justified if it is used to prevent or terminate an unlawful entry or other trespass in or upon premises, or to prevent an unlawful carrying away or damaging of property, if the person using such force first requests the person against whom such force is to be used to desist from his interference with the premises or property, except that a request is not necessary if it would be useless or dangerous to make the request or substantial damage would be done to the property sought to be protected before the request could effectively be made.

CREDIT(S)

S.L. 1973, ch. 116, § 5.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-05-07

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-05. Justification--Excuse--Affirmative Defenses

§ 12.1-05-07. Limits on the use of force--Excessive force--Deadly force

1. An individual is not justified in using more force than is necessary and appropriate under the circumstances.

2. Deadly force is justified in the following instances:

a. When it is expressly authorized by law or occurs in the lawful conduct of war.

b. When used in lawful self-defense, or in lawful defense of others, if such force is necessary to protect the actor or anyone else against death, serious bodily injury, or the commission of a felony involving violence. The use of deadly force is not justified if it can be avoided, with safety to the actor and others, by retreat or other conduct involving minimal interference with the freedom of the individual menaced. An individual seeking to protect another individual must, before using deadly force, try to cause the other individual to retreat, or otherwise comply with the requirements of this provision, if safety can be obtained thereby. However, the duty to retreat or avoid force does not apply under the following circumstances:

(1) A public servant justified in using force in the performance of the public servant's duties or an individual justified in using force in assisting the public servant need not desist from the public servant's or individual's efforts because of resistance or threatened resistance by or on behalf of the other individual against whom the public servant's or individual's action is directed; and

(2) An individual is not required to retreat within or from that individual's dwelling or place of work or from an occupied motor home or travel trailer as defined in section 39-01-01, unless the individual was the original aggressor or is assailed by another individual who the individual knows also dwells or works there or who is lawfully in the motor home or travel trailer.

c. When used by an individual in possession or control of a dwelling, place of work, or an occupied motor home or travel trailer as defined in section 39-01-01, or by an individual who is licensed or privileged to be there, if the force is necessary to prevent commission of arson, burglary, robbery, or a felony involving violence upon or in the dwelling, place of work, or occupied motor home or travel trailer, and the use of force other than deadly force for these purposes would expose any individual to substantial danger of serious bodily injury.

d. When used by a public servant authorized to effect arrests or prevent escapes, if the force is necessary to effect an arrest or to prevent the escape from custody of an individual who has committed or attempted to commit a felony involving violence, or is attempting to escape by the use of a deadly weapon, or has otherwise indicated that the individual is likely to endanger human life or to inflict serious bodily injury unless apprehended without delay.

e. When used by a guard or other public servant, if the force is necessary to prevent the escape of a prisoner from a detention facility, unless the guard or public servant knows that the prisoner is not an individual as described in subdivision d. A detention facility is any place used for the confinement, pursuant to a court order, of an individual charged with or convicted of an offense, charged with being or adjudicated a juvenile delinquent, held for extradition, or otherwise confined under court order.

f. When used by a duly licensed physician, or an individual acting at the physician's direction, if the force is necessary to administer a recognized form of treatment to promote the physical or mental health of a patient and if the treatment is administered in an emergency; with the consent of the patient, or, if the patient is a minor or an incompetent person, with the consent of the patient's parent, guardian, or other person entrusted with the patient's care and supervision; or by order of a court of competent jurisdiction.

g. When used by an individual who is directed or authorized by a public servant, and who does not know that the public servant is not authorized to use deadly force under the circumstances.

CREDIT(S)

S.L. 1973, ch. 116, § 5; S.L. 2007, ch. 120, § 1, eff. Aug. 1, 2007.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-05-07.1

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-05. Justification--Excuse--Affirmative Defenses

§ 12.1-05-07.1. Use of deadly force--Presumption of fear of death or serious bodily injury

1. An individual is presumed to have held a reasonable fear of imminent peril of death or serious bodily injury to that individual or another when using deadly force if:

a. The individual against whom the deadly force was used was in the process of unlawfully and forcibly entering, or had unlawfully and forcibly entered and remains within a dwelling, place of work, or occupied motor home or travel trailer as defined in section 39-01-01, or if the individual had removed or was attempting to remove another against that individual's will from the dwelling, place of work, or occupied motor home or travel trailer as defined in section 39-01-01; and

b. The individual who uses deadly force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.

2. The presumption in subsection 1 may be rebutted by proof beyond a reasonable doubt that the individual who used the deadly force did not have a reasonable fear of imminent peril of death or serious bodily injury to that individual or another.

3. The presumption in subsection 1 does not apply if the court finds that any of the following have occurred:

a. The individual against whom the deadly force is used has the right to be in or is a lawful resident of the dwelling, place of work, or occupied motor home or travel trailer as defined in section 39-01-01, including an owner, lessee, or titleholder, and there is not a temporary or permanent domestic violence protection order or any other order of no contact against that individual;

b. The individual removed or sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship of, the individual against whom the deadly force is used;

c. The individual who uses deadly force is engaged in the commission of a crime or is using the dwelling, place of work, or occupied motor home or travel trailer as defined in section 39-01-01 to further the commission of a crime; or

d. The individual against whom the deadly force is used is a law enforcement officer who enters or attempts to enter a dwelling, place of work, or occupied motor home or travel trailer as defined in section 39-01-01 in the performance of official duties and the officer provided identification, if required, in accordance with any applicable law or warrant from a court, or if the individual using force knew or reasonably should have known that the individual entering or attempting to enter was a law enforcement officer.

CREDIT(S)

S.L. 2007, ch. 120, § 2, eff. Aug. 1, 2007.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-05-07.2

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-05. Justification--Excuse--Affirmative Defenses

§ 12.1-05-07.2. Immunity from civil liability for justifiable use of force

1. An individual who uses force as permitted under this chapter is immune from civil liability for the use of the force to the individual against whom force was used or to that individual's estate unless that individual is a law enforcement officer who was acting in the performance of official duties and the officer provided identification, if required, in accordance with any applicable law or warrant from a court, or if the individual using force knew or reasonably should have known that the individual was a law enforcement officer.

2. The court shall award reasonable attorney's fees and court costs and disbursements incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from civil liability as provided in subsection 1.

CREDIT(S)

S.L. 2007, ch. 120, § 3, eff. Aug. 1, 2007.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-05-08

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-05. Justification--Excuse--Affirmative Defenses

§ 12.1-05-08. Excuse

A person's conduct is excused if he believes that the facts are such that his conduct is necessary and appropriate for any of the purposes which would establish a justification or excuse under this chapter, even though his belief is mistaken. However, if his belief is negligently or recklessly held, it is not an excuse in a prosecution for an offense for which negligence or recklessness, as the case may be, suffices to establish culpability. Excuse under this section is a defense or affirmative defense according to which type of defense would be established had the facts been as the person believed them to be.

CREDIT(S)

S.L. 1973, ch. 116, § 5.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-05-09

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-05. Justification--Excuse--Affirmative Defenses

§ 12.1-05-09. Mistake of law

Except as otherwise expressly provided, a person's good faith belief that conduct does not constitute a crime is an affirmative defense if he acted in reasonable reliance upon a statement of the law contained in:

1. A statute or other enactment.

2. A judicial decision, opinion, order, or judgment.

3. An administrative order or grant of permission.

4. An official interpretation of the public servant or body charged by law with responsibility for the interpretation, administration, or enforcement of the law defining the crime.

CREDIT(S)

S.L. 1973, ch. 116, § 5.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-05-10

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-05. Justification--Excuse--Affirmative Defenses

§ 12.1-05-10. Duress

1. In a prosecution for any offense, it is an affirmative defense that the actor engaged in the proscribed conduct because he was compelled to do so by threat of imminent death or serious bodily injury to himself or to another. In a prosecution for an offense which does not constitute a felony, it is an affirmative defense that the actor engaged in the proscribed conduct because he was compelled to do so by force or threat of force. Compulsion within the meaning of this section exists only if the force, threat, or circumstances are such as would render a person of reasonable firmness incapable of resisting the pressure.

2. The defense defined in this section is not available to a person who, by voluntarily entering into a criminal enterprise, or otherwise, willfully placed himself in a situation in which it was foreseeable that he would be subjected to duress. The defense is also unavailable if he was negligent in placing himself in such a situation, whenever negligence suffices to establish culpability for the offense charged.

CREDIT(S)

S.L. 1973, ch. 116, § 5.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-05-11

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-05. Justification--Excuse--Affirmative Defenses

§ 12.1-05-11. Entrapment

1. It is an affirmative defense that the defendant was entrapped into committing the offense.

2. A law enforcement agent perpetrates an entrapment if, for the purpose of obtaining evidence of the commission of a crime, the law enforcement agent induces or encourages and, as a direct result, causes another person to engage in conduct constituting such a crime by employing methods of persuasion or inducement which create a substantial risk that such crime will be committed by a person other than one who is ready to commit it. Conduct merely affording a person an opportunity to commit an offense does not constitute entrapment.

3. In this section “law enforcement agent” includes personnel of federal and local law enforcement agencies as well as state agencies, and any person cooperating with such an agency.

CREDIT(S)

S.L. 1973, ch. 116, § 5; S.L. 1993, ch. 117, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-05-12

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-05. Justification--Excuse--Affirmative Defenses

§ 12.1-05-12. Definitions

In this chapter:

1. “Deadly force” means force which a person uses with the intent of causing, or which he knows creates a substantial risk of causing, death or serious bodily injury. A threat to cause death or serious bodily injury, by the production of a weapon or otherwise, so long as the actor's intent is limited to creating an apprehension that he will use deadly force if necessary, does not constitute deadly force.

2. “Dwelling” means any building or structure, though movable or temporary, or a portion thereof, which is for the time being a person's home or place of lodging.

3. “Force” means physical action, threat, or menace against another, and includes confinement.

4. “Premises” means all or any part of a building or real property, or any structure, vehicle, or watercraft used for overnight lodging of persons, or used by persons for carrying on business therein.

CREDIT(S)

S.L. 1973, ch. 116, § 5.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-06-01

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-06. Criminal Attempt--Facilitation--Solicitation--Conspiracy

§ 12.1-06-01. Criminal attempt

1. A person is guilty of criminal attempt if, acting with the kind of culpability otherwise required for commission of a crime, he intentionally engages in conduct which, in fact, constitutes a substantial step toward commission of the crime. A “substantial step” is any conduct which is strongly corroborative of the firmness of the actor's intent to complete the commission of the crime. Factual or legal impossibility of committing the crime is not a defense, if the crime could have been committed had the attendant circumstances been as the actor believed them to be.

2. A person who engages in conduct intending to aid another to commit a crime is guilty of criminal attempt if the conduct would establish his complicity under section 12.1-03-01 were the crime committed by the other person, even if the other is not guilty of committing or attempting the crime, for example, because he has a defense of justification or entrapment.

3. Criminal attempt is an offense of the same class as the offense attempted, except that (a) an attempt to commit a class AA felony is a class A felony and an attempt to commit a class A felony is a class B felony; and (b) whenever it is established by a preponderance of the evidence at sentencing that the conduct constituting the attempt did not come dangerously close to commission of the crime, an attempt to commit a class B felony shall be a class C felony and an attempt to commit a class C felony shall be a class A misdemeanor.

CREDIT(S)

S.L. 1973, ch. 116, § 6; S.L. 1983, ch. 162, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-06-02

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-06. Criminal Attempt--Facilitation--Solicitation--Conspiracy

§ 12.1-06-02. Criminal facilitation

1. A person is guilty of criminal facilitation if he knowingly provides substantial assistance to a person intending to commit a felony and that person, in fact, commits the crime contemplated, or a like or related felony, employing the assistance so provided. The ready lawful availability from others of the goods or services provided by a defendant is a factor to be considered in determining whether or not his assistance was substantial. This section does not apply to a person who is either expressly or by implication made not accountable by the statute defining the felony facilitated or related statutes.

2. Except as otherwise provided, it is no defense to a prosecution under this section that the person whose conduct the defendant facilitated has been acquitted, has not been prosecuted or convicted, has been convicted of a different offense, is immune from prosecution, or is otherwise not subject to justice.

3. Facilitation of a class A felony is a class C felony. Facilitation of a class B or class C felony is a class A misdemeanor.

CREDIT(S)

S.L. 1973, ch. 116, § 6.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-06-03

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-06. Criminal Attempt--Facilitation--Solicitation--Conspiracy

§ 12.1-06-03. Criminal solicitation

1. A person is guilty of criminal solicitation if he commands, induces, entreats, or otherwise attempts to persuade another person to commit a particular felony, whether as principal or accomplice, with intent to promote or facilitate the commission of that felony, under circumstances strongly corroborative of that intent, and if the person solicited commits an overt act in response to the solicitation.

2. It is a defense to a prosecution under this section that, if the criminal object were achieved, the defendant would be a victim of the offense, or the offense is so defined that his conduct would be inevitably incident to its commission, or he otherwise would not be guilty under the statute defining the offense or as an accomplice under section 12.1-03-01.

3. It is no defense to a prosecution under this section that the person solicited could not be guilty of the offense because of lack of responsibility or culpability, or other incapacity or defense.

4. Criminal solicitation is an offense of the class next below that of the offense solicited.

CREDIT(S)

S.L. 1973, ch. 116, § 6.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-06-04

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-06. Criminal Attempt--Facilitation--Solicitation--Conspiracy

§ 12.1-06-04. Criminal conspiracy

1. A person commits conspiracy if he agrees with one or more persons to engage in or cause conduct which, in fact, constitutes an offense or offenses, and any one or more of such persons does an overt act to effect an objective of the conspiracy. The agreement need not be explicit but may be implicit in the fact of collaboration or existence of other circumstances.

2. If a person knows or could expect that one with whom he agrees has agreed or will agree with another to effect the same objective, he shall be deemed to have agreed with the other, whether or not he knows the other's identity.

3. A conspiracy shall be deemed to continue until its objectives are accomplished, frustrated, or abandoned. “Objectives” includes escape from the scene of the crime, distribution of booty, and measures, other than silence, for concealing the crime or obstructing justice in relation to it. A conspiracy shall be deemed abandoned if no overt act to effect its objectives has been committed by any conspirator during the applicable period of limitations.

4. It is no defense to a prosecution under this section that the person with whom such person is alleged to have conspired has been acquitted, has not been prosecuted or convicted, has been convicted of a different offense, is immune from prosecution, or is otherwise not subject to justice.

5. Accomplice liability for offenses committed in furtherance of the conspiracy is to be determined as provided in section 12.1-03-01.

6. Conspiracy is an offense of the same class as the crime which was the objective of the conspiracy.

CREDIT(S)

S.L. 1973, ch. 116, § 6; S.L. 1983, ch. 162, § 2.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-06-05

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-06. Criminal Attempt--Facilitation--Solicitation--Conspiracy

§ 12.1-06-05. General provisions

1. The definition of an offense in sections 12.1-06-01 to 12.1-06-04 does not apply to another offense also defined in sections 12.1-06-01 to 12.1-06-04.

2. Whenever “attempt” or “conspiracy” is made an offense outside this chapter, it means attempt or conspiracy, as the case may be, as defined in this chapter.

3. a. Other than as provided in subsection 4, in a prosecution under section 12.1-06-01, it is an affirmative defense that, under circumstances manifesting a voluntary and complete renunciation of criminal intent, the defendant avoided the commission of the crime attempted by abandoning any criminal effort and, if mere abandonment was insufficient to accomplish such avoidance, by taking further and affirmative steps which prevented the commission thereof.

b. Other than as provided in subsection 4, in a prosecution under section 12.1-06-03 or 12.1-06-04, it is an affirmative defense that, under circumstances manifesting a voluntary and complete renunciation of criminal intent, the defendant prevented the commission of the crime solicited or of the crime or crimes contemplated by the conspiracy.

c. A renunciation is not “voluntary and complete” within the meaning of this section if it is motivated in whole or in part by (1) a belief that a circumstance exists which increases the probability of detection or apprehension of the defendant or another participant in the criminal operation, or which makes more difficult the consummation of the crime, or (2) a decision to postpone the criminal conduct until another time or to substitute another victim, or another but similar objective.

4. An individual is immune from prosecution under this chapter if:

a. The individual voluntarily and completely renounced the individual's criminal intent;

b. The individual is a student enrolled in an elementary school, middle school, or a high school in this state or is enrolled at an institution of higher education in this state;

c. The offense would have resulted in:

(1) Harm to another student enrolled in an elementary school, middle school, or a high school in this state;

(2) Harm to another student enrolled in an institution of higher education in this state;

(3) Harm to an employee of a school district or a nonpublic school in this state;

(4) Harm to an employee of an institution of higher education in this state; or

(5) Damage to property of a school district in this state or property of an institution of higher education in this state; and

d. The renunciation was given to a law enforcement officer, to an administrator of a school or school district in this state, or to an official of an institution of higher education in this state before any harm to others or damage to property occurs.

CREDIT(S)

S.L. 1973, ch. 116, § 6; S.L. 2007, ch. 121, § 1, eff. May 1, 2007; S.L. 2007, ch. 162, § 1, eff. May 4, 2007.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-06.1-01

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-06.1. Racketeer Influenced and Corrupt Organizations

§ 12.1-06.1-01. Definitions

1. For the purpose of section 12.1-06.1-02:

a. “Combination” means persons who collaborate in carrying on or furthering the activities or purposes of a criminal association even though those persons may not know each other's identity or membership in the combination may change from time to time or one or more members may stand in a wholesaler-retailer or other arm's-length relationship with others as to activities or dealings between or among themselves in an illicit operation.

b. “Criminal association” means any combination of persons or enterprises engaging, or having the purpose of engaging, on a continuing basis in conduct which violates any one or more provisions of any felony statute of this state or which is the willful and illegal transportation or disposal of radioactive waste material or hazardous waste.

2. For the purposes of sections 12.1-06.1-02 through 12.1-06.1-07, unless the context otherwise requires:

a. “Control” means the possession of a sufficient interest to permit substantial direction over the affairs of an enterprise.

b. “Enterprise” means any corporation, limited liability company, association, labor union, or other legal entity or any group of persons associated in fact although not a legal entity.

c. “Financial institution” means any bank, trust company, savings and loan association, credit union, or moneylender under the jurisdiction of the state department of financial institutions or its commissioner, or the state banking board, or the state credit union board.

d. “Illegal transportation or disposal of radioactive waste material or hazardous waste” means the transportation or disposal into a nonhazardous waste landfill or the intentional and unlawful dumping into or on any land or water of radioactive waste material in violation of section 23-20.2-09 or rules adopted pursuant to that section which were in effect on January 1, 1997, or hazardous waste in willful violation of chapter 23-20.3 or the rules adopted pursuant to that chapter which were in effect on January 1, 1997, except for the handling of conditionally exempt small quantities of hazardous waste as referenced in section 33-24-02-05 of the North Dakota Administrative Code.

e. “Pattern of racketeering activity” requires at least two acts of racketeering activity, one of which occurred after July 8, 1987, and the last of which occurred within ten years, excluding any period of imprisonment, after the commission of a prior act of racketeering activity.

f. “Racketeering” means any act including any criminal attempt, facilitation, solicitation, or conspiracy, committed for financial gain, which is chargeable or indictable under the laws of the state in which the act occurred and, if the act occurred in a state other than this state, would be chargeable or indictable under the laws of this state had the act occurred in this state and punishable by imprisonment for more than one year, regardless of whether such act is charged or indicted, involving:

(1) Homicide.

(2) Robbery.

(3) Kidnapping.

(4) Forgery.

(5) Theft.

(6) Bribery.

(7) Gambling.

(8) Usury.

(9) Extortion.

(10) Unlawful delivery of controlled substances.

(11) Trafficking in explosives, weapons, or stolen property.

(12) Leading a criminal association.

(13) Obstructing or hindering criminal investigations or prosecutions.

(14) Asserting false claims including, but not limited to, false claims asserted through fraud or arson.

(15) Fraud.

(16) Sale of unregistered securities or real property securities and transactions involving such securities by unregistered dealers or salesmen.

(17) Obscenity.

(18) Child pornography.

(19) Prostitution.

(20) Human trafficking.

g. “Records” means any book, paper, writing, record, computer program, or other material.

3. For the purposes of section 12.1-06.1-08:

a. “Access” means to approach, instruct, communicate with, store data in, retrieve data from, or otherwise make use of any resources of a computer, computer system, or computer network.

b. “Computer” means an electronic device which performs work using programmed instruction and which has one or more of the capabilities of storage, logic, arithmetic, communication, or memory and includes all input, output, processing, storage, software, or communication facilities that are connected or related to such a device in a system or network.

c. “Computer network” means the interconnection of communication lines, including microwave, fiber optics, light beams, or other means of electronic or optic data communication, with a computer through remote terminals or a complex consisting of two or more interconnected computers.

d. “Computer program” means a series of instructions or statements, in a form acceptable to a computer, which permits the functioning of a computer system in a manner designed to provide appropriate products from such computer system.

e. “Computer software” means a set of computer programs, procedures, and associated documentation concerned with the operation of a computer system.

f. “Computer system” means a set of related, connected, or unconnected computer equipment, devices, and software.

g. “Financial instrument” means any credit card, debit card, or electronic fund transfer card, code, or other means of access to an account for the purpose of initiating electronic fund transfers, or any check, draft, money order, certificate of deposit, letter of credit, bill of exchange, marketable security, or any other written instrument which is transferable for value.

h. “Property” includes financial instruments, information, electronically produced or stored data, supporting documentation, computer software, and computer programs in either machine or human readable form, and any other tangible or intangible item of value.

i. “Services” includes computer time, data processing, storage functions, and other uses of a computer, computer system, or computer network to perform useful work.

CREDIT(S)

S.L. 1983, ch. 163, § 1; S.L. 1987, ch. 164, § 1; S.L. 1987, ch. 165, § 1; S.L. 1993, ch. 54, § 106; S.L. 1995, ch. 124, § 2; S.L. 1997, ch. 119, § 1; S.L. 2001, ch. 88, § 68; S.L. 2009, ch. 139, § 2, eff. Aug. 1, 2009.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-06.1-02

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-06.1. Racketeer Influenced and Corrupt Organizations

§ 12.1-06.1-02. Leading a criminal association--Classification

1. A person is guilty of an offense by any of the following:

a. Intentionally organizing, managing, directing, supervising, or financing a criminal association.

b. Knowingly inciting or inducing others to engage in violence or intimidation to promote or further the criminal objectives of a criminal association.

c. Willfully furnishing advice, assistance, or direction in the conduct, financing, or management of a criminal association's affairs with the intent to promote or further the criminal objectives of a criminal association.

d. Intentionally promoting or furthering the criminal objectives of a criminal association by inducing or committing any act or omission by a public servant in violation of official duty.

2. No person shall be convicted pursuant to this section on the basis of accountability as an accomplice unless that person aids or participates in violating this section in one of the ways specified.

3. Leading a criminal association is a class B felony.

CREDIT(S)

S.L. 1983, ch. 163, § 2; S.L. 1995, ch. 124, § 3; S.L. 1997, ch. 119, § 2.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-06.1-03

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-06.1. Racketeer Influenced and Corrupt Organizations

§ 12.1-06.1-03. Illegal control of an enterprise--Illegally conducting an enterprise

1. A person is guilty of an offense if such person, through a pattern of racketeering activity or its proceeds, acquires or maintains, by investment or otherwise, control of any enterprise.

2. A person is guilty of an offense if the person is employed or associated with any enterprise and conducts or participates in the conduct of that enterprise's affairs through a pattern of racketeering activity.

3. A knowing violation of this section is a class B felony.

CREDIT(S)

S.L. 1983, ch. 163, § 3; S.L. 1987, ch. 165, § 2; S.L. 1995, ch. 124, § 4.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-06.1-04

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-06.1. Racketeer Influenced and Corrupt Organizations

§ 12.1-06.1-04. Judicial powers over racketeering criminal cases

During the pendency of any criminal case charging an offense included in the definition of racketeering if it is shown to the satisfaction of the court when ruling upon the application for the order that the racketeering offense has occurred as a part of a pattern of racketeering activity or a violation of section 12.1-06.1-02 or 12.1-06.1-03, the court may, in addition to its other powers, issue an order pursuant to subsections 1 and 2 of section 12.1-06.1-05. Upon conviction of a person for an offense included in the definition of racketeering if it is shown to the satisfaction of the court when ruling upon the application for the order that the racketeering offense has occurred as a part of a pattern of racketeering activity or a violation of section 12.1-06.1-02 or 12.1-06.1-03, the court may, in addition to its other powers, issue an order pursuant to section 12.1-06.1-05.

CREDIT(S)

S.L. 1983, ch. 163, § 4; S.L. 1987, ch. 165, § 3; S.L. 1997, ch. 119, § 3.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-06.1-05

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-06.1. Racketeer Influenced and Corrupt Organizations

§ 12.1-06.1-05. Racketeering--Civil remedies

1. A person who sustains injury to person, business, or property by a pattern of racketeering activity or by a violation of section 12.1-06.1-02 or 12.1-06.1-03 may file an action in district court for the recovery of treble damages and the costs of the suit, including reasonable attorney fees. The state may file an action in behalf of those persons injured or to prevent, restrain, or remedy a pattern of racketeering activity or a violation of section 12.1-06.1-02 or 12.1-06.1-03.

2. The district court has jurisdiction to prevent, restrain, and remedy a pattern of racketeering activity or a violation of section 12.1-06.1-02 or 12.1-06.1-03 after making provision for the rights of all innocent persons affected by the violation and after hearing or trial, as appropriate, by issuing appropriate orders.

3. Prior to a determination of liability, orders may include entering restraining orders, receivership orders or prohibitions or other actions, including the acceptance of satisfactory performance bonds, in connection with any property or other interest subject to damages, forfeiture, or other restraints pursuant to this section.

4. Following a determination of liability, orders may include:

a. Ordering any person to divest himself of any interests, direct or indirect, in any enterprise.

b. Imposing reasonable restrictions on the future activities or investments of any person, including prohibiting any person from engaging in the same type of endeavor as the enterprise engaged in, the activities of which affect the laws of this state, to the extent the constitutions of the United States and this state permit.

c. Ordering dissolution or reorganization of any enterprise.

d. Ordering the payment of treble damages and appropriate restitution to those persons injured by a pattern of racketeering activity or a violation of section 12.1-06.1-02 or 12.1-06.1-03.

e. Ordering the payment of all costs and expenses and reasonable attorneys' fees concerned with the prosecution and investigation of any offense included in the definition of racketeering if upon application for the order it is shown to the satisfaction of the court that the racketeering offense has occurred as a part of a pattern of racketeering activity or a violation of section 12.1-06.1-02 or 12.1-06.1-03, civil and criminal, incurred by the state or county as appropriate to be paid to the general fund of the state or county that brings the action.

f. Forfeiture, pursuant to chapter 32-14, to the state school fund of the state or county as appropriate under section 29-27-02.1, to the extent not already ordered to be paid in other damages:

(1) Any property or other interest acquired or maintained by a person in violation of section 12.1-06.1-02 or 12.1-06.1-03.

(2) Any interest in, security of, claims against, or property or contractual right of any kind affording a source of influence over any enterprise that a person has established, operated, controlled, conducted, or participated in the conduct of in violation of section 12.1-06.1-02 or 12.1-06.1-03.

(3) All proceeds traceable to an offense included in the definition of racketeering and all moneys, negotiable instruments, securities, and other things of value used or intended to be used to facilitate commission of the offense if upon application for the order it is shown to the satisfaction of the court that the racketeering offense has occurred as a part of a pattern of racketeering activity.

g. Payment to the state school fund of the state or county as appropriate under section 29-27-02.1 of an amount equal to the gain a person has acquired or maintained through an offense included in the definition of racketeering if upon application for the order it is shown to the satisfaction of the court that the racketeering offense has occurred as a part of a pattern of racketeering activity.

5. In addition to or in lieu of an action under this section the state may file an action for forfeiture to the state school fund of the state or county as appropriate under section 29-27-02.1, to the extent not already ordered paid pursuant to this section, of:

a. Any interest acquired or maintained by a person in violation of section 12.1-06.1-02 or 12.1-06.1-03.

b. Any interest in, security of, claims against, or property or contractual right of any kind affording a source of influence over any enterprise that a person has established, operated, controlled, conducted, or participated in the conduct of in violation of section 12.1-06.1-02 or 12.1-06.1-03.

c. All proceeds traceable to an offense included in the definition of racketeering and all moneys, negotiable instruments, securities, and other things of value used or intended to be used to facilitate the commission of the offense if upon application for the order it is shown to the satisfaction of the court that such racketeering offense has occurred as a part of a pattern of racketeering activity.

6. A defendant convicted in any criminal proceeding shall be precluded from subsequently denying the essential allegations of the criminal offense of which he was convicted in any civil proceeding. For purposes of this subsection, a conviction may result from a verdict or plea including a no contest plea.

7. Notwithstanding any law to the contrary, the initiation of civil proceedings related to violations of any offense included in the definition of racketeering or a violation of section 12.1-06.1-02 or 12.1-06.1-03 must be commenced within seven years of actual discovery of the violation.

8. This state may, in a civil action brought pursuant to this section, file with the clerk of the district court a certificate stating that the case is of special public importance. A copy of that certificate shall be furnished immediately by the clerk to the presiding judge of the district court in which the action is pending and, upon receipt of the copy, the judge shall immediately designate a judge to hear and determine the action. The judge designated shall promptly assign the action for hearing, participate in the hearings and determination, and cause the action to be expedited.

9. The standard of proof in actions brought pursuant to this section is the preponderance of the evidence.

10. A person other than the attorney general or state's attorney who files an action under this section shall serve notice and one copy of the pleading on the attorney general within thirty days after the action is filed with the district court. The notice shall identify the action, the person, and the person's attorney. Service of the notice does not limit or otherwise affect the right of the state to maintain an action under this section or intervene in a pending action nor does it authorize the person to name the state or the attorney general as a party to the action.

11. Except in cases filed by a state's attorney, the attorney general may, upon timely application, intervene in any civil action or proceeding brought pursuant to this section if the attorney general certifies that in his opinion the action is of special public importance. Upon intervention, the attorney general may assert any available claim and is entitled to the same relief as if the attorney general had instituted a separate action.

12. In addition to the state's right to intervene as a party in any action under this section, the attorney general may appear as amicus curiae in any proceeding in which a claim under this section has been asserted or in which a court is interpreting any provisions of this chapter.

13. A civil action under this section is remedial and does not limit any other civil or criminal action. Civil remedies provided under this section are supplemental and not mutually exclusive.

CREDIT(S)

S.L. 1983, ch. 163, § 5; S.L. 1987, ch. 165, § 4; S.L. 1997, ch. 119, § 4.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-06.1-06

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-06.1. Racketeer Influenced and Corrupt Organizations

§ 12.1-06.1-06. Racketeering lien--Content--Filing--Notice--Effect

1. The state, upon filing a civil action under section 12.1-06.1-05 or upon charging an offense included in the definition of racketeering if the offense is committed as a part of a pattern of racketeering activity or a violation of section 12.1-06.1-02 or 12.1-06.1-03, may file a racketeering lien. A filing fee or other charge is not required for filing a racketeering lien.

2. A racketeering lien shall be signed by the attorney general or the state's attorney representing the state in the action and set forth the following information:

a. The name of the defendant whose property, interests in property, or other interests are to be subject to the lien.

b. In the discretion of the attorney general or state's attorney filing the lien, any aliases or fictitious names of the defendant named in the lien.

c. If known to the attorney general or state's attorney filing the lien, the present residence or principal place of business of the person named in the lien.

d. A reference to the proceeding pursuant to which the lien is filed, including the name of the court, the title of the action, and the court's file number for the proceeding.

e. The name and address of the attorney representing the state in the proceeding pursuant to which the lien is filed.

f. A statement that the notice is being filed pursuant to this section.

g. The amount which the state claims in the action or, with respect to property or other interests which the state has requested forfeiture to the state or county, a description of the property or interests sought to be paid or forfeited.

h. If known to the attorney general or state's attorney filing the lien, a description of property which is subject to forfeiture to the state or property in which the defendant has an interest which is available to satisfy a judgment entered in favor of the state.

i. Such other information as the attorney general or state's attorney filing the lien deems appropriate.

3. The attorney general or the state's attorney filing the lien may amend a lien filed under this section at any time by filing an amended racketeering lien in accordance with this section which identifies the prior lien amended.

4. The attorney general or the state's attorney filing the lien shall, as soon as practical after filing a racketeering lien, furnish to any person named in the lien a notice of the filing of the lien. Failure to furnish notice under this subsection does not invalidate or otherwise affect a racketeering lien filed in accordance with this section.

5. A racketeering lien is perfected against interests in personal property by filing the lien with the secretary of state, except that in the case of titled motor vehicles it shall be filed with the director of the department of transportation. A racketeering lien is perfected against interests in real property by filing the lien with the county recorder of the county in which the real property is located. The state may give additional notice of the lien.

6. The filing of a racketeering lien in accordance with this section creates a lien in favor of the state in:

a. Any interest of the defendant in real property situated in the county in which the lien is filed, then maintained or later acquired in the name of the defendant identified in the lien.

b. Any interest of the defendant in personal property situated in this state, then maintained or later acquired in the name of the defendant identified in the lien.

c. Any property identified in the lien to the extent of the defendant's interest in the property.

7. The filing of a racketeering lien under this section is notice to all persons dealing with the person or property identified in the lien of the state's claim. The lien created in favor of the state in accordance with this section is superior and prior to the claims or interests of any other person, except a person possessing:

a. A valid lien perfected prior to the filing of the racketeering lien.

b. In the case of real property, an interest acquired and recorded prior to the filing of the racketeering lien.

c. In the case of personal property, an interest acquired prior to the filing of the racketeering lien.

8. Upon entry of judgment in favor of the state, the state may proceed to execute the judgment as in the case of any other judgment, except that in order to preserve the state's lien priority as provided in this section the state shall, in addition to notice as required by law, give at least thirty days' notice of execution to any person possessing at the time notice is given, an interest recorded after the date the state's lien was perfected.

9. Upon the entry of a final judgment in favor of the state providing for forfeiture of property to the state, the title of the state to the property:

a. In the case of real property, or a beneficial interest in real property, relates back to the date of filing the racketeering lien with the county recorder of the county where the real property is located, or if no racketeering lien is filed, then to the date of recording of the final judgment with the county recorder of the county where the real property is located.

b. In the case of personal property or a beneficial interest in personal property, relates back to the date the personal property was seized by the state, or the date of filing of a racketeering lien in accordance with this section, whichever is earlier, but if the property was not seized and no racketeering lien was filed then to the date the final judgment was filed with the secretary of state, or in the case of a titled motor vehicle, with the director of the department of transportation.

10. This section does not limit the right of the state to obtain any order or injunction, receivership, writ, attachment, garnishment, or other remedy authorized under section 12.1-06.1-05 or available under other applicable law.

CREDIT(S)

S.L. 1983, ch. 163, § 6; S.L. 1987, ch. 165, § 5; S.L. 1997, ch. 119, § 5; S.L. 2001, ch. 120, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-06.1-07

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-06.1. Racketeer Influenced and Corrupt Organizations

§ 12.1-06.1-07. Racketeering--Investigation of records--Confidentiality--Court enforcement--Classification

1. A custodian of the records of a financial institution shall, at no expense to the financial institution, produce for inspection or copying the records in the custody of the financial institution when requested to be inspected by the attorney general or a state's attorney authorized by the attorney general, if the person requesting the information signs and submits a sworn statement to the custodian that the request is made to investigate a pattern of racketeering activity or a violation of section 12.1-06.1-02 or 12.1-06.1-03. Records may be removed from the premises of the financial institution only for the purpose of copying the records and must be returned within forty-eight hours. The attorney general or an authorized state's attorney or any peace officer designated by an authorized state's attorney or the attorney general may not use or release the information except in the proper discharge of official duties. The furnishing of records in compliance with this section by a custodian of records is a bar to civil or criminal liability against the custodian or financial institution in any action brought alleging violation of the confidentiality of the records. The fact that records have been obtained may not be released in any way by the financial institution until ninety days after the release.

2. The attorney general or the authorized state's attorney may petition the district court for enforcement of this section upon noncompliance with the request for inspection. Enforcement must be granted if the request is reasonable and the attorney general or the authorized state's attorney has reasonable grounds to believe the records sought to be inspected are relevant to a civil or criminal investigation of a pattern of racketeering activity or a violation of section 12.1-06.1-02 or 12.1-06.1-03.

3. The investigation authority granted pursuant to the provisions of this section may not be exercised by a state's attorney in the absence of authorization by the attorney general.

4. Any person releasing information obtained pursuant to this section, except in the proper discharge of official duties, is guilty of a class B misdemeanor.

CREDIT(S)

S.L. 1983, ch. 163, § 7; S.L. 1987, ch. 165, § 6; S.L. 1997, ch. 119, § 6.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-06.1-08

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-06.1. Racketeer Influenced and Corrupt Organizations

§ 12.1-06.1-08. Computer fraud--Computer crime--Classification--Penalty

1. A person commits computer fraud by gaining or attempting to gain access to, altering, damaging, modifying, copying, disclosing, taking possession of, or destroying any computer, computer system, computer network, or any part of the computer, system, or network, without authorization, and with the intent to devise or execute any scheme or artifice to defraud, deceive, prevent the authorized use of, or control property or services by means of false or fraudulent pretenses, representations, or promises. A person who commits computer fraud is guilty of a class C felony.

2. A person commits computer crime by intentionally and either in excess of authorization given or without authorization gaining or attempting to gain access to, altering, damaging, modifying, copying, disclosing, taking possession of, introducing a computer contaminant into, destroying, or preventing the authorized use of any computer, computer system, or computer network, or any computer software, program, or data contained in the computer, computer system, or computer network. A person who commits computer crime is guilty of a class A misdemeanor.

3. In addition to any other remedy available, the owner or lessee of a computer, computer system, computer network, or any part of the computer, computer system, or computer network may bring a civil action for damages, restitution, and attorney's fees for damages incurred as a result of the violation of this section.

CREDIT(S)

S.L. 1983, ch. 163, § 8; S.L. 1987, ch. 164, § 2; S.L. 2003, ch. 104, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-06.2-01

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-06.2. Criminal Street Gangs

§ 12.1-06.2-01. Definitions

As used in this chapter, the term:

1. “Crime of pecuniary gain” means any violation of state law that directly results or was intended to result in the defendant alone, or in association with others, receiving income, benefit, property, money, or anything of value.

2. “Crime of violence” means any violation of state law where a person purposely or knowingly causes or threatens to cause death or physical bodily injury to another person or persons.

3. “Criminal street gang” means any ongoing organization or group of three or more persons, whether formal or informal, that acts in concert or agrees to act in concert with a purpose that any of those persons alone or in any combination commit or will commit two or more predicate gang crimes one of which occurs after August 1, 1995, and the last of which occurred within five years after the commission of a prior predicate gang crime.

4. “Participate in a criminal street gang” means to act in concert with a criminal street gang with intent to commit or with the intent that any other person associated with the criminal street gang will commit one or more predicate gang crimes.

5. “Predicate gang crime” means the commission, attempted commission, or solicitation of any felony, misdemeanor crime of violence, or misdemeanor crime of pecuniary gain.

CREDIT(S)

S.L. 1995, ch. 124, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-06.2-02

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-06.2. Criminal Street Gangs

§ 12.1-06.2-02. Criminal street gang crime--Penalty

Any person who commits a felony or class A misdemeanor crime of violence or crime of pecuniary gain for the benefit of, at the direction of, or in association with any criminal street gang, with the intent to promote, further, or assist in the affairs of a criminal gang, or obtain membership into a criminal gang, is guilty of a class C felony.

CREDIT(S)

S.L. 1995, ch. 124, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-06.2-03

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-06.2. Criminal Street Gangs

§ 12.1-06.2-03. Encouraging minors to participate in criminal street gang--Penalty

1. Any person eighteen years of age or older who knowingly or willfully causes, aids, abets, encourages, solicits, or recruits a person under the age of eighteen years to participate in a criminal street gang is upon conviction guilty of a class C felony.

2. Nothing in this section may be construed to limit prosecution under any other provision of law.

CREDIT(S)

S.L. 1995, ch. 124, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-06.2-04

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-06.2. Criminal Street Gangs

§ 12.1-06.2-04. Local ordinances not preempted

Nothing in this chapter may be construed as preventing a local governing body from adopting and enforcing ordinances relating to gangs and gang-related violence.

CREDIT(S)

S.L. 1995, ch. 124, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-07-01

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-07. Treason--Flag Desecration

§ 12.1-07-01. Treason

Treason as defined in section 17 of article I of the Constitution of North Dakota is a class A felony.

CREDIT(S)

S.L. 1973, ch. 116, § 7.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-07-02

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-07. Treason--Flag Desecration

§ 12.1-07-02. Desecration of the flag of the United States

1. A person is guilty of a class A misdemeanor if he knowingly casts contempt upon any flag of the United States by publicly mutilating, defacing, defiling, burning, or trampling upon it.

2. The term “flag of the United States” as used in this section shall include any flag, standard, colors, or ensign, or any picture or representation of either, or of any part or parts of either, made of any substance or represented on any substance, of any size evidently purporting to be either of said flag, standard, colors, or ensign of the United States of America, or a picture or a representation of either, upon which shall be shown the colors, the stars and the stripes, in any number of either thereof, or of any part or parts of either, by which the average person seeing the same without deliberation may believe the same to represent the flag, standard, colors, or ensign of the United States of America.

CREDIT(S)

S.L. 1973, ch. 116, § 7.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-07-03

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-07. Treason--Flag Desecration

§ 12.1-07-03. Carrying in parade or the display of certain flags, ensigns, banners, and standards prohibited

No flag of any nation, state, country, or territory other than the flag of the United States or a state flag, or the flag of a friendly foreign nation, or the dependencies of such nations, shall be:

1. Carried in parade on any public street or highway within this state.

2. Exhibited in any hall or public place.

3. Displayed or exhibited:

a. On any vehicle.

b. On any building or premises.

c. In any other manner in public within the state.

CREDIT(S)

S.L. 1975, ch. 117, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-07-04

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-07. Treason--Flag Desecration

§ 12.1-07-04. Repealed

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-07-05

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-07. Treason--Flag Desecration

§ 12.1-07-05. Penalty

Any person who violates any of the provisions of section 12.1-07-03 is guilty of a class B misdemeanor.

CREDIT(S)

S.L. 1975, ch. 117, § 3; S.L. 1981, ch. 155, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-08-01

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-08. Obstruction of Law Enforcement--Escape

§ 12.1-08-01. Physical obstruction of government function

1. A person is guilty of a class A misdemeanor if he intentionally obstructs, impairs, impedes, hinders, prevents, or perverts the administration of law or other governmental function.

2. This section does not apply to the conduct of a person obstructing arrest of himself, but such conduct is subject to section 12.1-08-02. This section does apply to the conduct of a person obstructing arrest of another. Inapplicability under this subsection is a defense.

3. It is a defense to a prosecution under this section that the administration of law or other government function was not lawful, but it is no defense that the defendant mistakenly believed that the administration of law or other government function was not lawful. For the purposes of this subsection, the conduct of a public servant acting in good faith and under color of law in the execution of a warrant or other process for arrest or search and seizure shall be deemed lawful.

CREDIT(S)

S.L. 1973, ch. 116, § 8; S.L. 1975, ch. 116, § 5.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-08-02

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-08. Obstruction of Law Enforcement--Escape

§ 12.1-08-02. Preventing arrest or discharge of other duties

1. A person is guilty of a class A misdemeanor if, with intent to prevent a public servant from effecting an arrest of himself or another for a misdemeanor or infraction, or from discharging any other official duty, he creates a substantial risk of bodily injury to the public servant or to anyone except himself, or employs means justifying or requiring substantial force to overcome resistance to effecting the arrest or the discharge of the duty. A person is guilty of a class C felony if, with intent to prevent a public servant from effecting an arrest of himself or another for a class A, B, or C felony, he creates a substantial risk of bodily injury to the public servant or to anyone except himself, or employs means justifying or requiring substantial force to overcome resistance to effecting such an arrest.

2. It is a defense to a prosecution under this section that the public servant was not acting lawfully, but it is no defense that the defendant mistakenly believed that the public servant was not acting lawfully. A public servant executing a warrant or other process in good faith and under color of law shall be deemed to be acting lawfully.

CREDIT(S)

S.L. 1973, ch. 116, § 8; S.L. 1975, ch. 116, § 6.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-08-03

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-08. Obstruction of Law Enforcement--Escape

§ 12.1-08-03. Hindering law enforcement

1. A person is guilty of hindering law enforcement if he intentionally interferes with, hinders, delays, or prevents the discovery, apprehension, prosecution, conviction, or punishment of another for an offense by:

a. Harboring or concealing the other;

b. Providing the other with a weapon, money, transportation, disguise, or other means of avoiding discovery or apprehension;

c. Concealing, altering, mutilating, or destroying a document or thing, regardless of its admissibility in evidence;

d. Warning the other of impending discovery or apprehension other than in connection with an effort to bring another into compliance with the law; or

e. Giving false information or a false report to a law enforcement officer knowing such information or report to be false.

2. Hindering law enforcement is a class C felony if the actor:

a. Knows of the conduct of the other and such conduct constitutes a class AA, class A, or class B felony; or

b. Knows that the other has been charged with or convicted of a crime and such crime is a class AA, class A, or class B felony.

Otherwise hindering law enforcement is a class A misdemeanor.

CREDIT(S)

S.L. 1973, ch. 116, § 8; S.L. 1975, ch. 116, § 7; S.L. 1983, ch. 164, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-08-04

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-08. Obstruction of Law Enforcement--Escape

§ 12.1-08-04. Aiding consummation of crime

1. A person is guilty of aiding consummation of crime if he intentionally aids another to secrete, disguise, or convert the proceeds of a crime or otherwise profit from a crime.

2. Aiding consummation of a crime:

a. Is a class C felony if the actor knows of the conduct of the other and such conduct constitutes a class A or class B felony.

b. Is a class A misdemeanor if the actor knows of the conduct of the other and such conduct constitutes a class C felony or class A misdemeanor.

Otherwise aiding consummation of a crime is a class B misdemeanor.

CREDIT(S)

S.L. 1973, ch. 116, § 8.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-08-05

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-08. Obstruction of Law Enforcement--Escape

§ 12.1-08-05. Failure to appear after release--Bail jumping

1. A person is guilty of an offense if, after having been released upon condition or undertaking that he will subsequently appear before a court or judicial officer as required, he willfully fails to appear as required.

2. The offense is a class C felony if the actor was released in connection with a charge of felony or while awaiting sentence or pending appeal after conviction of any crime. Otherwise it is a class A misdemeanor.

CREDIT(S)

S.L. 1973, ch. 116, § 8.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-08-06

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-08. Obstruction of Law Enforcement--Escape

§ 12.1-08-06. Escape

1. A person is guilty of escape if, without lawful authority, the person removes or attempts to remove himself from official detention or fails to return to official detention following temporary leave granted for a specified purpose or limited period. A person who is subject to official detention under this section is guilty of escape, if while outside the state of North Dakota and without lawful authority, the person removes or attempts to remove himself from official detention, or fails to return to official detention following temporary leave granted for a specified purpose or limited period, when at the time the person is in the legal custody of a warden of the penitentiary, department of corrections and rehabilitation, or other competent authority by virtue of a lawful commitment to official detention.

2. Escape is a class B felony if the actor uses a firearm, destructive device, or other dangerous weapon in effecting or attempting to effect the actor's removal from official detention. Escape is a class C felony if:

a. The actor uses any other force or threat of force against another in effecting or attempting to effect the actor's removal from official detention; or

b. The person escaping was in official detention by virtue of the person's arrest for, or on charge of, a felony, or pursuant to the person's conviction of any offense. Otherwise escape is a class A misdemeanor.

3. In this section:

a. “Conviction of an offense” does not include an adjudication of juvenile delinquency.

b. “Official detention” means arrest, custody following surrender in lieu of arrest, detention in any facility for custody of persons under charge or conviction of an offense or alleged or found to be delinquent, detention under a law authorizing civil commitment in lieu of criminal proceedings or authorizing such detention while criminal proceedings are held in abeyance, detention for extradition, home detention as authorized by chapter 12-67, or custody for purposes incident to the foregoing, including transportation, medical diagnosis or treatment, court appearances, work, and recreation, or being absent without permission from any release granted while under custody of a sentence such as work or education release, community confinement, or other temporary leaves from a correctional or placement facility. “Official detention” does not include supervision on probation or parole or constraint incidental to release.

4. Irregularity in bringing about or maintaining detention, or lack of jurisdiction of the committing or detaining authority, shall not be a defense to a prosecution under this section if the escape is from the penitentiary or other facility used for official detention or from detention pursuant to commitment by an official proceeding. In the case of other detentions, irregularity or lack of jurisdiction shall be an affirmative defense if:

a. The escape involved no substantial risk of harm to the person or property of anyone other than the detainee; or

b. The detaining authority did not act in good faith under color of law.

5. The jurisdiction of a violation of this section when the person is in the legal custody of a warden of the penitentiary, the department of corrections and rehabilitation, or other lawful authority is in the county where the violation occurred if the violation occurred within this state, and is in Burleigh County or in the county in which the order committing the person to official detention was entered if the violation occurred outside this state.

CREDIT(S)

S.L. 1973, ch. 116, § 8; S.L. 1995, ch. 121, § 4; S.L. 2001, ch. 131, §§ 1, 2; S.L. 2007, ch. 117, § 2, eff. Aug. 1, 2007.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-08-07

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-08. Obstruction of Law Enforcement--Escape

§ 12.1-08-07. Public servants permitting escape

A public servant concerned in official detention pursuant to process issued by a court, judge, or magistrate is guilty of a class A misdemeanor if he recklessly permits an escape and is guilty of a class B misdemeanor if he negligently permits an escape. “Official detention” has the meaning prescribed in subsection 3 of section 12.1-08-06.

CREDIT(S)

S.L. 1973, ch. 116, § 8.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-08-08

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-08. Obstruction of Law Enforcement--Escape

§ 12.1-08-08. Inciting or leading riot in detention facilities

1. A person is guilty of a class C felony if, with intent to cause, continue, or enlarge a riot, he solicits a group of five or more persons to engage in a riot in a facility used for official detention or engages in conduct intended to serve as the beginning of or signal for such riot, or participates in planning such riot, or, in the course of such riot, issues commands or instructions in furtherance thereof.

2. In this section:

a. “Official detention” has the meaning prescribed in subsection 3 of section 12.1-08-06.

b. “Riot” means a disturbance involving an assemblage of five or more persons which by tumultuous and violent conduct creates grave danger of damage or injury to property or persons or substantially obstructs the operation of the facility or other government function.

CREDIT(S)

S.L. 1973, ch. 116, § 8.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-08-09

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-08. Obstruction of Law Enforcement--Escape

§ 12.1-08-09. Introducing or possessing contraband useful for escape

1. A person is guilty of a class C felony if he unlawfully provides an inmate of an official detention facility with any tool, weapon, or other object which may be useful for escape. Such person is guilty of a class B felony if the object is a firearm, destructive device, or other dangerous weapon.

2. An inmate of an official detention facility is guilty of a class C felony if he unlawfully procures, makes, or otherwise provides himself with, or has in his possession, any tool, weapon, or other object which may be useful for escape. Such person is guilty of a class B felony if the object is a firearm, destructive device, or other dangerous weapon.

3. In this section:

a. “Official detention” has the meaning prescribed in subsection 3 of section 12.1-08-06.

b. “Unlawfully” means surreptitiously or contrary to a statute or regulation, rule, or order issued pursuant thereto.

CREDIT(S)

S.L. 1973, ch. 116, § 8.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-08-10

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-08. Obstruction of Law Enforcement--Escape

§ 12.1-08-10. Harboring a runaway minor--Penalty

A person who willfully harbors a runaway minor with knowledge that the child is being sought by a law enforcement authority is guilty of a class A misdemeanor. This section does not apply to a person who provides temporary sanctuary, not exceeding seventy-two hours, to a runaway minor who is seeking refuge from a physically, sexually, or mentally abusive person. For the purposes of this section, a “runaway minor” is an unemancipated minor who is voluntarily absent from the minor's home without the consent of a minor's parent entitled to legal custody of the minor or legal guardian with the intention of evading the direction or control of the parent or guardian. This section does not apply to persons providing temporary sanctuary to minors accompanied by a parent or legal guardian in a domestic violence shelter or safe home.

CREDIT(S)

S.L. 1991, ch. 122, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-08-11

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-08. Obstruction of Law Enforcement--Escape

§ 12.1-08-11. Refusing to halt

Any person, other than the driver of a motor vehicle under section 39-10-71, who willfully fails or refuses to stop or who otherwise flees or attempts to elude, in any manner, a pursuing peace officer, when given a visual or audible signal to stop, is guilty of a class B misdemeanor for a first or second offense and a class A misdemeanor for a subsequent offense. A signal to stop complies with this section if the signal is perceptible to the person and:

1. If given from a vehicle, the signal is given by hand, voice, emergency light, or siren, and the vehicle is appropriately marked showing it to be an official law enforcement vehicle; or

2. If not given from a vehicle, the signal is given by hand, voice, emergency light, or siren, and the officer is in uniform or prominently displays the officer's badge of office.

CREDIT(S)

S.L. 1997, ch. 120, § 1; S.L. 2009, ch. 279, § 1, eff. Jan. 1, 2010; S.L. 2011, ch. 281, § 1, eff. Aug. 1, 2011.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-09-01

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-09. Tampering and Unlawful Influence

§ 12.1-09-01. Tampering with witnesses and informants in proceedings

1. A person is guilty of a class C felony if he uses force, threat, deception, or bribery:

a. With intent to influence another's testimony in an official proceeding; or

b. With intent to induce or otherwise cause another:

(1) To withhold any testimony, information, document, or thing from an official proceeding, whether or not the other person would be legally privileged to do so;

(2) To violate section 12.1-09-03;

(3) To elude legal process summoning him to testify in an official proceeding; or

(4) To absent himself from an official proceeding to which he has been summoned.

2. A person is guilty of a class C felony if he solicits, accepts, or agrees to accept from another a thing of pecuniary value as consideration for:

a. Influencing the actor's testimony in an official proceeding; or

b. The actor's engaging in the conduct described in paragraphs 1 through 4 of subdivision b of subsection 1.

3. a. It is a defense to a prosecution under this section for use of threat with intent to influence another's testimony that the threat was not of unlawful harm and was used solely to influence the other to testify truthfully.

b. In a prosecution under this section based on bribery, it shall be an affirmative defense that any consideration for a person's refraining from instigating or pressing the prosecution of an offense was to be limited to restitution or indemnification for harm caused by the offense.

c. It is no defense to a prosecution under this section that an official proceeding was not pending or about to be instituted.

4. This section shall not be construed to prohibit the payment or receipt of witness fees provided by statute, or the payment, by the party upon whose behalf a witness is called, and receipt by a witness, of the reasonable cost of travel and subsistence incurred and the reasonable value of time spent in attendance at an official proceeding, or in the case of expert witnesses, a reasonable fee for preparing and presenting an expert opinion.

CREDIT(S)

S.L. 1973, ch. 116, § 9.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-09-02

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-09. Tampering and Unlawful Influence

§ 12.1-09-02. Tampering with informants in criminal investigations

A person is guilty of a class C felony if, believing another may have information relating to an offense, he deceives such other person or employs force, threat, or bribery with intent to hinder, delay, or prevent communication of such information to a law enforcement officer. The affirmative defense in subdivision b of subsection 3 of section 12.1-09-01 applies to this section.

CREDIT(S)

S.L. 1973, ch. 116, § 9.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-09-03

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-09. Tampering and Unlawful Influence

§ 12.1-09-03. Tampering with physical evidence

1. A person is guilty of an offense if, believing an official proceeding is pending or about to be instituted, or believing process, demand, or order has been issued or is about to be issued, he alters, destroys, mutilates, conceals, or removes a record, document, or thing with intent to impair its verity or availability in such official proceeding or for the purposes of such process, demand, or order.

2. The offense is a class C felony if the actor substantially obstructs, impairs, or perverts prosecution for a felony. Otherwise it is a class A misdemeanor.

3. In this section, “process, demand, or order” means process, demand, or order authorized by law for the seizure, production, copying, discovery, or examination of a record, document, or thing.

CREDIT(S)

S.L. 1973, ch. 116, § 9.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-09-04

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-09. Tampering and Unlawful Influence

§ 12.1-09-04. Harassment of and communication with jurors

1. A person is guilty of a class A misdemeanor if, with intent to influence the official action of another as juror, that person communicates directly or indirectly with the juror, other than as part of the proceedings in a case, or harasses or alarms the juror. A person is guilty of a class A misdemeanor if, with the intent to harass or annoy a former juror because of the verdict returned by the jury or the participation of the juror in the verdict, that person communicates directly or indirectly with the juror in a manner that intimidates the juror or conveys a threat of injury or damage to the juror's property or person. Conduct directed against the juror's spouse or other relative residing in the same household with the juror shall be deemed conduct directed against the juror.

2. In this section, “juror” means a grand juror or a petit juror and includes a person who has been drawn or summoned to attend as a prospective juror, and any referee, arbitrator, umpire, or assessor authorized by law to hear and determine any controversy.

CREDIT(S)

S.L. 1973, ch. 116, § 9; S.L. 2001, ch. 132, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-09-05

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-09. Tampering and Unlawful Influence

§ 12.1-09-05. Eavesdropping on jury deliberations

1. A person is guilty of a class A misdemeanor if he intentionally:

a. Records the proceedings of a jury while such jury is deliberating or voting; or

b. Listens to or observes the proceedings of any jury of which he is not a member while such jury is deliberating or voting.

2. This section shall not apply to the taking of notes by a juror in connection with and solely for the purpose of assisting him in the performance of his official duties. Nor does this section apply to a person studying the jury process in the manner provided by statute, and under the control and supervision of the court. Inapplicability under this subsection is a defense.

3. In this section, “jury” means grand jury or petit jury, and “juror” means grand juror or petit juror.

CREDIT(S)

S.L. 1973, ch. 116, § 9.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-09-06

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-09. Tampering and Unlawful Influence

§ 12.1-09-06. Nondisclosure of retainer in criminal matter

1. A person employed for compensation to influence the official action of a public servant with respect to:

a. The initiation, conduct, or dismissal of a prosecution;

b. The imposition or modification of a sentence; or

c. The granting of parole or probation is guilty of a class A misdemeanor if he privately addresses to such public servant any representation, entreaty, argument, or other communication intended to influence official action without disclosing the fact of such employment, knowing that the public servant is unaware of it.

2. This section does not apply to an attorney at law or to a person authorized by statute or regulation to act in a representative capacity with respect to the official action when he is acting in such capacity and makes known to the public servant or has indicated in any manner authorized by law that he is acting in such capacity. Inapplicability under this subsection is a defense.

CREDIT(S)

S.L. 1973, ch. 116, § 9.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-10-01

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-10. Contempt--Obstruction of Judicial Proceedings

§ 12.1-10-01. Repealed

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-10-02

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-10. Contempt--Obstruction of Judicial Proceedings

§ 12.1-10-02. Failure to appear as witness, to produce information, or to be sworn

1. A person who has been lawfully ordered to appear at a specified time and place to testify or to produce information in an official proceeding is guilty of a class A misdemeanor if, without lawful privilege, he fails to appear or to produce the information at that time and place.

2. A person attending an official proceeding is guilty of a class A misdemeanor if, without lawful privilege, he fails to comply with a lawful order:

a. To occupy or remain at the designated place from which he is to testify as a witness in such proceeding; or

b. To be sworn or to make equivalent affirmation as a witness in such proceeding.

3. It is a defense to a prosecution under this section that the defendant:

a. Was prevented from appearing at the specified time and place or unable to produce the information because of circumstances to the creation of which he did not contribute in reckless disregard of the requirement to appear or to produce; or

b. Complied with the order before his failure to do so substantially affected the proceeding.

4. In this section, and in section 12.1-10-03:

a. “Authorized agency” means an agency authorized by statute to issue subpoenas or similar process supported by the sanctions of this section.

b. “Information” means a book, paper, document, record, or other tangible object.

c. “Official proceeding” means:

(1) An official proceeding before a judge or court of this state, a magistrate, or a grand jury.

(2) An official proceeding before the legislative assembly or one of its session or interim committees.

(3) An official proceeding in which, pursuant to lawful authority, a court orders attendance or the production of information.

(4) An official proceeding before an authorized agency.

(5) An official proceeding which otherwise is made expressly subject to this section.

CREDIT(S)

S.L. 1973, ch. 116, § 10.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-10-03

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-10. Contempt--Obstruction of Judicial Proceedings

§ 12.1-10-03. Refusal to testify

1. A person is guilty of a class A misdemeanor if, without lawful privilege, he refuses:

a. To answer a question pertinent to the subject under inquiry in an official proceeding before the legislative assembly, or one of its session or interim committees, and continues in such a refusal after the presiding officer directs him to answer, and advises him that his continuing refusal may make him subject to criminal prosecution; or

b. To answer a question in any other official proceeding and continues in such refusal after a court or judge directs or orders him to answer and advises him that his continuing refusal may make him subject to criminal prosecution.

2. It is a defense to a prosecution under this section that the defendant complied with the direction or order before his refusal to do so substantially affected the proceeding.

CREDIT(S)

S.L. 1973, ch. 116, § 10.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-10-04

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-10. Contempt--Obstruction of Judicial Proceedings

§ 12.1-10-04. Hindering proceedings by disorderly conduct

1. A person is guilty of a class A misdemeanor if the person intentionally hinders an official proceeding by noise or violent or tumultuous behavior or disturbance.

2. A person is guilty of a class B misdemeanor if the person recklessly hinders an official proceeding by noise or violent or tumultuous behavior or disturbance.

CREDIT(S)

S.L. 1973, ch. 116, § 10.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-10-05

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-10. Contempt--Obstruction of Judicial Proceedings

§ 12.1-10-05. Disobedience of judicial order

1. A person is guilty of a class A misdemeanor if the person disobeys or resists a lawful temporary restraining order or preliminary or final injunction or other final order, other than for the payment of money, of a court of this state.

2. Notwithstanding the limitations of section 12.1-32-01, the defendant may be sentenced to pay a fine in any amount deemed just by the court.

CREDIT(S)

S.L. 1973, ch. 116, § 10.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-10-06

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-10. Contempt--Obstruction of Judicial Proceedings

§ 12.1-10-06. Soliciting obstruction of proceedings

A person is guilty of a class A misdemeanor if the person solicits another to commit an offense defined in sections 12.1-10-02 through 12.1-10-05.

CREDIT(S)

S.L. 1973, ch. 116, § 10.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-11-01

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-11. Perjury--Falsification--Breach of Duty

§ 12.1-11-01. Perjury

1. A person is guilty of perjury, a class C felony, if, in an official proceeding, the person makes a false statement under oath or equivalent affirmation, or swears or affirms the truth of a false statement previously made, when the statement is material and the person does not believe the statement to be true.

2. Commission of perjury need not be proved by any particular number of witnesses or by documentary or other types of evidence.

3. If in the course of one or more official proceedings, the defendant made a statement under oath or equivalent affirmation inconsistent with another statement made by the defendant under oath or equivalent affirmation to the degree that one of them is necessarily false, both having been made within the period of the statute of limitations, the prosecution may set forth the statements in a single count alleging in the alternative that one or the other was false and not believed by the defendant to be true. Proof that the defendant made such statements constitutes a prima facie case that one or the other of the statements was false, but in the absence of sufficient proof of which statement was false, the defendant may be convicted under this section only if each of such statements was material to the official proceeding in which it was made.

4. For purposes of this section, “false statement under oath or equivalent affirmation” includes a writing made in accordance with chapter 31-14.

CREDIT(S)

S.L. 1973, ch. 116, § 11; S.L. 2011, ch. 243, § 1, eff. Aug. 1, 2011.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-11-02

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-11. Perjury--Falsification--Breach of Duty

§ 12.1-11-02. False statements

1. A person is guilty of a class A misdemeanor if, in an official proceeding, he makes a false statement, whether or not material, under oath or equivalent affirmation, or swears or affirms the truth of such a statement previously made, if he does not believe the statement to be true.

2. A person is guilty of a class A misdemeanor if, in a governmental matter, he:

a. Makes a false written statement, when the statement is material and he does not believe it to be true;

b. Intentionally creates a false impression in a written application for a pecuniary or other benefit, by omitting information necessary to prevent a material statement therein from being misleading;

c. Submits or invites reliance on any material writing which he knows to be forged, altered, or otherwise lacking in authenticity;

d. Submits or invites reliance on any sample, specimen, map, boundarymark, or other object which he knows to be false in a material respect; or

e. Uses a trick, scheme, or device which he knows to be misleading in a material respect.

3. This section does not apply to information given during the course of an investigation into possible commission of an offense unless the information is given in an official proceeding or the declarant is otherwise under a legal duty to give the information. Inapplicability under this subsection is a defense.

4. A matter is a “governmental matter” if it is within the jurisdiction of a government office or agency, or of an office, agency, or other establishment in the legislative or the judicial branch of government.

CREDIT(S)

S.L. 1973, ch. 116, § 11; S.L. 1975, ch. 116, § 8.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-11-03

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-11. Perjury--Falsification--Breach of Duty

§ 12.1-11-03. False information or report to law enforcement officers or security officials

A person is guilty of a class A misdemeanor if that person:

1. Gives false information or a false report to a law enforcement officer which that person knows to be false, and the information or report may interfere with an investigation or may materially mislead a law enforcement officer; or

2. Falsely reports to a law enforcement officer or other security official the occurrence of a crime of violence or other incident calling for an emergency response when that person knows that the incident did not occur. “Security official” means a public servant responsible for averting or dealing with emergencies involving public safety.

CREDIT(S)

S.L. 1973, ch. 116, § 11; S.L. 1999, ch. 121, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-11-04

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-11. Perjury--Falsification--Breach of Duty

§ 12.1-11-04. General provisions

1. Falsification is material under sections 12.1-11-01, 12.1-11-02, and 12.1-11-03 regardless of the admissibility of the statement under rules of evidence, if it could have affected the course or outcome of the official proceeding or the disposition of the matter in which the statement is made. Whether a falsification is material in a given factual situation is a question of law. It is no defense that the declarant mistakenly believed the falsification to be immaterial.

2. It is no defense to a prosecution under sections 12.1-11-01 or 12.1-11-02 that the oath or affirmation was administered or taken in an irregular manner or that the declarant was not competent to make the statement. A document purporting to be made upon oath or affirmation at a time when the actor represents it as being so verified shall be deemed to have been duly sworn or affirmed.

3. It is a defense to a prosecution under sections 12.1-11-01, 12.1-11-02, or 12.1-11-03 that the actor retracted the falsification in the course of the official proceeding or matter in which it was made, if in fact he did so before it became manifest that the falsification was or would be exposed and before the falsification substantially affected the proceeding or the matter.

4. In sections 12.1-11-01 and 12.1-11-02, “statement” means any representation but includes a representation of opinion, belief, or other state of mind only if the representation clearly relates to state of mind apart from or in addition to any facts which are the subject of the representation.

CREDIT(S)

S.L. 1973, ch. 116, § 11.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-11-05

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-11. Perjury--Falsification--Breach of Duty

§ 12.1-11-05. Tampering with public records

1. A person is guilty of an offense if he:

a. Knowingly makes a false entry in or false alteration of a government record; or

b. Knowingly, without lawful authority, destroys, conceals, removes, or otherwise impairs the verity or availability of a government record.

2. The offense is:

a. A class C felony if committed by a public servant who has custody of the government record.

b. A class A misdemeanor if committed by any other person.

3. In this section “government record” means:

a. Any record, document, or thing belonging to, or received or kept by the government for information or record.

b. Any other record, document, or thing required to be kept by law, pursuant, in fact, to a statute which expressly invokes the sanctions of this section.

CREDIT(S)

S.L. 1973, ch. 116, § 11; S.L. 1975, ch. 116, § 9.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-11-06

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-11. Perjury--Falsification--Breach of Duty

§ 12.1-11-06. Public servant refusing to perform duty

Any public servant who knowingly refuses to perform any duty imposed upon him by law is guilty of a class A misdemeanor.

CREDIT(S)

S.L. 1973, ch. 116, § 11; S.L. 1975, ch. 116, § 10.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-11-07

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-11. Perjury--Falsification--Breach of Duty

§ 12.1-11-07. Fraudulent practice in urine testing

A person is guilty of a class A misdemeanor if that person willfully defrauds a urine test and the test is designed to detect the presence of a chemical substance or a controlled substance. A person is guilty of a class A misdemeanor if that person knowingly possesses, distributes, or assists in the use of a device, chemical, or real or artificial urine advertised or intended to be used to alter the outcome of a urine test.

CREDIT(S)

S.L. 2005, ch. 113, § 1; S.L. 2009, ch. 128, § 1, eff. Aug. 1, 2009.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-12-01

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-12. Bribery--Unlawful Influence of Public Servants

§ 12.1-12-01. Bribery

1. A person is guilty of bribery, a class C felony, if he knowingly offers, gives, or agrees to give to another, or solicits, accepts, or agrees to accept from another, a thing of value as consideration for:

a. The recipient's official action as a public servant; or

b. The recipient's violation of a known legal duty as a public servant.

2. It is no defense to a prosecution under this section that a recipient was not qualified to act in the desired way whether because he had not yet assumed office, or lacked jurisdiction, or for any other reason.

3. A prima facie case is established under this section upon proof that the actor knew that a thing of pecuniary value was offered, given, or agreed to be given by, or solicited, accepted, or agreed to be accepted from, a person having an interest in an imminent or pending: a. examination, investigation, arrest, or judicial or administrative proceeding; or b. bid, contract, claim, or application, and that interest could be affected by the recipient's performance or nonperformance of his official action or violation of his known legal duty as a public servant.

CREDIT(S)

S.L. 1973, ch. 116, § 12.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-12-02

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-12. Bribery--Unlawful Influence of Public Servants

§ 12.1-12-02. Illegal influence between legislators or between legislators and governor

Any person who violates the provisions of section 9 of article IV or section 10 of article V of the Constitution of North Dakota is guilty of a class C felony.

CREDIT(S)

S.L. 1973, ch. 116, § 12; S.L. 1989, ch. 69, § 6; S.L. 2003, ch. 48, § 7.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-12-03

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-12. Bribery--Unlawful Influence of Public Servants

§ 12.1-12-03. Unlawful compensation for assistance in government matters

1. A public servant is guilty of a class A misdemeanor if he solicits, accepts, or agrees to accept a thing of pecuniary value from nongovernmental sources:

a. As compensation for advice or other assistance in preparing or promoting a bill, contract, claim, or other matter which is or is likely to be subject to his official action;

b. As compensation for omitting or delaying official action; or

c. As a fee or compensation for services not rendered or to which he was not legally entitled.

2. A person is guilty of a class A misdemeanor if he knowingly offers, gives, or agrees to give a thing of pecuniary value to a public servant, receipt of which is prohibited by this section.

CREDIT(S)

S.L. 1973, ch. 116, § 12.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-12-04

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-12. Bribery--Unlawful Influence of Public Servants

§ 12.1-12-04. Trading in public office and political endorsement

1. A person is guilty of a class A misdemeanor if he solicits, accepts, or agrees to accept, or offers, gives, or agrees to give, a thing of pecuniary value as consideration for approval or disapproval by a public servant or party official of a person for:

a. Appointment, employment, advancement, or retention as a public servant; or

b. Designation or nomination as a candidate for elective office.

2. In this section:

a. “Approval” includes recommendation, failure to disapprove, or any other manifestation of favor or acquiescence.

b. “Disapproval” includes failure to approve or any other manifestation of disfavor or nonacquiescence.

c. “Party official” means a person who holds a position or office in a political party, whether by election, appointment, or otherwise.

3. Any appointment of a public servant made in violation of this section is void, but any official action taken by the appointee prior to conviction under this section is valid.

CREDIT(S)

S.L. 1973, ch. 116, § 12.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-12-05

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-12. Bribery--Unlawful Influence of Public Servants

§ 12.1-12-05. Trading in special influence

A person is guilty of a class A misdemeanor if he knowingly offers, gives, or agrees to give, or solicits, accepts, or agrees to accept, a thing of pecuniary value for exerting, or procuring another to exert, special influence upon a public servant with respect to his legal duty or official action as a public servant. “Special influence” means power to influence through kinship or by reason of position as a public servant or party official, as defined in section 12.1-12-04.

CREDIT(S)

S.L. 1973, ch. 116, § 12.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-12-06

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-12. Bribery--Unlawful Influence of Public Servants

§ 12.1-12-06. Threatening public servants

1. A person is guilty of a class C felony if he threatens harm to another with intent to influence his official action as a public servant in a pending or prospective judicial or administrative proceeding held before him, or with intent to influence him to violate his duty as a public servant.

2. A person is guilty of a class C felony if, with intent to influence another's official action as a public servant, he threatens:

a. To commit any crime or to do anything unlawful;

b. To accuse anyone of a crime; or

c. To expose a secret or publicize an asserted fact, whether true or false, tending to subject any person, living or deceased, to hatred, contempt, or ridicule, or to impair another's credit or business repute.

3. It is no defense to a prosecution under this section that a person whom the actor sought to influence was not qualified to act in the desired way whether because he had not yet assumed office, or lacked jurisdiction, or for any other reason.

CREDIT(S)

S.L. 1973, ch. 116, § 12.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-12-07

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-12. Bribery--Unlawful Influence of Public Servants

§ 12.1-12-07. Sports bribery

1. A person is guilty of a class C felony if, with intent to prevent a publicly exhibited sporting contest from being conducted in accordance with the rules and usages purporting to govern it, he:

a. Confers, offers, or agrees to confer any benefit upon, or threatens any harm to, a participant, official, or other person associated with the contest; or

b. Tampers with any person, animal, or thing.

2. A person is guilty of a class C felony if he knowingly solicits, accepts, or agrees to accept any benefit, the giving of which is prohibited under subsection 1.

3. A “publicly exhibited sporting contest” is any contest in any sport, between individual contestants or teams of contestants, the occurrence of which is publicly announced in advance of the event.

4. The status of the contestant as amateur or professional is not material to the commission of the offense described in this section.

CREDIT(S)

S.L. 1973, ch. 116, § 12.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-12-08

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-12. Bribery--Unlawful Influence of Public Servants

§ 12.1-12-08. Commercial bribery

1. A person is guilty of a class C felony if he:

a. Confers, agrees, or offers to confer any benefit upon an employee or agent without the consent of the latter's employer or principal, with intent to influence his conduct in relation to his employer's or principal's affairs; or

b. Confers, agrees, or offers to confer any benefit upon any fiduciary without the consent of the beneficiary, with intent to influence the fiduciary to act or conduct himself contrary to his fiduciary obligation.

2. A person is guilty of a class C felony if he knowingly solicits, accepts, or agrees to accept any benefit, the giving of which is prohibited under subsection 1.

CREDIT(S)

S.L. 1973, ch. 116, § 12.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-12-09

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-12. Bribery--Unlawful Influence of Public Servants

§ 12.1-12-09. Definitions for chapter

In this chapter, “thing of value” and “thing of pecuniary value” do not include (1) salary, fees, and other compensation paid by the government in consideration for which the official action or legal duty is performed; or (2) concurrence in official action in the course of legitimate compromise among public servants, except as provided in section 9 of article IV or section 10 of article V of the Constitution of North Dakota.

CREDIT(S)

S.L. 1973, ch. 116, § 12; S.L. 1989, ch. 69, § 7; S.L. 2009, ch. 65, § 2, eff. Aug. 1, 2009.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-13-01

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-13. Confidential Information--Conflict of Interest--Impersonation

§ 12.1-13-01. Disclosure of confidential information provided to government

A person is guilty of a class C felony if, in knowing violation of a statutory duty imposed on him as a public servant, he discloses any confidential information which he has acquired as a public servant. “Confidential information” means information made available to the government under a governmental assurance of confidence as provided by statute.

CREDIT(S)

S.L. 1973, ch. 116, § 13; S.L. 1975, ch. 116, § 11.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-13-02

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-13. Confidential Information--Conflict of Interest--Impersonation

§ 12.1-13-02. Speculating or wagering on official action or information

1. A person is guilty of a class A misdemeanor if during employment as a public servant, or within one year thereafter, in contemplation of official action by himself as a public servant or by a government agency with which he is or has been associated as a public servant, or in reliance on information to which he has or had access only in his capacity as a public servant, he:

a. Acquires a pecuniary interest in any property, transaction, or enterprise which may be affected by such information or official action;

b. Speculates or wagers on the basis of such information or official action; or

c. Aids another to do any of the foregoing.

2. A person is guilty of a class A misdemeanor if as a public servant he takes official action which is likely to benefit him as a result of an acquisition of a pecuniary interest in any property, transaction, or enterprise, or of a speculation or wager, which he made, or caused or aided another to make, in contemplation of such official action.

CREDIT(S)

S.L. 1973, ch. 116, § 13.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-13-03

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-13. Confidential Information--Conflict of Interest--Impersonation

§ 12.1-13-03. Public servant's interest in public contracts

1. Every public servant authorized to sell or lease any property, or to make any contract in his official capacity, alone or in conjunction with other public servants, who voluntarily becomes interested individually in the sale, lease, or contract, directly or indirectly, is guilty of a class A misdemeanor.

2. Subsection 1 shall not apply to:

a. Contracts of purchase or employment between a political subdivision and an officer of that subdivision, if the contracts are first unanimously approved by the other members at a meeting of the governing body of the political subdivision, and a unanimous finding is entered in the official minutes of that body that the contract is necessary because the services or property contracted for are not otherwise obtainable at equal cost.

b. Sales, leases, or contracts entered into between school boards and school board members or school officers.

CREDIT(S)

S.L. 1973, ch. 116, § 13.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-13-04

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-13. Confidential Information--Conflict of Interest--Impersonation

§ 12.1-13-04. Impersonating officials

1. A person is guilty of an offense if he falsely pretends to be:

a. A public servant, other than a law enforcement officer, and acts as if to exercise the authority of such public servant.

b. A public servant or a former public servant and thereby obtains a thing of value.

c. A law enforcement officer.

2. It is no defense to prosecution under this section that the pretended capacity did not exist or the pretended authority could not legally or otherwise have been exercised or conferred.

3. An offense under subdivision b or c of subsection 1 is a class A misdemeanor. An offense under subdivision a of subsection 1 is a class B misdemeanor.

CREDIT(S)

S.L. 1973, ch. 116, § 13; S.L. 1975, ch. 116, § 12.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-14-01

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-14. Official Oppression--Elections--Civil Rights

§ 12.1-14-01. Official oppression

A person acting or purporting to act in an official capacity or taking advantage of such actual or purported capacity is guilty of a class A misdemeanor if, knowing that his conduct is illegal, he:

1. Subjects another to arrest, detention, search, seizure, mistreatment, dispossession, assessment, lien, or other infringement of personal or property rights; or

2. Denies or impedes another in the exercise or enjoyment of any right, privilege, power, or immunity.

CREDIT(S)

S.L. 1973, ch. 116, § 14.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-14-02

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-14. Official Oppression--Elections--Civil Rights

§ 12.1-14-02. Interference with elections

A person is guilty of a class A misdemeanor if, whether or not acting under color of law, he, by force or threat of force or by economic coercion, intentionally:

1. Injures, intimidates, or interferes with another because he is or has been voting for any candidate or issue or qualifying to vote, qualifying or campaigning as a candidate for elective office, or qualifying or acting as a poll watcher or other election official, in any primary, special, or general election.

2. Injures, intimidates, or interferes with another in order to prevent him or any other person from voting for any candidate or issue or qualifying to vote, qualifying or campaigning as a candidate for elective office, or qualifying or acting as a poll watcher or other election official, in any primary, special, or general election.

CREDIT(S)

S.L. 1973, ch. 116, § 14.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-14-03

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-14. Official Oppression--Elections--Civil Rights

§ 12.1-14-03. Safeguarding elections

A person is guilty of a class A misdemeanor if, in connection with any election, he:

1. Makes or induces any false voting registration;

2. Offers, gives, or agrees to give a thing of pecuniary value to another as consideration for the recipient's voting or withholding his vote or voting for or against any candidate or issue or for such conduct by another;

3. Solicits, accepts, or agrees to accept a thing of pecuniary value as consideration for conduct prohibited under subsection 1 or 2; or

4. Otherwise obstructs or interferes with the lawful conduct of such election or registration therefor.

As used in this section, “thing of pecuniary value” shall include alcoholic beverages, by the drink or in any other container.

CREDIT(S)

S.L. 1973, ch. 116, § 14; S.L. 1975, ch. 116, § 13.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-14-04

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-14. Official Oppression--Elections--Civil Rights

§ 12.1-14-04. Discrimination in public places

A person is guilty of a class B misdemeanor if, whether or not acting under color of law, he, by force, or threat of force or by economic coercion, intentionally:

1. Injures, intimidates, or interferes with another because of his sex, race, color, religion, or national origin and because he is or has been exercising or attempting to exercise his right to full and equal enjoyment of any facility open to the public.

2. Injures, intimidates, or interferes with another because of his sex, race, color, religion, or national origin in order to intimidate him or any other person from exercising or attempting to exercise his right to full and equal enjoyment of any facility open to the public.

CREDIT(S)

S.L. 1973, ch. 116, § 14.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-14-05

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-14. Official Oppression--Elections--Civil Rights

§ 12.1-14-05. Preventing exercise of civil rights--Hindering or preventing another aiding third person to exercise civil rights

A person is guilty of a class B misdemeanor if, whether or not acting under color of law, he, by force or threat of force or by economic coercion, intentionally:

1. Injures, intimidates, or interferes with another because he is or is about to exercise his civil rights, or because he has exercised his civil rights.

2. Intimidates or prevents another from aiding a third person to exercise his civil rights.

CREDIT(S)

S.L. 1973, ch. 116, § 14.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-15-01

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-15. Defamation--Interception of Communications

§ 12.1-15-01. Criminal defamation

1. A person is guilty of a class A misdemeanor if he willfully publishes defamatory matter or knowingly procures such publication or in any way knowingly aids or assists in the same being done.

2. It is a defense to a prosecution under this section that:

a. The matter alleged to be defamatory is true; or

b. The matter alleged to be defamatory was contained in a privileged communication.

3. In this section:

a. “Defamatory matter” means any written or oral communication concerning a natural person made public with actual malice or with reckless disregard of the truth by any utterance, printing, writing, sign, picture, representation, or effigy tending to expose such person to public hatred, contempt, or ridicule or to deprive him of the benefits of public confidence and social intercourse or any written or oral communication concerning a natural person made public as aforesaid designed to blacken and vilify the memory of one who is dead and tending to scandalize or provoke his surviving relatives and friends.

b. “Privileged communication” means a communication made to a person entitled to or interested in the communication by one who is also entitled to or interested or who stood in such relation to the former as to afford a reasonable ground for supposing his motive innocent.

c. “Publication” means a knowing display of defamatory matter, or the parting with its immediate custody under circumstances which exposed the defamatory matter to be read or seen or understood by a person other than the publisher of the defamatory matter, although it is not necessary that the matter complained of should have been seen or read by another.

CREDIT(S)

S.L. 1973, ch. 116, § 15.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-15-02

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-15. Defamation--Interception of Communications

§ 12.1-15-02. Interception of wire or oral communications--Eavesdropping

1. A person is guilty of a class C felony if he:

a. Intentionally intercepts any wire or oral communication by use of any electronic, mechanical, or other device; or

b. Intentionally discloses to any other person or intentionally uses the contents of any wire or oral communication, knowing that the information was obtained through the interception of a wire or oral communication.

2. A person is guilty of a class A misdemeanor if he secretly loiters about any building with intent to overhear discourse or conversation therein and to repeat or publish the same with intent to vex, annoy, or injure others.

3. It is a defense to a prosecution under subsection 1 that:

a. The actor was authorized by law to intercept, disclose, or use, as the case may be, the wire or oral communication.

b. The actor was (1) a person acting under color of law to intercept a wire or oral communication, and (2) he was a party to the communication or one of the parties to the communication had given prior consent to such interception.

c. (1) The actor was a party to the communication or one of the parties to the communication had given prior consent to such interception, and (2) such communication was not intercepted for the purpose of committing a crime or other unlawful harm.

CREDIT(S)

S.L. 1973, ch. 116, § 15.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-15-03

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-15. Defamation--Interception of Communications

§ 12.1-15-03. Traffic in intercepting devices

1. A person is guilty of a class C felony if, within this state, he manufactures, assembles, possesses, transports, or sells an electronic, mechanical, or other device, knowing that the design of such device renders it primarily useful to the purpose of the surreptitious interception of wire or oral communications.

2. A person is guilty of a class A misdemeanor if he places, in a newspaper, magazine, handbill, or other publication published in this state, an advertisement of an electronic, mechanical, or other device, knowing that the design of such device renders it primarily useful for surreptitious interception of wire or oral communications, or knowing that such advertisement promotes the use of such device for surreptitious interception of wire or oral communications.

3. It is a defense to a prosecution under this section that the actor was:

a. An officer, agent, or employee of, or a person under contract with, a communications common carrier, acting within the normal course of the business of the communications common carrier; or

b. A public servant acting in the course of his official duties or a person acting within the scope of a government contract made by a person acting in the course of his official duties.

CREDIT(S)

S.L. 1973, ch. 116, § 15.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-15-04

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-15. Defamation--Interception of Communications

§ 12.1-15-04. Definitions

In sections 12.1-15-02 through 12.1-15-04:

1. “Communications common carrier” shall have the meaning prescribed for the term “common carrier” by section 8-07-01.

2. “Contents”, when used with respect to any wire or oral communication, includes any information concerning the identity of the parties to such communication or the existence, substance, purport, or meaning of that communication.

3. “Electronic, mechanical, or other device” means any device or apparatus which can be used to intercept a wire or oral communication other than:

a. Any telephone or telegraph instrument, equipment, or facility, or any component thereof, (1) furnished to the subscriber or user by a communications common carrier in the ordinary course of its business and being used by the subscriber or user in the ordinary course of its business; or (2) being used by a communications common carrier in the ordinary course of its business, or by an investigative or law enforcement officer in the ordinary course of his duties.

b. A hearing aid or similar device being used to correct subnormal hearing to not better than normal.

4. “Intercept” means the aural acquisition of the contents of any wire or oral communication through the use of an electronic, mechanical, or other device, or by secretly overhearing the communication.

5. “Oral communication” means any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation.

6. “Wire communication” means any communication made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection between the point of origin and the point of reception furnished or operated by any person engaged as a common carrier in providing or operating such facilities for the transmission of communications.

CREDIT(S)

S.L. 1973, ch. 116, § 15.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-15-05

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-15. Defamation--Interception of Communications

§ 12.1-15-05. Interception of correspondence

1. A person is guilty of a class A misdemeanor if, 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, he:

a. Damages or destroys the correspondence with intent to prevent its delivery;

b. Opens or reads sealed correspondence with intent to discover its contents; or

c. Knowing that sealed correspondence has been opened or read in violation of subdivision b, intentionally divulges its contents, in whole or in part, or a summary of any portion thereof.

CREDIT(S)

S.L. 1973, ch. 116, § 15.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-15-06

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-15. Defamation--Interception of Communications

§ 12.1-15-06. Implanting microchips prohibited

A person may not require that an individual have inserted into that individual's body a microchip containing a radio frequency identification device. A violation of this section is a class A misdemeanor.

CREDIT(S)

S.L. 2007, ch. 122, § 1, eff. Aug. 1, 2007.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-16-01

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-16. Homicide

§ 12.1-16-01. Murder

1. A person is guilty of murder, a class AA felony, if the person:

a. Intentionally or knowingly causes the death of another human being;

b. Causes the death of another human being under circumstances manifesting extreme indifference to the value of human life; or

c. Acting either alone or with one or more other persons, commits or attempts to commit treason, robbery, burglary, kidnapping, felonious restraint, arson, gross sexual imposition, a felony offense against a child under section 12.1-20-03, 12.1-27.2-02, 12.1-27.2-03, 12.1-27.2-04, or 14-09-22, or escape and, in the course of and in furtherance of such crime or of immediate flight therefrom, the person or any other participant in the crime causes the death of any person. In any prosecution under this subsection in which the defendant was not the only participant in the underlying crime, it is an affirmative defense that the defendant:

(1) Did not commit the homicidal act or in any way solicit, command, induce, procure, counsel, or aid the commission thereof;

(2) Was not armed with a firearm, destructive device, dangerous weapon, or other weapon which under the circumstances indicated a readiness to inflict serious bodily injury;

(3) Reasonably believed that no other participant was armed with such a weapon; and

(4) Reasonably believed that no other participant intended to engage in conduct likely to result in death or serious bodily injury.

Subdivisions a and b are inapplicable in the circumstances covered by subsection 2.

2. A person is guilty of murder, a class A felony, if the person causes the death of another human being under circumstances which would be class AA felony murder, except that the person causes the death under the influence of extreme emotional disturbance for which there is reasonable excuse. The reasonableness of the excuse must be determined from the viewpoint of a person in that person's situation under the circumstances as that person believes them to be. An extreme emotional disturbance is excusable, within the meaning of this subsection only, if it is occasioned by substantial provocation, or a serious event, or situation for which the offender was not culpably responsible.

CREDIT(S)

S.L. 1973, ch. 116, § 16; S.L. 1973, ch. 117, § 2; S.L. 1975, ch. 116, § 14; S.L. 1979, ch. 177, § 1; S.L. 1985, ch. 174, § 1; S.L. 1993, ch. 118, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-16-02

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-16. Homicide

§ 12.1-16-02. Manslaughter

A person is guilty of manslaughter, a class B felony, if he recklessly causes the death of another human being.

CREDIT(S)

S.L. 1973, ch. 116, § 16; S.L. 1983, ch. 165, § 1; S.L. 1985, ch. 174, § 2.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-16-03

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-16. Homicide

§ 12.1-16-03. Negligent homicide

A person is guilty of a class C felony if he negligently causes the death of another human being.

CREDIT(S)

S.L. 1973, ch. 116, § 16.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-16-04

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-16. Homicide

§ 12.1-16-04. Assisting the commission of suicide--Causing death by suicide--Penalties

1. Any person who intentionally or knowingly aids, abets, facilitates, solicits, or incites another person to commit suicide, or who provides to, delivers to, procures for, or prescribes for another person any drug or instrument with knowledge that the other person intends to attempt to commit suicide with the drug or instrument is guilty of a class C felony.

2. Any person who, through deception, coercion, or duress, willfully causes the death of another person by suicide is guilty of a class AA felony.

CREDIT(S)

S.L. 1991, ch. 123, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-16-05

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-16. Homicide

§ 12.1-16-05. Injunctive relief

1. A claim for relief for an injunction may be maintained against any person who has attempted or will attempt to violate subsection 1 of section 12.1-16-04 by any person who is entitled to inherit from the person who would commit suicide or who is the spouse, parent, child, sibling, or health care provider of such person.

2. Any public official with jurisdiction to prosecute or enforce the laws of this state may maintain a claim for relief for an injunction against any present or future violation or attempted violation of subsection 1 of section 12.1-16-04.

CREDIT(S)

S.L. 1991, ch. 123, § 2.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-16-06

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-16. Homicide

§ 12.1-16-06. Construction

Sections 12.1-16-04 through 12.1-16-06 do not preclude the use of medications or procedures necessary to relieve a person's pain or discomfort if the use of the medications or procedures is not intentionally or knowingly prescribed or administered to cause the death of that person. In addition, sections 12.1-16-04 through 12.1-16-06 do not preclude the withholding or withdrawal of life-prolonging treatment pursuant to state or federal law.

CREDIT(S)

S.L. 1991, ch. 123, § 3.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-16-07

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-16. Homicide

§ 12.1-16-07. Civil damages

Any person given standing under subsection 1 of section 12.1-16-05, except the health care provider, may maintain a claim for relief for compensatory and punitive damages against any person who violates or attempts to violate section 12.1-16-04. Prior knowledge of or consent to the violation by the plaintiff does not preclude a claim for relief under this section. This section does not preclude any claim under any other provision of law.

CREDIT(S)

S.L. 1999, ch. 122, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-16-08

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-16. Homicide

§ 12.1-16-08. Suspension or revocation of license of health care provider

If the person who assists in a suicide in violation of section 12.1-16-04 is a person who is licensed, certified, or otherwise authorized by title 43 to administer health care in the ordinary course of business or professional practice, the licensing agency that issued the license or certification to that person may suspend or revoke the license or certification of that person upon receipt of:

1. A copy of the record of criminal conviction or plea of guilty to a felony in violation of section 12.1-16-04;

2. A copy of the record of a judgment of contempt of court for violating an injunction issued under section 12.1-16-05; or

3. A copy of the record of a judgment assessing damages under section 12.1-16-07.

CREDIT(S)

S.L. 1999, ch. 122, § 2.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-17-01

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-17. Assaults--Threats--Coercion--Harassment

§ 12.1-17-01. Simple assault

1. A person is guilty of an offense if that person:

a. Willfully causes bodily injury to another human being; or

b. Negligently causes bodily injury to another human being by means of a firearm, destructive device, or other weapon, the use of which against a human being is likely to cause death or serious bodily injury.

2. The offense is:

a. A class C felony when the victim is a peace officer or correctional institution employee acting in an official capacity, which the actor knows to be a fact; an employee of the state hospital acting in the course and scope of employment, which the actor knows to be a fact, and the actor is an individual committed to or detained at the state hospital pursuant to chapter 25-03.3; a person engaged in a judicial proceeding; or a member of a municipal or volunteer fire department or emergency medical services personnel unit or emergency department worker in the performance of the member's duties.

b. A class B misdemeanor for the first offense when the victim is an actor's family or household member as defined in subsection 4 of section 14-07.1-01 and a class A misdemeanor for a second or subsequent offense when the victim is an actor's family or household member as defined in subsection 4 of section 14-07.1-01 and the actor has a prior conviction for simple assault under this section or an assault offense under section 12.1-17-01.1 or 12.1-17-02 involving the commission of domestic violence as defined in subsection 2 of section 14-07.1-01. For purposes of this subdivision, a prior conviction includes a conviction of any assault offense in which a finding of domestic violence was made under a law or ordinance of another state which is equivalent to this subdivision.

c. A class B misdemeanor except as provided in subdivision a or b.

CREDIT(S)

S.L. 1973, ch. 116, § 17; S.L. 1975, ch. 116, § 15; S.L. 1979, ch. 178, § 1; S.L. 1993, ch. 119, § 1; S.L. 1997, ch. 121, § 1; S.L. 2001, ch. 133, §§ 1, 2; S.L. 2003, ch. 105, § 1; S.L. 2005, ch. 114, § 1; S.L. 2009, ch. 129, § 1, eff. Aug. 1, 2009.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-17-01.1

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-17. Assaults--Threats--Coercion--Harassment

§ 12.1-17-01.1. Assault

A person is guilty of a class A misdemeanor, except if the victim is under the age of twelve years in which case the offense is a class C felony, if that person:

1. Willfully causes substantial bodily injury to another human being; or

2. Negligently causes substantial bodily injury to another human being by means of a firearm, destructive device, or other weapon, the use of which against a human being is likely to cause death or serious bodily injury.

CREDIT(S)

S.L. 1985, ch. 175, § 2; S.L. 1999, ch. 123, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-17-02

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-17. Assaults--Threats--Coercion--Harassment

§ 12.1-17-02. Aggravated assault

A person is guilty of a class C felony, except if the victim is under the age of twelve years or the victim suffers permanent loss or impairment of the function of a bodily member or organ in which case the offense is a class B felony, if that person:

1. Willfully causes serious bodily injury to another human being;

2. Knowingly causes bodily injury or substantial bodily injury to another human being with a dangerous weapon or other weapon, the possession of which under the circumstances indicates an intent or readiness to inflict serious bodily injury;

3. Causes bodily injury or substantial bodily injury to another human being while attempting to inflict serious bodily injury on any human being; or

4. Fires a firearm or hurls a destructive device at another human being.

CREDIT(S)

S.L. 1973, ch. 116, § 17; S.L. 1985, ch. 175, § 3; S.L. 1999, ch. 123, § 2.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-17-03

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-17. Assaults--Threats--Coercion--Harassment

§ 12.1-17-03. Reckless endangerment

A person is guilty of an offense if he creates a substantial risk of serious bodily injury or death to another. The offense is a class C felony if the circumstances manifest his extreme indifference to the value of human life. Otherwise it is a class A misdemeanor. There is risk within the meaning of this section if the potential for harm exists, whether or not a particular person's safety is actually jeopardized.

CREDIT(S)

S.L. 1973, ch. 116, § 17.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-17-04

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-17. Assaults--Threats--Coercion--Harassment

§ 12.1-17-04. Terrorizing

A person is guilty of a class C felony if, with intent to place another human being in fear for that human being's or another's safety or to cause evacuation of a building, place of assembly, or facility of public transportation, or otherwise to cause serious disruption or public inconvenience, or in reckless disregard of the risk of causing such terror, disruption, or inconvenience, the person:

1. Threatens to commit any crime of violence or act dangerous to human life; or

2. Falsely informs another that a situation dangerous to human life or commission of a crime of violence is imminent knowing that the information is false.

CREDIT(S)

S.L. 1973, ch. 116, § 17; S.L. 1983, ch. 166, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-17-05

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-17. Assaults--Threats--Coercion--Harassment

§ 12.1-17-05. Menacing

A person is guilty of a class A misdemeanor if he knowingly places or attempts to place another human being in fear by menacing him with imminent serious bodily injury.

CREDIT(S)

S.L. 1973, ch. 116, § 17.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-17-06

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-17. Assaults--Threats--Coercion--Harassment

§ 12.1-17-06. Criminal coercion

1. A person is guilty of a class A misdemeanor if, with intent to compel another to engage in or refrain from conduct, he threatens to:

a. Commit any crime;

b. Accuse anyone of a crime;

c. Expose a secret or publicize an asserted fact, whether true or false, tending to subject any person, living or deceased, to hatred, contempt, or ridicule, or to impair another's credit or business repute; or

d. Take or withhold official action as a public servant or cause a public servant to take or withhold official action.

2. It is an affirmative defense to a prosecution under this section that the actor believed, whether or not mistakenly:

a. That the primary purpose of the threat was to cause the other to conduct himself in his own best interest; or

b. That a purpose of the threat was to cause the other to desist from misbehavior, engage in behavior from which he could not lawfully abstain, make good a wrong done by him, or refrain from taking any action or responsibility for which he was disqualified.

CREDIT(S)

S.L. 1973, ch. 116, § 17.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-17-07

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-17. Assaults--Threats--Coercion--Harassment

§ 12.1-17-07. Harassment

1. A person is guilty of an offense if, with intent to frighten or harass another, the person:

a. Communicates in writing or by telephone a threat to inflict injury on any person, to any person's reputation, or to any property;

b. Makes a telephone call anonymously or in offensively coarse language;

c. Makes repeated telephone calls, whether or not a conversation ensues, with no purpose of legitimate communication; or

d. Communicates a falsehood in writing or by telephone and causes mental anguish.

2. The offense is a class A misdemeanor if it is under subdivision a of subsection 1 or subsection 4. Otherwise it is a class B misdemeanor.

3. Any offense defined herein and committed by use of a telephone may be deemed to have been committed at either the place at which the telephone call or calls were made or at the place where the telephone call or calls were received.

4. A person who telephones a 911 emergency line with the intent to annoy or harass another person or who makes a false 911 report is guilty of a class A misdemeanor.

a. Intent to annoy or harass is established by proof of one or more calls with no legitimate 911 purpose.

b. Upon conviction of a violation of this subsection, a person is also liable for all costs incurred by any unnecessary emergency response.

5. Any offense defined herein is deemed communicated in writing if it is transmitted electronically, by electronic mail, facsimile, or other similar means.

CREDIT(S)

S.L. 1973, ch. 116, § 17; S.L. 1975, ch. 116, § 16; S.L. 1995, ch. 125, § 1; S.L. 1999, ch. 124, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-17-07.1

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-17. Assaults--Threats--Coercion--Harassment

§ 12.1-17-07.1. Stalking

1. As used in this section:

a. “Course of conduct” means a pattern of conduct consisting of two or more acts evidencing a continuity of purpose. The term does not include constitutionally protected activity.

b. “Immediate family” means a spouse, parent, child, or sibling. The term also includes any other individual who regularly resides in the household or who within the prior six months regularly resided in the household.

c. “Stalk” means to engage in an intentional course of conduct directed at a specific person which frightens, intimidates, or harasses that person, and that serves no legitimate purpose. The course of conduct may be directed toward that person or a member of that person's immediate family and must cause a reasonable person to experience fear, intimidation, or harassment.

2. No person may intentionally stalk another person.

3. In any prosecution under this section, it is not a defense that the actor was not given actual notice that the person did not want the actor to contact or follow the person; nor is it a defense that the actor did not intend to frighten, intimidate, or harass the person. An attempt to contact or follow a person after being given actual notice that the person does not want to be contacted or followed is prima facie evidence that the actor intends to stalk that person.

4. In any prosecution under this section, it is a defense that a private investigator licensed under chapter 43-30 or a peace officer licensed under chapter 12-63 was acting within the scope of employment.

5. If a person claims to have been engaged in a constitutionally protected activity, the court shall determine the validity of the claim as a matter of law and, if found valid, shall exclude evidence of the activity.

6. a. A person who violates this section is guilty of a class C felony if:

(1) The person previously has been convicted of violating section 12.1-17-01, 12.1-17-01.1, 12.1-17-02, 12.1-17-04, 12.1-17-05, or 12.1-17-07, or a similar offense from another court in North Dakota, a court of record in the United States, or a tribal court, involving the victim of the stalking;

(2) The stalking violates a court order issued under chapter 14-07.1 protecting the victim of the stalking, if the person had notice of the court order; or

(3) The person previously has been convicted of violating this section.

b. If subdivision a does not apply, a person who violates this section is guilty of a class A misdemeanor.

CREDIT(S)

S.L. 1993, ch. 120, § 1; S.L. 1995, ch. 126, § 1; S.L. 2011, ch. 96, § 1, eff. Aug. 1, 2011.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-17-08

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-17. Assaults--Threats--Coercion--Harassment

§ 12.1-17-08. Consent as a defense

1. When conduct is an offense because it causes or threatens bodily injury, consent to such conduct or to the infliction of such injury by all persons injured or threatened by the conduct is a defense if:

a. Neither the injury inflicted nor the injury threatened is such as to jeopardize life or seriously impair health;

b. The conduct and the injury are reasonably foreseeable hazards of joint participation in a lawful athletic contest or competitive sport; or

c. The conduct and the injury are reasonably foreseeable hazards of an occupation or profession or of medical or scientific experimentation conducted by recognized methods, and the persons subjected to such conduct or injury, having been made aware of the risks involved, consent to the performance of the conduct or the infliction of the injury.

2. Assent does not constitute consent, within the meaning of this section, if:

a. It is given by a person who is legally incompetent to authorize the conduct charged to constitute the offense and such incompetence is manifest or known to the actor;

b. It is given by a person who by reason of youth, mental disease or defect, or intoxication is manifestly unable or known by the actor to be unable to make a reasonable judgment as to the nature or harmfulness of the conduct charged to constitute the offense; or

c. It is induced by force, duress, or deception.

CREDIT(S)

S.L. 1973, ch. 116, § 17.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-17-09

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-17. Assaults--Threats--Coercion--Harassment

§ 12.1-17-09. Killing or injury of law enforcement support animal--Definition--Penalty

1. A person is guilty of a class C felony and is subject to a civil penalty of up to ten thousand dollars if that person willfully and unjustifiably kills, shoots, tortures, torments, beats, kicks, strikes, mutilates, disables, or otherwise injures a law enforcement support animal.

2. A person is guilty of a class A misdemeanor and is subject to a civil penalty of up to five thousand dollars if that person willfully:

a. Harasses, taunts, or provokes a law enforcement support animal;

b. Interferes with a law enforcement support animal while the animal is working; or

c. Interferes with the individual handling the animal.

3. For purposes of this section, “ law enforcement support animal” means any animal used by or on behalf of a law enforcement officer in the performance of the officer's functions and duties, including crowd control, corrections, arson investigation, or search and rescue, regardless of whether the animal is on or off duty.

4. This section does not apply to a law enforcement officer or a veterinarian who terminates the life of a law enforcement support animal to relieve the animal of undue suffering and pain.

CREDIT(S)

S.L. 1995, ch. 127, § 1; S.L. 2009, ch. 130, § 1, eff. Aug. 1, 2009.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-17-10

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-17. Assaults--Threats--Coercion--Harassment

§ 12.1-17-10. Hazing--Penalty

A person is guilty of an offense when, in the course of another person's initiation into or affiliation with any organization, the person willfully engages in conduct that creates a substantial risk of physical injury to that other person or a third person. As used in this section, “conduct” means any treatment or forced physical activity that is likely to adversely affect the physical health or safety of that other person or a third person, or which subjects that other person or third person to extreme mental stress, and may include extended deprivation of sleep or rest or extended isolation, whipping, beating, branding, forced calisthenics, overexposure to the weather, and forced consumption of any food, liquor, beverage, drug, or other substance. The offense is a class A misdemeanor if the actor's conduct causes physical injury, otherwise the offense is a class B misdemeanor.

CREDIT(S)

S.L. 1995, ch. 128, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-17-11

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-17. Assaults--Threats--Coercion--Harassment

§ 12.1-17-11. Contact by bodily fluids or excrement

1. An individual is guilty of an offense if the individual causes blood, emesis, excrement, mucus, saliva, semen, vaginal fluid, or urine to come in contact with:

a. A law enforcement officer acting in the scope of employment;

b. An employee of a correctional facility or the department of corrections and rehabilitation acting in the scope of employment unless the employee does an act within the scope of employment which requires or causes the contact;

c. Any person lawfully present in a correctional facility who is not an inmate;

d. Any person lawfully present in the penitentiary or an affiliated facility of the penitentiary who is not an inmate; or

e. Any person who is transporting an individual who is lawfully detained.

2. Subsection 1 does not apply to a mentally ill person as defined in section 25-03.1-02 who has been detained pursuant to chapter 25-03.1.

3. The offense is a class C felony if the individual knowingly causes the contact and is a class A misdemeanor if the individual recklessly causes the contact.

CREDIT(S)

S.L. 1999, ch. 125, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-17-12

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-17. Assaults--Threats--Coercion--Harassment

§ 12.1-17-12. Assault or homicide while fleeing peace officer

A person is guilty of a class A felony if that person negligently causes the death of another or a class B felony if that person negligently causes serious bodily injury to another while in violation of section 39-10-71.

CREDIT(S)

S.L. 1999, ch. 126, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-17-13

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-17. Assaults--Threats--Coercion--Harassment

§ 12.1-17-13. Mandated treatment of domestic violence offenders

The sentence for an offense under section 12.1-17-01, 12.1-17-01.1, 12.1-17-02, 12.1-17-03, 12.1-17-04, or 12.1-17-05 against an actor's family or household member, as defined in subsection 4 of section 14-07.1-01, must include an order to complete a domestic violence offender treatment program unless the court makes written findings for the record explaining why such an order would be inappropriate.

CREDIT(S)

S.L. 2003, ch. 105, § 2.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-17.1-01

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-17.1. Offenses Against Unborn Children

§ 12.1-17.1-01. Definitions

As used in this chapter:

1. “Abortion” means the termination of human pregnancy with an intention other than to produce a live birth or to remove a dead embryo or fetus.

2. “Person” does not include the pregnant woman.

3. “Unborn child” means the conceived but not yet born offspring of a human being, which, but for the action of the actor would beyond a reasonable doubt have subsequently been born alive.

CREDIT(S)

S.L. 1987, ch. 166, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-17.1-02

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-17.1. Offenses Against Unborn Children

§ 12.1-17.1-02. Murder of an unborn child

1. A person is guilty of murder of an unborn child, a class AA felony, if the person:

a. Intentionally or knowingly causes the death of an unborn child;

b. Causes the death of an unborn child under circumstances manifesting extreme indifference to the value of the life of the unborn child or the pregnant woman; or

c. Acting either alone or with one or more other persons, commits or attempts to commit treason, robbery, burglary, kidnapping, felonious restraint, arson, gross sexual imposition, or escape and, in the course of and in furtherance of such crime or of immediate flight therefrom, the person, or another participant, if any, causes the death of an unborn child; except that in any prosecution under this subsection in which the defendant was not the only participant in the underlying crime, it is an affirmative defense that the defendant:

(1) Did not commit the homicidal act or in any way solicit, command, induce, procure, counsel, or aid the commission thereof;

(2) Was not armed with a firearm, destructive device, dangerous weapon, or other weapon that under the circumstances indicated a readiness to inflict serious bodily injury;

(3) Reasonably believed that no other participant was armed with such a weapon; and

(4) Reasonably believed that no other participant intended to engage in conduct likely to result in death or serious bodily injury.

Subdivisions a and b are inapplicable in the circumstances covered by subsection 2.

2. A person is guilty of murder of an unborn child, a class A felony, if the person causes the death of an unborn child under circumstances which would be class AA murder, except that the person causes the death of the unborn child under the influence of extreme emotional disturbance for which there is reasonable excuse. The reasonableness of the excuse must be determined from the viewpoint of a person in the person's situation under the circumstances as the person believes them to be. An extreme emotional disturbance is excusable, within the meaning of this subsection only, if it is occasioned by substantial provocation or a serious event or situation for which the offender was not culpably responsible.

CREDIT(S)

S.L. 1987, ch. 166, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-17.1-03

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-17.1. Offenses Against Unborn Children

§ 12.1-17.1-03. Manslaughter of an unborn child

A person is guilty of manslaughter of an unborn child, a class B felony, if the person recklessly causes the death of an unborn child.

CREDIT(S)

S.L. 1987, ch. 166, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-17.1-04

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-17.1. Offenses Against Unborn Children

§ 12.1-17.1-04. Negligent homicide of an unborn child

A person is guilty of negligent homicide of an unborn child, a class C felony, if the person negligently causes the death of an unborn child.

CREDIT(S)

S.L. 1987, ch. 166, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-17.1-05

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-17.1. Offenses Against Unborn Children

§ 12.1-17.1-05. Aggravated assault of an unborn child

A person is guilty of assault of an unborn child, a class C felony, if that person willfully assaults a pregnant woman and inflicts serious bodily injury on an unborn child.

CREDIT(S)

S.L. 1987, ch. 166, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-17.1-06

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-17.1. Offenses Against Unborn Children

§ 12.1-17.1-06. Assault of an unborn child

A person is guilty of assault of an unborn child, a class A misdemeanor, if the person willfully assaults a pregnant woman and inflicts bodily injury on an unborn child.

CREDIT(S)

S.L. 1987, ch. 166, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-17.1-07

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-17.1. Offenses Against Unborn Children

§ 12.1-17.1-07. Exception

This chapter does not apply to acts or omissions that cause the death or injury of an unborn child if those acts or omissions are committed during an abortion performed by or under the supervision of a licensed physician to which the pregnant woman has consented, nor does it apply to acts or omissions that are committed pursuant to usual and customary standards of medical practice during diagnostic or therapeutic treatment performed by or under the supervision of a licensed physician.

CREDIT(S)

S.L. 1987, ch. 166, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-17.1-08

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-17.1. Offenses Against Unborn Children

§ 12.1-17.1-08. Other convictions not prohibited

A prosecution for or conviction under this chapter is not a bar to conviction of or punishment for any other offense committed by a person as part of the same conduct.

CREDIT(S)

S.L. 1987, ch. 166, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-18-01

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-18. Kidnapping

§ 12.1-18-01. Kidnapping

1. A person is guilty of kidnapping if he abducts another or, having abducted another, continues to restrain him with intent to do the following:

a. Hold him for ransom or reward;

b. Use him as a shield or hostage;

c. Hold him in a condition of involuntary servitude;

d. Terrorize him or a third person;

e. Commit a felony or attempt to commit a felony; or

f. Interfere with the performance of any governmental or political function.

2. Kidnapping is a class A felony unless the actor voluntarily releases the victim alive and in a safe place prior to trial, in which case it is a class B felony.

CREDIT(S)

S.L. 1973, ch. 116, § 18.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-18-02

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-18. Kidnapping

§ 12.1-18-02. Felonious restraint

A person is guilty of a class C felony, if he:

1. Knowingly abducts another;

2. Knowingly restrains another under terrorizing circumstances or under circumstances exposing him to risk of serious bodily injury; or

3. Restrains another with intent to hold him in a condition of involuntary servitude.

CREDIT(S)

S.L. 1973, ch. 116, § 18.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-18-03

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-18. Kidnapping

§ 12.1-18-03. Unlawful imprisonment

1. A person is guilty of a class A misdemeanor if he knowingly subjects another to unlawful restraint.

2. It is a defense to a prosecution under this section that the actor is a parent or person in equivalent relation to the person restrained and that the person restrained is a minor.

CREDIT(S)

S.L. 1973, ch. 116, § 18.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-18-04

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-18. Kidnapping

§ 12.1-18-04. Definitions

In this chapter:

1. “Abduct” means to restrain a person with intent to prevent his liberation by:

a. Secreting or holding him in a place where he is not likely to be found; or

b. Endangering or threatening to endanger the safety of any human being.

2. “Restrain” means to restrict the movement of a person unlawfully and without consent so as to interfere substantially with his liberty by removing him from his place of residence or business, by moving him a substantial distance from one place to another, or by confining him for a substantial period. Restraint is “without consent” if it is accomplished by: a. force, intimidation, or deception; or b. any means, including acquiescence of the victim, if he is a child less than fourteen years old or an incompetent person, and if the parent, guardian, or person or institution responsible for the general supervision of his welfare has not acquiesced in the movement or confinement.

CREDIT(S)

S.L. 1973, ch. 116, § 18.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-18-05

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-18. Kidnapping

§ 12.1-18-05. Removal of child from state in violation of custody decree--Penalty

Any person who intentionally removes, causes the removal of, or detains the person's own child under the age of eighteen years outside this state with the intent to deny another person's rights in violation of an existing custody decree is guilty of a class C felony. Detaining the child outside this state in violation of the custody decree for more than seventy-two hours is prima facie evidence that the person charged intended to violate the custody decree at the time of removal.

CREDIT(S)

S.L. 2001, ch. 149, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, T. 12.1, Ch. 12.1-19, Repealed

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-19. Abortion [Repealed]

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-20-01

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-20. Sex Offenses

§ 12.1-20-01. General provisions

In sections 12.1-20-03 through 12.1-20-08:

1. When the criminality of conduct depends on a child's being below the age of fifteen, it is no defense that the actor did not know the child's age, or reasonably believed the child to be older than fourteen.

2. When criminality depends on the victim being a minor, it is an affirmative defense that the actor reasonably believed the victim to be an adult.

3. When criminality depends on the victim being a minor fifteen years of age or older, the actor is guilty of an offense only if the actor is at least three years older than the minor.

CREDIT(S)

S.L. 1973, ch. 117, § 1; S.L. 1983, ch. 172, § 6; S.L. 1985, ch. 536, § 1; S.L. 1987, ch. 167, § 1; S.L. 2005, ch. 115, § 1; S.L. 2007, ch. 123, § 1, eff. Aug. 1, 2007.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-20-02

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-20. Sex Offenses

§ 12.1-20-02. Definitions

In sections 12.1-20-03 through 12.1-20-12:

1. “Coercion” means to exploit fear or anxiety through intimidation, compulsion, domination, or control with the intent to compel conduct or compliance.

2. “Deviate sexual act” means any form of sexual contact with an animal, bird, or dead person.

3. “Object” means anything used in commission of a sexual act other than the person of the actor.

4. “Sexual act” means sexual contact between human beings consisting of contact between the penis and the vulva, the penis and the anus, the mouth and the penis, the mouth and the vulva, or any other portion of the human body and the penis, anus, or vulva; or the use of an object which comes in contact with the victim's anus, vulva, or penis. For the purposes of this subsection, sexual contact between the penis and the vulva, the penis and the anus, any other portion of the human body and the anus or vulva, or an object and the anus, vulva, or penis of the victim, occurs upon penetration, however slight. Emission is not required.

5. “Sexual contact” means any touching, whether or not through the clothing or other covering, of the sexual or other intimate parts of the person, or the penile ejaculation or ejaculate or emission of urine or feces upon any part of the person, for the purpose of arousing or satisfying sexual or aggressive desires.

CREDIT(S)

S.L. 1973, ch. 117, § 1; S.L. 1977, ch. 122, § 1; S.L. 1983, ch. 172, § 7; S.L. 1985, ch. 176, § 1; S.L. 1997, ch. 122, § 1; S.L. 2001, ch. 134, § 1; S.L. 2009, ch. 131, § 1, eff. Aug. 1, 2009.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-20-03

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-20. Sex Offenses

§ 12.1-20-03. Gross sexual imposition--Penalty

1. A person who engages in a sexual act with another, or who causes another to engage in a sexual act, is guilty of an offense if:

a. That person compels the victim to submit by force or by threat of imminent death, serious bodily injury, or kidnapping, to be inflicted on any human being;

b. That person or someone with that person's knowledge has substantially impaired the victim's power to appraise or control the victim's conduct by administering or employing without the victim's knowledge intoxicants, a controlled substance as defined in chapter 19-03.1, or other means with intent to prevent resistance;

c. That person knows or has reasonable cause to believe that the victim is unaware that a sexual act is being committed upon him or her;

d. The victim is less than fifteen years old; or

e. That person knows or has reasonable cause to believe that the other person suffers from a mental disease or defect which renders him or her incapable of understanding the nature of his or her conduct.

2. A person who engages in sexual contact with another, or who causes another to engage in sexual contact, is guilty of an offense if:

a. The victim is less than fifteen years old;

b. That person compels the victim to submit by force or by threat of imminent death, serious bodily injury, or kidnapping, to be inflicted on any human being; or

c. That person knows or has reasonable cause to believe that the victim is unaware that sexual contact is being committed on the victim.

3. a. An offense under this section is a class AA felony if in the course of the offense the actor inflicts serious bodily injury upon the victim, if the actor's conduct violates subdivision a of subsection 1, or if the actor's conduct violates subdivision d of subsection 1 and the actor was at least twenty-two years of age at the time of the offense. For any conviction of a class AA felony under subdivision a of subsection 1, the court shall impose a minimum sentence of twenty years' imprisonment, with probation supervision to follow the incarceration. The court may deviate from the mandatory sentence if the court finds that the sentence would impose a manifest injustice as defined in section 39-01-01 and the defendant has accepted responsibility for the crime or cooperated with law enforcement. However, a defendant convicted of a class AA felony under this section may not be sentenced to serve less than five years of incarceration.

b. Otherwise the offense is a class A felony.

4. If, as a result of injuries sustained during the course of an offense under this section, the victim dies, the offense is a class AA felony, for which the maximum penalty of life imprisonment without parole must be imposed.

CREDIT(S)

S.L. 1973, ch. 117, § 1; S.L. 1977, ch. 122, § 2; S.L. 1987, ch. 168, § 1; S.L. 1997, ch. 123, § 1; S.L. 2005, ch. 115, § 2; S.L. 2007, ch. 123, § 2, eff. Aug. 1, 2007; S.L. 2009, ch. 131, § 2, eff. Aug. 1, 2009.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-20-03.1

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-20. Sex Offenses

§ 12.1-20-03.1. Continuous sexual abuse of a child

1. An individual in adult court is guilty of an offense if the individual engages in any combination of three or more sexual acts or sexual contacts with a minor under the age of fifteen years during a period of three or more months. The offense is a class AA felony if the actor was at least twenty-two years of age at the time of the offense. Otherwise, the offense is a class A felony. The court may not defer imposition of sentence.

2. If more than three sexual acts or contacts are alleged, a jury must unanimously agree that any combination of three or more acts or contacts occurred. The jury does not need to unanimously agree which three acts or contacts occurred.

3. No other felony offense under this chapter involving the same victim may be charged in the same proceeding with a charge under this section unless the other charged offense occurred outside the time period charged under this section or the other offense is charged in the alternative. A defendant may be charged with only one count under this section, but a separate count may be charged for each victim if more than one victim is involved.

CREDIT(S)

S.L. 1997, ch. 124, § 2; S.L. 2005, ch. 115, § 3; S.L. 2007, ch. 123, § 3, eff. Aug. 1, 2007.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-20-04

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-20. Sex Offenses

§ 12.1-20-04. Sexual imposition

A person who engages in a sexual act or sexual contact with another, or who causes another to engage in a sexual act or sexual contact, is guilty of a class B felony if the actor:

1. Compels the other person to submit by any threat or coercion that would render a person reasonably incapable of resisting; or

2. Engages in a sexual act or sexual contact with another, whether consensual or not, as part of an induction, initiation, ceremony, pledge, hazing, or qualification to become a member or an associate of any criminal street gang as defined in section 12.1-06.2-01.

CREDIT(S)

S.L. 1973, ch. 117, § 1; S.L. 1977, ch. 122, § 3; S.L. 1983, ch. 167, § 1; S.L. 2001, ch. 134, § 2; S.L. 2009, ch. 131, § 3, eff. Aug. 1, 2009.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-20-05

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-20. Sex Offenses

§ 12.1-20-05. Corruption or solicitation of minors

1. An adult who engages in, solicits with the intent to engage in, or causes another to engage in a sexual act with a minor, is guilty of a class A misdemeanor if the victim is a minor fifteen years of age or older.

2. An adult who solicits with the intent to engage in a sexual act with a minor under age fifteen or engages in or causes another to engage in a sexual act when the adult is at least twenty-two years of age and the victim is a minor fifteen years of age or older, is guilty of a class C felony.

3. An adult who commits a violation of subsection 1 within fifty feet [15.24 meters] of or on the real property comprising a public or nonpublic elementary, middle, or high school is guilty of a class C felony. An adult who commits a violation of subsection 2 within fifty feet [15.24 meters] of or on the real property comprising a public or nonpublic elementary, middle, or high school is guilty of a class B felony.

CREDIT(S)

S.L. 1973, ch. 117, § 1; S.L. 1977, ch. 122, § 4; S.L. 1979, ch. 179, § 2; S.L. 1997, ch. 122, § 2; S.L. 2001, ch. 134, § 3; S.L. 2007, ch. 124, § 2, eff. Aug. 1, 2007.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-20-05.1

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-20. Sex Offenses

§ 12.1-20-05.1. Luring minors by computer or other electronic means

1. An adult is guilty of luring minors by computer or other electronic means when:

a. The adult knows the character and content of a communication that, in whole or in part, implicitly or explicitly discusses or depicts actual or simulated nudity, sexual acts, sexual contact, sadomasochistic abuse, or other sexual performances and uses any computer communication system or other electronic means that allows the input, output, examination, or transfer of data or programs from one computer or electronic device to another to initiate or engage in such communication with a person the adult believes to be a minor; and

b. By means of that communication the adult importunes, invites, or induces a person the adult believes to be a minor to engage in sexual acts or to have sexual contact with the adult, or to engage in a sexual performance, obscene sexual performance, or sexual conduct for the adult's benefit, satisfaction, lust, passions, or sexual desires.

2. A violation of this section is a class A misdemeanor if the adult is less than twenty-two years of age and reasonably believes the minor is age fifteen to seventeen. If the adult is less than twenty-two years of age and reasonably believes the minor is under age fifteen, or the adult is twenty-two years of age or older and the adult reasonably believes the minor is age fifteen to seventeen, violation of this section is a class C felony. If the adult is twenty-two years of age or older and the adult reasonably believes the minor is under the age of fifteen, violation of this section is a class B felony. The court shall sentence an adult convicted of a class B or class C felony under this section to serve a term of imprisonment of at least one year, except the court may sentence an individual to less than one year if the individual did not take a substantial step toward meeting with the minor.

3. The attorney general may issue an administrative subpoena compelling an internet service provider or cellular phone company to provide subscriber information to a law enforcement agency investigating a possible violation of this section.

CREDIT(S)

S.L. 2001, ch. 134, § 4; S.L. 2007, ch. 125, § 1, eff. April 10, 2007.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-20-06

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-20. Sex Offenses

§ 12.1-20-06. Sexual abuse of wards

A person who engages in a sexual act with another person, or any person who causes another to engage in a sexual act is guilty of a class C felony if the other person is in official custody or detained in a hospital, prison, or other institution and the actor has supervisory or disciplinary authority over the other person.

CREDIT(S)

S.L. 1973, ch. 117, § 1; S.L. 2001, ch. 135, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-20-06.1

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-20. Sex Offenses

§ 12.1-20-06.1. Sexual exploitation by therapist--Definitions--Penalty

Any person who is or who holds oneself out to be a therapist and who intentionally has sexual contact, as defined in section 12.1-20-02, with a patient or client during any treatment, consultation, interview, or examination is guilty of a class C felony. Consent by the complainant is not a defense under this section. A complaint of a violation of this section may be made to the police department of the city in which the violation occurred, the sheriff of the county in which the violation occurred, or the bureau of criminal investigation. Local law enforcement agencies and the bureau of criminal investigation shall cooperate in investigations of violations of this section. As used in this section, unless the context or subject matter otherwise requires:

1. “Psychotherapy” means the diagnosis or treatment of a mental or emotional condition, including alcohol or drug addiction.

2. “Therapist” means a physician, psychologist, psychiatrist, social worker, nurse, chemical dependency counselor, member of the clergy, or other person, whether licensed or not by the state, who performs or purports to perform psychotherapy.

CREDIT(S)

S.L. 1987, ch. 169, § 1; S.L. 1995, ch. 129, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-20-07

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-20. Sex Offenses

§ 12.1-20-07. Sexual assault

1. A person who knowingly has sexual contact with another person, or who causes another person to have sexual contact with that person, is guilty of an offense if:

a. That person knows or has reasonable cause to believe that the contact is offensive to the other person;

b. That person knows or has reasonable cause to believe that the other person suffers from a mental disease or defect which renders that other person incapable of understanding the nature of that other person's conduct;

c. That person or someone with that person's knowledge has substantially impaired the victim's power to appraise or control the victim's conduct, by administering or employing without the victim's knowledge intoxicants, a controlled substance as defined in chapter 19-03.1, or other means for the purpose of preventing resistance;

d. The other person is in official custody or detained in a hospital, prison, or other institution and the actor has supervisory or disciplinary authority over that other person;

e. The other person is a minor, fifteen years of age or older, and the actor is the other person's parent, guardian, or is otherwise responsible for general supervision of the other person's welfare; or

f. The other person is a minor, fifteen years of age or older, and the actor is an adult.

2. The offense is a class C felony if the actor's conduct violates subdivision b, c, d, or e of subsection 1, or subdivision f of subsection 1 if the adult is at least twenty-two years of age, a class A misdemeanor if the actor's conduct violates subdivision f of subsection 1 if the adult is at least eighteen years of age and not twenty-two years of age or older, or a class B misdemeanor if the actor's conduct violates subdivision a of subsection 1.

CREDIT(S)

S.L. 1973, ch. 117, § 1; S.L. 1977, ch. 122, § 5; S.L. 1997, ch. 122, § 3; S.L. 1997, ch. 123, § 2; S.L. 2001, ch. 135, § 2.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-20-08

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-20. Sex Offenses

§ 12.1-20-08. Fornication

An individual is guilty of a class A misdemeanor if the individual engages in a sexual act in a public place. A minor engaging in a sexual act is guilty of a class B misdemeanor, unless that sexual act was committed against the minor in violation of sections 12.1-20-01 through 12.1-20-07.

CREDIT(S)

S.L. 1973, ch. 117, § 1; S.L. 2003, ch. 106, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-20-09

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-20. Sex Offenses

§ 12.1-20-09. Adultery

1. A married person is guilty of a class A misdemeanor if he or she engages in a sexual act with another person who is not his or her spouse.

2. No prosecution shall be instituted under this section except on the complaint of the spouse of the alleged offender, and the prosecution shall not be commenced later than one year from commission of the offense.

3. The court shall grant immunity from prosecution under this section to a person subject to prosecution under this section who, as part of a divorce, annulment, or separation proceeding, provides information regarding sexual acts with another person.

CREDIT(S)

S.L. 1973, ch. 117, § 1; S.L. 1987, ch. 167, § 2; S.L. 1997, ch. 125, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-20-10

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-20. Sex Offenses

§ 12.1-20-10. Repealed by S.L. 2007, ch. 131, § 4, eff. Aug. 1, 2007

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-20-11

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-20. Sex Offenses

§ 12.1-20-11. Incest

A person who intermarries, cohabits, or engages in a sexual act with another person related to him within a degree of consanguinity within which marriages are declared incestuous and void by section 14-03-03, knowing such other person to be within said degree of relationship, is guilty of a class C felony.

CREDIT(S)

S.L. 1973, ch. 117, § 1; S.L. 1989, ch. 163, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-20-12

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-20. Sex Offenses

§ 12.1-20-12. Deviate sexual act

A person who performs a deviate sexual act with the intent to arouse or gratify his sexual desire is guilty of a class A misdemeanor.

CREDIT(S)

S.L. 1973, ch. 117, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-20-12.1

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-20. Sex Offenses

§ 12.1-20-12.1. Indecent exposure

1. A person, with intent to arouse, appeal to, or gratify that person's lust, passions, or sexual desires, is guilty of a class A misdemeanor if that person:

a. Masturbates in a public place or in the presence of a minor; or

b. Exposes one's penis, vulva, or anus in a public place or to a minor in a public or private place.

2. A person is guilty of a class C felony if the person violates subsection 1 after a previous conviction for violating subsection 1, after a previous conviction for violating section 12.1-20-12.2, or after being required to register under section 12.1-32-15.

3. A person who commits a violation of subsection 1 within fifty feet [15.24 meters] of or on the real property comprising a public or nonpublic elementary, middle, or high school is guilty of a class C felony. A person who commits a violation of subsection 2 within fifty feet [15.24 meters] of or on the real property comprising a public or nonpublic elementary, middle, or high school is guilty of a class B felony.

4. The act of a woman discreetly breastfeeding her child is not a violation of this section.

CREDIT(S)

S.L. 1979, ch. 179, § 1; S.L. 2001, ch. 134, § 5; S.L. 2003, ch. 106, § 2; S.L. 2007, ch. 124, § 3, eff. Aug. 1, 2007; S.L. 2009, ch. 220, § 1, eff. Aug. 1, 2009.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-20-12.2

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-20. Sex Offenses

§ 12.1-20-12.2. Surreptitious intrusion

1. An individual, with the intent to arouse, appeal to, or gratify that individual's lust, passions, or sexual desires, is guilty of a class A misdemeanor if that individual does any of the following:

a. With intent to intrude upon or interfere with the privacy of another, enters upon another's property and surreptitiously gazes, stares, or peeps into a house or place of dwelling of another.

b. With intent to intrude upon or interfere with the privacy of another, enters upon another's property and surreptitiously installs or uses any device for observing, photographing, recording, amplifying, or broadcasting sounds or events from a house or place of dwelling of another.

c. With intent to intrude upon or interfere with the privacy of the occupant, surreptitiously gazes, stares, or peeps into a tanning booth, a sleeping room in a hotel, or other place where a reasonable individual would have an expectation of privacy and has exposed or is likely to expose that individual's intimate parts or has removed the clothing covering the immediate area of the intimate parts.

d. With intent to intrude upon or interfere with the privacy of the occupant, surreptitiously installs or uses any device for observing, photographing, recording, amplifying, or broadcasting sounds or events from a tanning booth, a sleeping room in a hotel, or other place where a reasonable individual would have an expectation of privacy and has exposed or is likely to expose that individual's intimate parts or has removed the clothing covering the immediate area of the intimate parts.

2. A person is guilty of a class C felony if the person violates subsection 1 after a previous conviction for violating subsection 1, after a previous conviction for violating section 12.1-20-12.1, or after being required to register under section 12.1-32-15.

CREDIT(S)

S.L. 2001, ch. 134, § 6; S.L. 2011, ch. 97, § 1, eff. Aug. 1, 2011.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-20-13

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-20. Sex Offenses

§ 12.1-20-13. Bigamy

1. A person who marries another person, while married to another person, is guilty of a class C felony.

2. Subsection 1 does not extend to:

a. A person whose spouse has been absent for five successive years and is believed by him or her to be dead.

b. A person whose spouse has voluntarily absented himself and has continually remained without the United States for the space of five successive years.

c. A person whose former marriage has been pronounced void, null, or dissolved by the judgment of a competent court.

CREDIT(S)

S.L. 1973, ch. 117, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-20-14

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-20. Sex Offenses

§§ 12.1-20-14 to 12.1-20-15.1. Superseded by N.D.R.Ev., Rule 412

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-20-15

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-20. Sex Offenses

§§ 12.1-20-14 to 12.1-20-15.1. Superseded by N.D.R.Ev., Rule 412

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-20-15.1

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-20. Sex Offenses

§§ 12.1-20-14 to 12.1-20-15.1. Superseded by N.D.R.Ev., Rule 412

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-20-16

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-20. Sex Offenses

§ 12.1-20-16. Appointment of a guardian ad litem in prosecution for sex offenses

A minor or a person with a developmental disability who is a material or prosecuting witness in a criminal proceeding involving an act in violation of sections 12.1-20-01 through 12.1-20-08, or section 12.1-20-11 may, at the discretion of the district court, have the witness' interests represented by a guardian ad litem at all stages of the proceedings arising from the violation. The appointment may be made upon the order of the court on its own motion or at the request of a party to the action. The guardian ad litem may, but need not, be a licensed attorney and must be designated by the court after due consideration is given to the desires and needs of the minor or the person with a developmental disability. A person who is also a material witness or prosecuting witness in the same proceeding may not be designated guardian ad litem. The guardian ad litem must receive notice of and may attend all depositions, hearings, and trial proceedings to support the minor or the person with a developmental disability and advocate for the protection of the minor or the person with a developmental disability but may not separately introduce evidence or directly examine or cross-examine witnesses. The expenses of the guardian ad litem, when approved by the judge, must be paid by the supreme court. The state shall also pay the expenses of the guardian ad litem in commitment proceedings held in district court pursuant to chapter 25-03.1.

CREDIT(S)

S.L. 1987, ch. 170, § 1; S.L. 1991, ch. 54, § 4; S.L. 1991, ch. 326, § 42; S.L. 1993, ch. 122, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-20-17

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-20. Sex Offenses

§ 12.1-20-17. Transfer of body fluid that may contain the human immunodeficiency virus--Definitions--Defenses--Penalty

1. As used in this section, unless the context otherwise requires:

a. “Body fluid” means semen, irrespective of the presence of spermatozoa; blood; or vaginal secretion.

b. “Transfer” means to engage in sexual activity by genital-genital contact, oral-genital contact, or anal-genital contact, or to permit the reuse of a hypodermic syringe, needle, or similar device without sterilization.

2. A person who, knowing that that person is or has been afflicted with acquired immune deficiency syndrome, afflicted with acquired immune deficiency syndrome related complexes, or infected with the human immunodeficiency virus, willfully transfers any of that person's body fluid to another person is guilty of a class A felony.

3. It is an affirmative defense to a prosecution under this section that if the transfer was by sexual activity, the sexual activity took place between consenting adults after full disclosure of the risk of such activity and with the use of an appropriate prophylactic device.

CREDIT(S)

S.L. 1989, ch. 164, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-20-18

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-20. Sex Offenses

§§ 12.1-20-18 to 12.1-20-23. Repealed

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-20-23

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-20. Sex Offenses

§§ 12.1-20-18 to 12.1-20-23. Repealed

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-20-24

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-20. Sex Offenses

§ 12.1-20-24. Facilitation of sexual acts in public

1. As used in this section:

a. “Adult entertainment center” means any commercial facility at which motion pictures or videos that include explicit representations of sexual conduct are offered for viewing at that facility, but does not include the guest rooms of a hotel or motel.

b. “Sexual act” has the meaning prescribed in section 12.1-20-02.

c. “Sexual conduct” has the meaning prescribed in section 12.1-27.1-01.

2. It is an infraction for a person to willfully own, rent, lease, manage, or exercise control of any portion of an adult entertainment center if that portion contains:

a. Any partition between subdivisions of a room or area that has an opening that facilitates a sexual act between individuals on either side of the partition; or

b. A room, booth, stall, or partitioned portion of a room offered to individuals for a fee as an incident to viewing a video, motion picture, or similar entertainment, unless the room, booth, stall, or partitioned portion of the room has:

(1) At least one side open to an adjacent public space so that the area inside is visible to individuals in the adjacent public space; and

(2) The viewing area is lighted in a manner that the persons in that area are visible from the adjacent public space.

3. This section does not apply to an enclosure that is a private office space used by the owner, manager, or employees of the adult entertainment center if that office space is not held out or available to the public for the purpose of viewing a video, motion picture, or similar entertainment for a fee.

4. The state department of health or the state's attorney having jurisdiction may bring an action to enjoin a pattern of violations of this section.

CREDIT(S)

S.L. 1997, ch. 126, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-20-25

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-20. Sex Offenses

§ 12.1-20-25. Sexual offender presence near schools prohibited

1. Except for purposes of voting in a school building used as a public polling place or attending an open meeting under chapter 44-04 in a school building, a sexual offender, as defined in section 12.1-32-15, who has pled guilty or been found guilty of or has been adjudicated delinquent of a class A misdemeanor or felony sexual offense against a minor or is required to register under section 12.1-32-15 or equivalent law of another state may not knowingly enter upon the real property comprising a public or nonpublic elementary, middle, or high school unless provided by this section or allowed on school property through compliance with a written policy adopted by the school board of a public school or governing body of a nonpublic school. The school board or governing body shall provide a copy of the policy to local law enforcement upon request.

2. If a school board or a governing body does not have a written policy on sexual offenders on school property, subsection 1 does not apply under the following circumstances:

a. The offender is a parent or guardian of a student attending the school and the offender, with the written permission of the school board or governing body of the school, or designee of the board or body, is attending a conference at the school with school personnel to discuss the progress of the student academically or socially, participating in a child review conference in which evaluation and placement decisions may be made regarding special education services, or attending a conference to discuss other student issues, including retention and promotion.

b. The offender is a parent, guardian, or relative of a student attending or participating in a function at the school and the offender has requested advance permission from the school board or governing body, or designee of the board or body, and received permission allowing the offender's presence at the school function.

c. The offender is a student at the school with the written permission of the school board or governing body, or designee of the board or body.

d. The school board or governing body, or designee of the board or body, allows the offender on school property under other circumstances on a case-by-case basis.

3. An individual who violates this section is guilty of a class A misdemeanor.

CREDIT(S)

S.L. 2007, ch. 124, § 1, eff. Aug. 1, 2007; S.L. 2007, ch. 126, § 1, eff. Aug. 1, 2007.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-21-01

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-21. Damaging Property or Public Services

§ 12.1-21-01. Arson

A person is guilty of arson, a class B felony, if he starts or maintains a fire or causes an explosion with intent to destroy an entire or any part of a building or inhabited structure of another or a vital public facility, or if he starts or maintains a fire or causes an explosion with intent to destroy or damage his own real or personal property for the purpose of collecting insurance for the loss.

CREDIT(S)

S.L. 1973, ch. 116, § 20; S.L. 1979, ch. 180, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-21-02

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-21. Damaging Property or Public Services

§ 12.1-21-02. Endangering by fire or explosion

1. A person is guilty of an offense if he intentionally starts or maintains a fire or causes an explosion and thereby recklessly:

a. Places another person in danger of death or bodily injury;

b. Places an entire or any part of a building or inhabited structure of another or a vital public facility in danger of destruction; or

c. Causes damage to property of another constituting pecuniary loss in excess of two thousand dollars.

2. The offense is a class B felony if the actor places another person in danger of death under circumstances manifesting an extreme indifference to the value of human life. Otherwise it is a class C felony.

CREDIT(S)

S.L. 1973, ch. 116, § 20; S.L. 1977, ch. 123, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-21-03

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-21. Damaging Property or Public Services

§ 12.1-21-03. Failure to control or report a dangerous fire

A person who knows that a fire which was started or maintained, albeit lawfully, by him or with his assent is endangering life or a substantial amount of property of another is guilty of a class A misdemeanor if he willfully fails either to take reasonable measures to put out or control the fire when he can do so without substantial risk to himself or to give a prompt fire alarm.

CREDIT(S)

S.L. 1973, ch. 116, § 20.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-21-03.1

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-21. Damaging Property or Public Services

§ 12.1-21-03.1. Negligent act resulting in fire--Penalty

It is unlawful for any person to negligently cause a fire to be started in any part of any hotel, motel, roominghouse, lodginghouse, or other place of public abode so as to endanger life or property in any way or to any extent.

1. The state fire marshal shall print and distribute copies of this section to all hotels, motels, roominghouses, lodginghouses, and other places of public abode in this state and such copies shall be conspicuously displayed in each room of every hotel, motel, roominghouse, lodginghouse, and other place of public abode in this state.

2. Violation of this section is a class B misdemeanor.

CREDIT(S)

S.L. 1985, ch. 178, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-21-04

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-21. Damaging Property or Public Services

§ 12.1-21-04. Release of destructive forces

1. A person is guilty of a class B felony if he intentionally causes a catastrophe by any means and is guilty of a class C felony if he does so willfully.

2. A person is guilty of a class C felony if he willfully creates a risk of catastrophe, although no fire, explosion, or other destruction results.

3. A person who knowingly does an act which causes or which he knows is likely to cause a catastrophe, or assents to the doing of such act, is guilty of a class C felony if he willfully fails to take reasonable measures to prevent the catastrophe.

4. Catastrophe means serious bodily injury to ten or more people or substantial damage to ten or more separate habitations or structures or property loss in excess of five hundred thousand dollars.

CREDIT(S)

S.L. 1973, ch. 116, § 20.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-21-05

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-21. Damaging Property or Public Services

§ 12.1-21-05. Criminal mischief

1. A person is guilty of an offense if that person:

a. Willfully tampers with tangible property of another so as to endanger person or property; or

b. Willfully damages tangible property of another.

2. The offense is:

a. A class B felony if the actor intentionally causes pecuniary loss in excess of ten thousand dollars.

b. A class C felony if the actor intentionally causes pecuniary loss in excess of two thousand dollars but not in excess of ten thousand dollars or damages tangible property of another by means of an explosive or a destructive device.

c. A class A misdemeanor if the actor recklessly causes pecuniary loss in excess of two thousand dollars or if the actor intentionally causes pecuniary loss of from one hundred dollars through two thousand dollars.

Otherwise the offense is a class B misdemeanor.

CREDIT(S)

S.L. 1973, ch. 116, § 20; S.L. 1977, ch. 124, § 1; S.L. 1997, ch. 127, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-21-06

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-21. Damaging Property or Public Services

§ 12.1-21-06. Tampering with or damaging a public service

1. A person is guilty of an offense if he causes a substantial interruption or impairment of a public communication, transportation, supply of water, gas, power, or other public service by:

a. Tampering with or damaging the tangible property of another;

b. Incapacitating an operator of such service; or

c. Negligently damaging the tangible property of another by fire, explosive, or other dangerous means.

2. The offense is a class C felony if the actor engages in the conduct intentionally and a class A misdemeanor if the actor engages in the conduct knowingly or recklessly. Otherwise it is a class B misdemeanor.

CREDIT(S)

S.L. 1973, ch. 116, § 20.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-21-06.1

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-21. Damaging Property or Public Services

§ 12.1-21-06.1. Interference with telephone during emergency call

A person is guilty of an offense if that person removes, damages, or obstructs any telephone or telephone line or any part or apparatus on the line, or severs any wire connected to the line, so as to interfere with an emergency telephone call. The offense is a class C felony if it was done intentionally. The offense is a class A misdemeanor if it was done knowingly or recklessly.

CREDIT(S)

S.L. 1999, ch. 127, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-21-07

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-21. Damaging Property or Public Services

§ 12.1-21-07. Consent as a defense

Whenever in this chapter it is an element of the offense that the property is of another, it is a defense to a prosecution under those sections that the other has consented to the actor's conduct with respect to the property.

CREDIT(S)

S.L. 1973, ch. 116, § 20.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-21-08

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-21. Damaging Property or Public Services

§ 12.1-21-08. Definitions

In this chapter:

1. “Inhabited structure” means a structure or vehicle:

a. Where any person lives or carries on business or other calling;

b. Where people assemble for purposes of business, government, education, religion, entertainment, or public transportation; or

c. Which is used for overnight accommodation of persons.

Any structure or vehicle is deemed to be “inhabited” regardless of whether a person is actually present. If a building or structure is divided into separately inhabited units, any unit which is property of another constitutes an inhabited structure of another.

2. Property is that “of another” if anyone other than the actor has a possessory or proprietary interest therein.

3. “Vital public facility” includes a facility maintained for use as a bridge (whether over land or water), dam, tunnel, wharf, communications installation, or power station.

CREDIT(S)

S.L. 1973, ch. 116, § 20.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-21-09

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-21. Damaging Property or Public Services

§ 12.1-21-09. Tampering with, disabling, or falsely sounding a fire alarm--Tampering with or disabling fire suppression equipment

1. A person may not tamper with, disable, or falsely sound an alarm signifying a fire in a hotel, motel, roominghouse, lodginghouse, or other place of public abode or in any other public place so as to endanger person or property. A person does not violate this subsection if that person sounds an alarm and has a reasonable belief there is a fire endangering person or property.

2. A person may not tamper with or disable fire suppression equipment in a hotel, motel, roominghouse, lodginghouse, or other place of abode or in any other public place so as to endanger person or property.

3. A violation of this section is a class B misdemeanor.

CREDIT(S)

S.L. 2003, ch. 107, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-21.1-01

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-21.1. Animal Research Facility Damage

§ 12.1-21.1-01. Definitions

In this chapter, unless the context otherwise requires:

1. “Animal” means any living organism that is used in food, fur, or fiber production, agriculture, research, testing, or education. The term does not include a human being, plant, or bacteria.

2. “Animal facility” means any vehicle, building, structure, research facility, premises, or defined area where an animal is kept, handled, housed, exhibited, bred, or offered for sale.

3. “Deprive” means to:

a. Withhold an animal or other property from the owner permanently or for so extended a period of time that a major portion of the value or enjoyment of the animal or property is lost to the owner;

b. Restore the animal or property only upon payment of a reward or other compensation; or

c. Dispose of an animal or other property in a manner that makes recovery of the animal or property by the owner unlikely.

4. “Effective consent” includes consent by a person legally authorized to act for the owner. Consent is not effective if:

a. Induced by force or threat;

b. Given by a person the offender knows is not legally authorized to act for the owner; or

c. Given by a person who by reason of age, mental disease or defect, or influence of drugs or alcohol is known by the offender to be unable to make a reasonable decision.

5. “Owner” means a person who has title to the property, possession of the property, or a greater right to possession of the property than the actor.

6. “Possession” means actual care, custody, control, or management.

7. “Research facility” means any place at which any scientific test, experiment, or investigation involving the use of any living animal is carried out, conducted, or attempted.

CREDIT(S)

S.L. 1991, ch. 125, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-21.1-02

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-21.1. Animal Research Facility Damage

§ 12.1-21.1-02. Animal facility--Damage or destruction

No person without the effective consent of the owner may:

1. Intentionally damage or destroy an animal facility, an animal or property in or on the animal facility, or any enterprise conducted at the animal facility.

2. Acquire or otherwise exercise control over an animal facility or an animal or other property from an animal facility with the intent to deprive the owner and to damage the enterprise conducted at the facility.

3. Enter an animal facility, not then open to the public, with intent to commit an act prohibited by this section.

4. Enter an animal facility and remain concealed with intent to commit an act prohibited by this section.

5. Enter an animal facility and commit or attempt to commit an act prohibited by this section.

6. Enter an animal facility and use or attempt to use a camera, video recorder, or any other video or audio recording equipment.

7. Intentionally turn out or release any animal in or on an animal facility.

This section does not apply to lawful activities of a governmental agency carrying out its duties under law.

CREDIT(S)

S.L. 1991, ch. 125, § 2.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-21.1-03

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-21.1. Animal Research Facility Damage

§ 12.1-21.1-03. Entry forbidden--Notice

No person may without the effective consent of the owner, and with the intent to damage the enterprise conducted at the animal facility, enter or remain on an animal facility, if the person had notice that the entry was forbidden or received notice to depart but failed to do so. Notice includes communication by the owner or someone with apparent authority to act for the owner, fencing or other enclosures designed to exclude intruders or to contain animals, or a sign posted on the property or at the entrance to the animal facility indicating that entry is forbidden.

CREDIT(S)

S.L. 1991, ch. 125, § 3.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-21.1-04

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-21.1. Animal Research Facility Damage

§ 12.1-21.1-04. Penalty

A person who violates subsection 1 of section 12.1-21.1-02 is guilty of a class B felony if there is damage of ten thousand dollars or more, a class C felony if there is damage of at least five hundred dollars but less than ten thousand dollars, and a class A misdemeanor if there is damage of less than five hundred dollars. A person who violates subsections 2 through 5 or 7 of section 12.1-21.1-02 is guilty of a class C felony. A person who violates subsection 6 of section 12.1-21.1-02 is guilty of a class B misdemeanor.

CREDIT(S)

S.L. 1991, ch. 125, § 4.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-21.1-05

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-21.1. Animal Research Facility Damage

§ 12.1-21.1-05. Civil action

A person who has been damaged by reason of violation of this chapter may bring an action in the district court against the person causing the damage to recover an amount equal to three times all actual and consequential damages and court costs and reasonable attorney fees.

This chapter does not affect any other rights of a person who has been damaged by reason of violation of this chapter.

CREDIT(S)

S.L. 1991, ch. 125, § 5.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-22-01

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-22. Robbery--Breaking and Entering Offenses

§ 12.1-22-01. Robbery

1. A person is guilty of robbery if, in the course of committing a theft, he inflicts or attempts to inflict bodily injury upon another or threatens or menaces another with imminent bodily injury.

2. Robbery is a class A felony if the actor fires a firearm or explodes or hurls a destructive device or directs the force of any other dangerous weapon against another. Robbery is a class B felony if the robber possesses or pretends to possess a firearm, destructive device, or other dangerous weapon, or menaces another with serious bodily injury, or inflicts bodily injury upon another, or is aided by an accomplice actually present. Otherwise robbery is a class C felony.

3. In this section:

a. An act shall be deemed “in the course of committing a theft” if it occurs in an attempt to commit theft, whether or not the theft is successfully completed, or in immediate flight from the commission of, or an unsuccessful effort to commit, the theft.

b. “Dangerous weapon” means a weapon defined in subsection 6 of section 12.1-01-04 or a weapon the possession of which under the circumstances indicates an intent or readiness to inflict serious bodily injury.

CREDIT(S)

S.L. 1973, ch. 116, § 21.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-22-02

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-22. Robbery--Breaking and Entering Offenses

§ 12.1-22-02. Burglary

1. A person is guilty of burglary if he willfully enters or surreptitiously remains in a building or occupied structure, or a separately secured or occupied portion thereof, when at the time the premises are not open to the public and the actor is not licensed, invited, or otherwise privileged to enter or remain as the case may be, with intent to commit a crime therein.

2. Burglary is a class B felony if:

a. The offense is committed at night and is knowingly perpetrated in the dwelling of another; or

b. In effecting entry or while in the premises or in immediate flight therefrom, the actor inflicts or attempts to inflict bodily injury or physical restraint on another, or menaces another with imminent serious bodily injury, or is armed with a firearm, destructive device, or other weapon the possession of which under the circumstances indicates an intent or readiness to inflict serious bodily injury.

Otherwise burglary is a class C felony.

CREDIT(S)

S.L. 1973, ch. 116, § 21.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-22-03

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-22. Robbery--Breaking and Entering Offenses

§ 12.1-22-03. Criminal trespass

1. An individual is guilty of a class C felony if, knowing that that individual is not licensed or privileged to do so, the individual enters or remains in a dwelling or in highly secured premises.

2. An individual is guilty of a class A misdemeanor if, knowing that that individual is not licensed or privileged to do so, the individual:

a. Enters or remains in or on any building, occupied structure, or storage structure, or separately secured or occupied portion thereof; or

b. Enters or remains in any place so enclosed as manifestly to exclude intruders.

3. An individual is guilty of a class B misdemeanor if, knowing that that individual is not licensed or privileged to do so, the individual enters or remains in any place as to which notice against trespass is given by actual communication to the actor by the individual in charge of the premises or other authorized individual or by posting in a manner reasonably likely to come to the attention of intruders. The name of the person posting the premises must appear on each sign in legible characters. An individual who violates this subsection is guilty of a class A misdemeanor for the second or subsequent offense within a two-year period.

4. An individual is guilty of a class B misdemeanor if that individual remains upon the property of another after being requested to leave the property by a duly authorized individual. An individual who violates this subsection is guilty of a class A misdemeanor for the second or subsequent offense within a two-year period.

5. This section does not apply to a peace officer in the course of discharging the peace officer's official duties.

CREDIT(S)

S.L. 1973, ch. 116, § 21; S.L. 1989, ch. 165, § 1; S.L. 1991, ch. 126, § 1; S.L. 1991, ch. 127, § 1; S.L. 1997, ch. 121, § 2; S.L. 2007, ch. 127, § 1, eff. Aug. 1, 2007.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-22-03.1

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-22. Robbery--Breaking and Entering Offenses

§ 12.1-22-03.1. Repealed by S.L. 2001, ch. 134, § 11, eff. Aug. 1, 2001

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-22-04

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-22. Robbery--Breaking and Entering Offenses

§ 12.1-22-04. Unlawful entry into or concealment within a vehicle

1. A person is guilty of an offense if, knowing that the person is not licensed or privileged to do so, the person:

a. Forcibly enters a vehicle, vessel, or aircraft;

b. Enters a vehicle, vessel, or aircraft, without the use of force, with intent to commit a crime; or

c. Enters a vehicle, vessel, or aircraft lawfully, and with the intent to commit a crime, conceals oneself in the vehicle, vessel, or aircraft.

2. The offense is a class B felony if the actor is armed with a firearm, destructive device, or other weapon the possession of which under the circumstances indicates an intent or readiness to inflict serious bodily injury. Otherwise the offense is a class C felony.

CREDIT(S)

S.L. 1973, ch. 116, § 21; S.L. 1995, ch. 130, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-22-05

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-22. Robbery--Breaking and Entering Offenses

§ 12.1-22-05. Stowing away

A person is guilty of a class A misdemeanor if, knowing that he is not licensed or privileged to do so, he surreptitiously remains aboard a vehicle, train, vessel, or aircraft with intent to obtain transportation.

CREDIT(S)

S.L. 1973, ch. 116, § 21; S.L. 1975, ch. 116, § 17.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-22-06

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-22. Robbery--Breaking and Entering Offenses

§ 12.1-22-06. Definitions

In sections 12.1-22-02 to 12.1-22-06:

1. “Dwelling” has the meaning prescribed in subsection 2 of section 12.1-05-12.

2. “Highly secured premises” means any place which is continuously guarded and where display of visible identification is required of persons while they are on the premises.

3. “Night” means the period between thirty minutes past sunset and thirty minutes before sunrise.

4. “Occupied structure” means a structure or vehicle:

a. Where any person lives or carries on business or other calling; or

b. Which is used for overnight accommodation of persons.

c. Any such structure or vehicle is deemed to be “occupied” regardless of whether a person is actually present.

5. “Storage structure” means any structure, truck, railway car, or aircraft which is used primarily for the storage or transportation of property.

CREDIT(S)

S.L. 1973, ch. 116, § 21.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-23-01

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-23. Theft and Related Offenses

§ 12.1-23-01. Consolidation of theft offenses

1. Conduct denominated theft in sections 12.1-23-02 to 12.1-23-04 constitutes a single offense designed to include the separate offenses heretofore known as larceny, stealing, purloining, embezzlement, obtaining money or property by false pretenses, extortion, blackmail, fraudulent conversion, receiving stolen property, misappropriation of public funds, swindling, and the like.

2. An indictment, information, or complaint charging theft under sections 12.1-23-02 to 12.1-23-04 which fairly apprises the defendant of the nature of the charges against him shall not be deemed insufficient because it fails to specify a particular category of theft. The defendant may be found guilty of theft under such an indictment, information, or complaint if his conduct falls under sections 12.1-23-02 to 12.1-23-04, so long as the conduct proved is sufficiently related to the conduct charged that the accused is not unfairly surprised by the case he must meet.

CREDIT(S)

S.L. 1973, ch. 116, § 22.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-23-02

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-23. Theft and Related Offenses

§ 12.1-23-02. Theft of property

A person is guilty of theft if he:

1. Knowingly takes or exercises unauthorized control over, or makes an unauthorized transfer of an interest in, the property of another with intent to deprive the owner thereof;

2. Knowingly obtains the property of another by deception or by threat with intent to deprive the owner thereof, or intentionally deprives another of his property by deception or by threat; or

3. Knowingly receives, retains, or disposes of property of another which has been stolen, with intent to deprive the owner thereof.

CREDIT(S)

S.L. 1973, ch. 116, § 22.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-23-02.1

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-23. Theft and Related Offenses

§ 12.1-23-02.1. Disarming or attempting to disarm a law enforcement officer

Notwithstanding subdivision d of subsection 2 of section 12.1-23-05, a person is guilty of a class C felony if, without the consent of the law enforcement officer, the person willfully takes or removes, or attempts to take or remove, a firearm from a law enforcement officer engaged in the performance of official duties.

CREDIT(S)

S.L. 1997, ch. 129, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-23-03

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-23. Theft and Related Offenses

§ 12.1-23-03. Theft of services

A person is guilty of theft if:

1. He intentionally obtains services, known by him to be available only for compensation, by deception, threat, false token, or other means to avoid payment for the services; or

2. Having control over the disposition of services of another to which he is not entitled, he knowingly diverts those services to his own benefit or to the benefit of another not entitled thereto.

Where compensation for services is ordinarily paid immediately upon their rendition, as in the case of hotels, restaurants, and comparable establishments, absconding without payment or making provision to pay is prima facie evidence that the services were obtained by deception.

CREDIT(S)

S.L. 1973, ch. 116, § 22.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-23-04

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-23. Theft and Related Offenses

§ 12.1-23-04. Theft of property lost, mislaid, or delivered by mistake

A person is guilty of theft if he:

1. Retains or disposes of property of another when he knows it has been lost or mislaid; or

2. Retains or disposes of property of another when he knows it has been delivered under a mistake as to the identity of the recipient or as to the nature or amount of the property,

and with intent to deprive the owner of it, he fails to take readily available and reasonable measures to restore the property to a person entitled to have it.

CREDIT(S)

S.L. 1973, ch. 116, § 22.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-23-05

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-23. Theft and Related Offenses

§ 12.1-23-05. Grading of theft offenses

1. Notwithstanding the provisions of subsection 2, theft under this chapter is a class B felony if the property or services stolen exceed ten thousand dollars in value or are acquired or retained by a threat to commit a class A or class B felony or to inflict serious bodily injury on the person threatened or on any other person.

2. Theft under this chapter is a class C felony if:

a. The property or services stolen exceed five hundred dollars in value;

b. The property or services stolen are acquired or retained by threat and (1) are acquired or retained by a public servant by a threat to take or withhold official action, or (2) exceed fifty dollars in value;

c. The property or services stolen exceed fifty dollars in value and are acquired or retained by a public servant in the course of official duties;

d. The property stolen is a firearm, ammunition, explosive or destructive device, or an automobile, aircraft, or other motor-propelled vehicle;

e. The property consists of any government file, record, document, or other government paper stolen from any government office or from any public servant;

f. The defendant is in the business of buying or selling stolen property and the defendant receives, retains, or disposes of the property in the course of that business;

g. The property stolen consists of any implement, paper, or other thing uniquely associated with the preparation of any money, stamp, bond, or other document, instrument, or obligation of this state;

h. The property stolen consists of livestock taken from the premises of the owner;

i. The property stolen consists of a key or other implement uniquely suited to provide access to property the theft of which would be a felony and it was stolen to gain such access;

j. The property stolen is a card, plate, or other credit device existing for the purpose of obtaining money, property, labor, or services on credit, or is a debit card, electronic fund transfer card, code, or other means of access to an account for the purposes of initiating electronic fund transfers; or

k. The property stolen is a prescription drug as defined in section 43-15.3-01.

3. All other theft under this chapter is a class A misdemeanor, unless the requirements of subsection 4 are met.

4. Theft under this chapter of property or services of a value not exceeding two hundred fifty dollars shall be a class B misdemeanor if:

a. The theft was not committed by threat;

b. The theft was not committed by deception by one who stood in a confidential or fiduciary relationship to the victim of the theft; and

c. The defendant was not a public servant or an officer or employee of a financial institution who committed the theft in the course of official duties.

The special classification provided in this subsection shall apply if the offense is classified under this subsection in the charge or if, at sentencing, the required factors are established by a preponderance of the evidence.

5. Notwithstanding the provisions of subsection 3 of section 12.1-06-01, an attempt to commit a theft under this chapter is punishable equally with the completed offense when the actor has completed all of the conduct which the actor believes necessary on the actor’s part to complete the theft except receipt of the property.

6. For purposes of grading, the amount involved in a theft under this chapter shall be the highest value by any reasonable standard, regardless of the actor's knowledge of such value, of the property or services which were stolen by the actor, or which the actor believed that the actor was stealing, or which the actor could reasonably have anticipated to have been the property or services involved. Thefts committed pursuant to one scheme or course of conduct, whether from the same person or several persons, may be charged as one offense and the amounts proved to have been stolen may be aggregated in determining the grade of the offense.

CREDIT(S)

S.L. 1973, ch. 116, § 22; S.L. 1975, ch. 116, § 18; S.L. 1981, ch. 156, § 1; S.L. 1989, ch. 166, § 1; S.L. 1995, ch. 131, § 1; S.L. 2011, ch. 98, § 1, eff. April 26, 2011.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-23-06

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-23. Theft and Related Offenses

§ 12.1-23-06. Unauthorized use of a vehicle

1. A person is guilty of an offense if, knowing that he does not have the consent of the owner, he takes, operates, or exercises control over an automobile, train, aircraft, motorcycle, motorboat, or other motor-propelled vehicle of another.

2. It is a defense to a prosecution under this section that the actor reasonably believed that the owner would have consented had he known of the conduct on which the prosecution was based.

3. The offense is a class C felony if the vehicle is an aircraft or if the value of the use of the vehicle and the cost of retrieval and restoration exceeds five hundred dollars. Otherwise the offense is a class A misdemeanor.

CREDIT(S)

S.L. 1973, ch. 116, § 22; S.L. 1975, ch. 116, § 19.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-23-07

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-23. Theft and Related Offenses

§ 12.1-23-07. Misapplication of entrusted property

1. A person is guilty of misapplication of entrusted property if the person disposes of, uses, or transfers any interest in property that has been entrusted to the person as a fiduciary, or in the person's capacity as a public servant or an officer, director, agent, employee of, or a person controlling a financial institution, in a manner that the person knows is not authorized and that the person knows to involve a risk of loss or detriment to the owner of the property or to the government or other person for whose benefit the property was entrusted.

2. Misapplication of entrusted property is:

a. A class B felony if the value of the property misapplied exceeds ten thousand dollars.

b. A class C felony if the value of the property misapplied exceeds five hundred dollars but does not exceed ten thousand dollars.

c. A class A misdemeanor if the value of the property misapplied exceeds two hundred fifty dollars but does not exceed five hundred dollars.

d. A class B misdemeanor in all other cases.

CREDIT(S)

S.L. 1973, ch. 116, § 22; S.L. 1989, ch. 167, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-23-08

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-23. Theft and Related Offenses

§ 12.1-23-08. Defrauding secured creditors

1. An owner of property who creates a security interest in such property may not intentionally alter, conceal, destroy, damage, encumber, transfer, remove, or otherwise deal with property that is subject to the security interest without the prior consent of the secured party if that action has the effect of hindering the enforcement of the security interest.

2. A person may not destroy, remove, damage, conceal, encumber, transfer, or otherwise deal with property that is subject to a security interest with the intent to prevent collection of the debt represented by the security interest.

3. A person may not, at the time of sale of property that is subject to a security interest, or is described in a certificate provided for under section 41-09-28, make false statements as to the existence of security interests in the property, or as to the ownership or location of the property.

4. A violation of subsection 2 or 3 must be prosecuted as theft under section 12.1-23-02 or 12.1-23-04. Violation of subsection 2 or 3 is a class C felony if the property has a value of more than five hundred dollars, as determined under subsection 6 of section 12.1-23-05. In all other cases, violation of this section is a class A misdemeanor.

CREDIT(S)

S.L. 1973, ch. 116, § 22; S.L. 1983, ch. 168, § 1; S.L. 1985, ch. 179, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-23-08.1

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-23. Theft and Related Offenses

§ 12.1-23-08.1. Removal of identification marks

1. A person commits the offense of removal of identification marks if he, with intent to cause interruption of the ownership of another, defaces, erases, or otherwise alters any serial number or identification mark placed or inscribed on any personal property by the manufacturer or owner for the purpose of identifying the personal property or its component parts, provided the personal property exceeds one hundred dollars in value. A person removes identification marks if he attempts to or succeeds in erasing, defacing, altering, or removing a serial number or identification mark or part thereof, on the personal property of another, that exceeds one hundred dollars in value.

2. A person who commits the offense of removal of identification marks on property or its component parts which exceeds one hundred dollars in value is guilty of a class A misdemeanor.

CREDIT(S)

S.L. 1977, ch. 125, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-23-08.2

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-23. Theft and Related Offenses

§ 12.1-23-08.2. Possession of altered property

1. A person is guilty of the offense of possession of altered property if he possesses property the identifying features of which, including serial numbers or labels, have been removed or in any fashion altered, knowing the serial number or identification mark placed on the same by the manufacturer or owner for the purpose of identification, has been erased, altered, changed, or removed for the purpose of changing the identity of such personal property.

2. A person who commits the offense of possession of altered property or its component parts which exceed one hundred dollars in value, shall be guilty of a class A misdemeanor. In the event that more than one item of personal property is defaced, erased, or otherwise altered or unlawfully possessed, as specified in sections 12.1-23-08.2 and 12.1-23-08.3, by an individual, then an offense is determined to be committed under this section if the aggregate of the value of the property so defaced, erased, or otherwise altered or unlawfully possessed is in excess of one hundred dollars.

CREDIT(S)

S.L. 1977, ch. 125, § 2.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-23-08.3

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-23. Theft and Related Offenses

§ 12.1-23-08.3. Dealing in stolen property

1. A person is guilty of the offense of dealing in stolen property if he:

a. Traffics in, or endeavors to traffic in, the property of another that has been stolen; or

b. Initiates, organizes, plans, finances, directs, manages, or supervises the theft and trafficking in the property of another that has been stolen.

2. A person who commits the offense of dealing in stolen property in violation of:

a. Subdivision a of subsection 1 shall be guilty of a class C felony; or

b. Subdivision b of subsection 1 shall be guilty of a class B felony.

CREDIT(S)

S.L. 1977, ch. 125, § 3.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-23-08.4

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-23. Theft and Related Offenses

§ 12.1-23-08.4. Duplication of keys

1. Except as provided in subsection 2, no person shall duplicate or make a key from another key marked with the words “Do Not Duplicate”, “Do Not Copy”, or words of similar intent.

2. It shall be an affirmative defense to prosecution under subsection 1 that:

a. The person made or duplicated the key for his employer, solely for use within the employer's place of business.

b. The person for whom the key was made or duplicated owns the lock which the key fits.

3. Any person who violates any provision of this section is guilty of a class B misdemeanor.

CREDIT(S)

S.L. 1979, ch. 181, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-23-09

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-23. Theft and Related Offenses

§ 12.1-23-09. Defenses and proof as to theft and related offenses

1. It is a defense to a prosecution under this chapter that:

a. The actor honestly believed that he had a claim to the property or services involved which he was entitled to assert in the manner which forms the basis for the charge against him; or

b. The victim is the actor's spouse, but only when the property involved constitutes household or personal effects or other property normally accessible to both spouses and the parties involved are living together. The term “spouse”, as used in this section, includes persons living together as husband and wife.

2. It does not constitute a defense to a prosecution for conduct constituting an offense in violation of this chapter that:

a. Stratagem or deception, including the use of an undercover operative or law enforcement officer, was employed;

b. A facility or an opportunity to engage in such conduct, including offering for sale property not stolen as if it were stolen, was provided; or

c. Mere solicitation that would not induce an ordinary law-abiding person to engage in such conduct was made by a law enforcement officer to gain evidence against a person predisposed to engage in such conduct.

3. a. It is a prima facie case of theft under this chapter if it is shown that a public servant or an officer, director, agent, employee of, or a person connected in any capacity with a financial institution has failed to pay or account upon lawful demand for money or property entrusted to him as part of his official duties or if an audit reveals a shortage or falsification of his accounts.

b. It is a prima facie case of theft under this chapter if it is shown that a person, having successfully bid on and obtained an item at an auction, removed the item from the auction premises without paying or making provisions to pay for the item.

c. Proof of the purchase or sale of stolen property at a price substantially below its fair market value, unless satisfactorily explained, gives rise to an inference that the person buying or selling the property was aware of the risk that it had been stolen.

d. Proof of the purchase or sale of stolen property by a dealer in property, out of the regular course of business, or without the usual indicia of ownership other than mere possession, unless satisfactorily explained, gives rise to an inference that the person buying or selling the property was aware of the risk that it had been stolen.

4. The testimony of an accomplice, if believed beyond a reasonable doubt, is sufficient for a conviction for conduct constituting an offense in violation of sections 12.1-23-08.1 through 12.1-23-08.3 when:

a. Stratagem or deception, including the use of an undercover operative or law enforcement officer, was employed;

b. A facility or an opportunity to engage in such conduct including offering for sale property not stolen as if it were stolen, was provided; or

CREDIT(S)

S.L. 1973, ch. 116, § 22; S.L. 1975, ch. 116, § 20; S.L. 1977, ch. 125, § 4; S.L. 1989, ch. 168, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-23-10

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-23. Theft and Related Offenses

§ 12.1-23-10. Definitions for theft and related offenses

In this chapter:

1. “Dealer in property” means a person who buys or sells property as a business.

2. “Deception” means:

a. Creating or reinforcing a false impression as to fact, law, status, value, intention, or other state of mind; or obtaining or attempting to obtain public assistance by concealing a material fact, making a false statement or representation, impersonating another, concealing the transfer of property without adequate consideration, or using any other fraudulent method; but deception as to a person's intention to perform a promise may not be inferred from the fact alone that the person did not substantially perform the promise unless it is part of a continuing scheme to defraud;

b. Preventing another from acquiring information which would affect his judgment of a transaction;

c. Failing to correct a false impression which the actor previously created or reinforced, or which he knows to be influencing another to whom he stands in a fiduciary or confidential relationship;

d. Failing to correct an impression which the actor previously created or reinforced and which the actor knows to have become false due to subsequent events;

e. Failing to disclose a lien, adverse claim, or other impediment to the enjoyment of property which he transfers or encumbers in consideration for the property obtained or in order to continue to deprive another of his property, whether such impediment is or is not valid, or is or is not a matter of official record;

f. Using a credit card, charge plate, or any other instrument which purports to evidence an undertaking to pay for property or services delivered or rendered to or upon the order of a designated person or bearer (1) where such instrument has been stolen, forged, revoked, or canceled, or where for any other reason its use by the actor is unauthorized, and (2) where the actor does not have the intention and ability to meet all obligations to the issuer arising out of his use of the instrument; or

g. Any other scheme to defraud. The term “deception” does not, however, include falsifications as to matters having no pecuniary significance, or puffing by statements unlikely to deceive ordinary persons in the group addressed. “Puffing” means an exaggerated commendation of wares in communications addressed to the public or to a class or group.

3. “Deprive” means:

a. To withhold property or to cause it to be withheld either permanently or under such circumstances that a major portion of its economic value, or its use and benefit, has, in fact, been appropriated;

b. To withhold property or to cause it to be withheld with the intent to restore it only upon the payment of a reward or other compensation; or

c. To dispose of property or use it or transfer any interest in it under circumstances that make its restoration, in fact, unlikely.

4. “Fiduciary” means a trustee, guardian, executor, administrator, receiver, or any other person acting in a fiduciary capacity, or any person carrying on fiduciary functions on behalf of a corporation, limited liability company, or other organization which is a fiduciary.

5. “Financial institution” means a bank, insurance company, credit union, safety deposit company, savings and loan association, investment trust, or other organization held out to the public as a place of deposit of funds or medium of savings or collective investment.

6. “Obtain” means:

a. In relation to property, to bring about a transfer or purported transfer of an interest in the property, whether to the actor or another.

b. In relation to services, to secure performance thereof.

7. “Property” means any money, tangible or intangible personal property, property (whether real or personal) the location of which can be changed (including things growing on, affixed to, or found in land and documents although the rights represented thereby have no physical location), contract right, chose-in-action, interest in or claim to wealth, credit, or any other article or thing of value of any kind. “Property” also means real property the location of which cannot be moved if the offense involves transfer or attempted transfer of an interest in the property.

8. “Property of another” means property in which a person other than the actor or in which a government has an interest which the actor is not privileged to infringe without consent, regardless of the fact that the actor also has an interest in the property and regardless of the fact that the other person or government might be precluded from civil recovery because the property was used in an unlawful transaction or was subject to forfeiture as contraband. Property in possession of the actor shall not be deemed property of another who has a security interest therein, even if legal title is in the creditor pursuant to a conditional sales contract or other security agreement. “Owner” means any person or a government with an interest in property such that it is “property of another” as far as the actor is concerned.

9. “Receiving” means acquiring possession, control, or title, or lending on the security of the property.

10. “Services” means labor, professional service, transportation, telephone, mail or other public service, gas, electricity and other public utility services, accommodations in hotels, restaurants, or elsewhere, admission to exhibitions, and use of vehicles or other property.

11. “Stolen” means property which has been the subject of theft or robbery or a vehicle which is received from a person who is then in violation of section 12.1-23-06.

12. “Threat” means an expressed purpose, however communicated, to:

a. Cause bodily injury in the future to the person threatened or to any other person;

b. Cause damage to property;

c. Subject the person threatened or any other person to physical confinement or restraint;

d. Engage in other conduct constituting a crime;

e. Accuse anyone of a crime;

f. Expose a secret or publicize an asserted fact, whether true or false, tending to subject a person living or deceased, to hatred, contempt, or ridicule or to impair another's credit or business repute;

g. Reveal any information sought to be concealed by the person threatened;

h. Testify or provide information or withhold testimony or information with respect to another's legal claim or defense;

i. Take or withhold official action as a public servant, or cause a public servant to take or withhold official action;

j. Bring about or continue a strike, boycott, or other similar collective action to obtain property or deprive another of his property which is not demanded or received for the benefit of the group which the actor purports to represent;

k. Cause anyone to be dismissed from his employment, unless the property is demanded or obtained for lawful union purposes; or

l. Do any other act which would not in itself substantially benefit the actor or a group he represents but which is calculated to harm another person in a substantial manner with respect to his health, safety, business, employment, calling, career, financial condition, reputation, or personal relationship.

Upon a charge of theft, the receipt of property in consideration for taking or withholding official action shall be deemed to be theft by threat regardless of whether the owner voluntarily parted with his property or himself initiated the scheme.

13. “Traffic” means:

a. To sell, transfer, distribute, dispense, or otherwise dispose of to another person; or

b. To buy, receive, possess, or obtain control of, with intent to sell, transfer, distribute, dispense, or otherwise dispose of to another person.

CREDIT(S)

S.L. 1973, ch. 116, § 22; S.L. 1977, ch. 125, § 5; S.L. 1993, ch. 54, § 106; S.L. 1993, ch. 123, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-23-11

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-23. Theft and Related Offenses

§ 12.1-23-11. Unauthorized use of personal identifying information--Penalty

1. As used in this section, “personal identifying information” means any of the following information:

a. An individual's name;

b. An individual's address;

c. An individual's telephone number;

d. The distinguishing operator's license number assigned to an individual by the department of transportation under section 39-06-14;

e. An individual's social security number;

f. An individual's employer or place of employment;

g. An identification number assigned to the individual by the individual's employer;

h. The maiden name of the individual's mother;

i. The identifying number of a depository account in a financial institution; or

j. An individual's birth, death, or marriage certificate.

2. A person is guilty of an offense if the person uses or attempts to use any personal identifying information of an individual, living or deceased, to obtain credit, money, goods, services, or anything else of value without the authorization or consent of the individual and by representing that person is the individual or is acting with the authorization or consent of the individual. The offense is a class B felony if the credit, money, goods, services, or anything else of value exceeds one thousand dollars in value, otherwise the offense is a class C felony. A second or subsequent offense is a class A felony.

3. A violation of this section, of a law of another state, or of federal law that is equivalent to this section and which resulted in a plea or finding of guilt must be considered a prior offense. The prior offense must be alleged in the complaint, information, or indictment. The plea or finding of guilt for the prior offense must have occurred before the date of the commission of the offense or offenses charged in the complaint, information, or indictment.

4. A prosecution for a violation of this section must be commenced within six years after discovery by the victim of the offense of the facts constituting the violation.

5. When a person commits violations of this section in more than one county involving either one or more victims or the commission of acts constituting an element of the offense, the multiple offenses may be consolidated for commencement of prosecution in any county where one of the offenses was committed.

CREDIT(S)

S.L. 1999, ch. 128, § 1; S.L. 2005, ch. 116, § 1; S.L. 2005, ch. 447, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-23-12

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-23. Theft and Related Offenses

§ 12.1-23-12. Jurisdiction--Conduct outside this state

Notwithstanding section 29-03-01.1, a person who, while outside this state and by use of deception, obtains, deprives, or conspires, solicits, or attempts to obtain the property of a person within this state or to deprive the person of property is subject to prosecution under this chapter in the courts of this state. Except as provided in section 12.1-23-11, the venue is in the county in which the victim resides or any other county in which any part of the crime occurred.

CREDIT(S)

S.L. 1999, ch. 129, § 1; S.L. 2005, ch. 116, § 2; S.L. 2005, ch. 447, § 2.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-23-13

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-23. Theft and Related Offenses

§ 12.1-23-13. Distribution and use of theft detection shielding devices

1. A person is guilty of unlawful distribution of a theft detection shielding device if the person knowingly manufactures, sells, offers for sale, or distributes any laminated or coated bag or device peculiar to shielding and intended to shield merchandise from detection by an electronic or magnetic theft alarm sensor.

2. A person is guilty of unlawful possession of a theft detection shielding device if the person knowingly possesses any laminated or coated bag or device peculiar to and designed for shielding and intended to shield merchandise from detection by an electronic or magnetic theft alarm sensor, with the intent to commit theft.

3. A person is guilty of unlawful possession of a theft detection device deactivator or remover if the person knowingly possesses any tool or device designed to allow the deactivation or removal of any theft detection device from any merchandise without the permission of the merchant or person owning or holding the merchandise.

4. A person is guilty of unlawful deactivation or removal of a theft detection device if the person intentionally deactivates or removes the device from a product before purchase.

5. A person is guilty of unlawful distribution of a theft detection device deactivator or remover if the person knowingly manufactures, sells, offers for sale, or distributes any tool or device designed to allow the deactivation or removal of a theft detection device from merchandise without the permission of the merchant or person owning or holding the merchandise.

6. An offense under subsections 1 and 5 is a class C felony. An offense under subsections 2, 3, and 4 is a class A misdemeanor.

CREDIT(S)

S.L. 2003, ch. 108, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-23-14

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-23. Theft and Related Offenses

§ 12.1-23-14. Detention of persons suspected of unlawful use or removal of theft detection devices--Reasonable cause

1. The activation of an antishoplifting or inventory control device as a result of a person exiting the establishment or a protected area within the establishment constitutes reasonable cause for the detention of the person exiting by the owner or operator of the establishment or by an agent or employee of the owner or operator, provided sufficient notice has been posted to advise the patrons that the device is being utilized. Each detention must be made in a reasonable manner and only for a reasonable period of time sufficient for any inquiry into the circumstances surrounding the activation of the device or for the recovery of goods.

2. If the taking into custody and detention of the person by a law enforcement officer, security officer, merchant, or merchant's employee is done in compliance with the requirements of this section, the law enforcement officer, security officer, merchant, or merchant's employee may not be held criminally or civilly liable, including any liability for false arrest, false imprisonment, unlawful detention, malicious prosecution, intentional infliction of emotional distress, or defamation.

CREDIT(S)

S.L. 2003, ch. 108, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-23-15

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-23. Theft and Related Offenses

§ 12.1-23-15. Purchase of beer kegs--Penalty

A recycler, scrap metal dealer, or scrapyard operator may not purchase a metal beer keg, whether damaged or undamaged, except from the brewer or the brewer's authorized representative, if:

1. The keg is clearly marked as the property of a brewery manufacturer; or

2. The keg's identification markings have been made illegible.

A person who willfully violates this section is guilty of a class B misdemeanor.

CREDIT(S)

S.L. 2009, ch. 132, § 1, eff. Aug. 1, 2009.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-23.1-01

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-23.1. Theft of Cable Television

§ 12.1-23.1-01. Theft of cable television services--Penalty

A person is guilty of a class B misdemeanor if the person:

1. Knowingly obtains or attempts to obtain cable television service from another by any means, artifice, trick, deception, or device without the payment to the cable television operator of all lawful compensation for each type of service obtained;

2. Knowingly assists or instructs any other person in obtaining or attempting to obtain any cable television service without the payment to the cable television operator of all lawful compensation for each type of service obtained or attempted to be obtained;

3. Knowingly tampers, diverts from, or connects to by any means, whether mechanical, electrical, acoustical or other means, any cables, wires, or other devices used for the distribution of cable television without authority from the cable television operator; or

4. Knowingly manufactures, imports into this state, distributes, sells, offers for sale or rental, possesses for sale, or advertises for sale, any device, plan or kit for a device, or printed circuit, designed to unlock, decode, descramble, or otherwise make intelligible any locked, encoded, scrambled, or other nonstandard signal carried by the cable television system, thereby facilitating the doing of any acts specified in subsections 1, 2, and 3.

CREDIT(S)

S.L. 1985, ch. 180, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-23.1-02

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-23.1. Theft of Cable Television

§ 12.1-23.1-02. Civil penalties for theft of cable television services

1. Any person who violates subsection 1, 2, or 3 of section 12.1-23.1-01 is liable to the franchised or otherwise duly licensed cable television system for the greater of one thousand dollars or three times the amount of actual damages, if any, sustained by the system, plus reasonable attorney fees.

2. Any person who violates subsection 4 of section 12.1-23.1-01 is liable to the franchised or otherwise duly licensed cable television system for the greater of ten thousand dollars or three times the amount of actual damages, if any, sustained by the plaintiff, plus reasonable attorney fees. A second or subsequent conviction is punishable by the greater of twenty thousand dollars or three times the amount of actual damages, if any, plus reasonable attorney fees.

CREDIT(S)

S.L. 1985, ch. 180, § 2.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-23.1-03

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-23.1. Theft of Cable Television

§ 12.1-23.1-03. Theft of cable television services--Action--Injunction--Property forfeiture

1. Any franchised or otherwise duly licensed cable television system may bring an action to enjoin and restrain violation of section 12.1-23.1-01 or an action for conversion, or both, and may in the same action seek damages as provided for in section 12.1-23.1-02.

2. Any communications paraphernalia prohibited under section 12.1-23.1-01 may be seized and, upon conviction, is forfeited to the jurisdiction where the arrest was made. The paraphernalia may be, pursuant to court order, sold or destroyed.

3. It is not a necessary prerequisite to an action pursuant to section 12.1-23.1-02 that the plaintiff has suffered, or is threatened with, actual damages.

CREDIT(S)

S.L. 1985, ch. 180, § 3.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-23.1-04

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-23.1. Theft of Cable Television

§ 12.1-23.1-04. Amateur radio communications--Exemption

This chapter shall not be construed to prevent the manufacture, importation, distribution, sale, offer for sale or rental, possession for sale, or advertisement for sale, any device, plan or kit for a device, or printed circuit, used by federally-licensed amateur radio (ham) operators for amateur radio communications as permitted under 47 CFR 91.7 et seq.

CREDIT(S)

S.L. 1985, ch. 180, § 4.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-24-01

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-24. Forgery and Counterfeiting

§ 12.1-24-01. Forgery or counterfeiting

1. A person is guilty of forgery or counterfeiting if, with intent to deceive or harm the government or another person, or with knowledge that he is facilitating such deception or harm by another person, he:

a. Knowingly and falsely makes, completes, or alters any writing; or

b. Knowingly utters or possesses a forged or counterfeited writing.

2. Forgery or counterfeiting is:

a. A class B felony if:

(1) The actor forges or counterfeits an obligation or other security of the government; or

(2) The offense is committed pursuant to a scheme to defraud another or others of money or property of a value in excess of ten thousand dollars.

b. A class C felony if:

(1) The actor is a public servant or an officer or employee of a financial institution and the offense is committed under color of office or is made possible by his office;

(2) The actor forges or counterfeits foreign money or other legal tender, or utters or possesses any forged or counterfeited obligation or security of the government or foreign money or legal tender;

(3) The actor forges or counterfeits any writing from plates, dies, molds, photographs, or other similar instruments designed for multiple reproduction;

(4) The actor forges or counterfeits a writing which purports to have been made by the government; or

(5) The offense is committed pursuant to a scheme to defraud another or others of money or property of a value in excess of one hundred dollars.

c. A class A misdemeanor in all other cases.

CREDIT(S)

S.L. 1973, ch. 116, § 23.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-24-02

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-24. Forgery and Counterfeiting

§ 12.1-24-02. Facilitation of counterfeiting

1. A person is guilty of an offense if, except as authorized by statute or by regulation, he knowingly makes, executes, sells, buys, imports, possesses, or otherwise has within his control any plate, stone, paper, tool, die, mold, or other implement or thing uniquely associated with or fitted for the preparation of any forged or counterfeited security or tax stamp or any writing which purports to be made by this government or any foreign government.

2. A person is guilty of an offense if, except as authorized by statute or by regulation, he:

a. Knowingly photographs or otherwise makes a copy of:

(1) Money or other obligation or security of this government or of any foreign government, or any part thereof;

(2) Any plate, stone, tool, die, mold, or other implement or thing uniquely associated with or fitted for the preparation of any writing described in subsection 1; or

b. Knowingly sells, buys, imports, possesses, or otherwise has within his control any photograph or copy the making of which is prohibited by subdivision a.

3. In a prosecution under this section, authorization by statute or by regulation is a defense.

4. An offense defined in this section is a class B felony if the implement or the impression relates to the forging or counterfeiting of an obligation or security of the government. Otherwise it is a class C felony.

CREDIT(S)

S.L. 1973, ch. 116, § 23.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-24-03

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-24. Forgery and Counterfeiting

§ 12.1-24-03. Deceptive writings

1. A person is guilty of an offense if, with intent to deceive or harm the government or another person, or with knowledge that he is facilitating such a deception or harm by another person, he knowingly issues a writing without authority to issue it or knowingly utters or possesses a deceptive writing.

2. The offense is a class B felony if it is committed pursuant to a scheme to defraud another or others of money or property of a value in excess of ten thousand dollars. The offense is a class C felony if:

a. The actor is a public servant or an officer or employee of a financial institution and the offense is committed under color of office or is made possible by his office; or

b. The offense is committed pursuant to a scheme to defraud another or others of money or property of a value in excess of one hundred dollars.

Otherwise it is a class A misdemeanor.

CREDIT(S)

S.L. 1973, ch. 116, § 23.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-24-04

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-24. Forgery and Counterfeiting

§ 12.1-24-04. Definitions

In this chapter:

1. The definitions prescribed in section 12.1-23-10 apply.

2. A “deceptive writing” is a writing which has been:

a. Procured by deception; or

b. Issued without authority.

3. “Falsely alters” means to make a change in a writing, without authority, such that the writing appears to have been made by, or fully authorized by, its apparent maker.

4. “Falsely completes” means to make an addition to or an insertion in a writing, without authority, such that the writing appears to have been made by, or fully authorized by, its apparent maker.

5. “Falsely makes” means to make a writing which purports to be made by the government or another person, or a copy thereof, but which is not because the apparent maker is fictitious or because the writing was made without authority.

6. To “forge” or to “counterfeit” a writing means to falsely make, complete, or alter the writing, and a “forged” or “counterfeited” writing is a writing which has been falsely made, completed, or altered. The terms “forgery” and “counterfeiting” and their variants are intended to be synonymous in legal effect.

7. The term “obligation or other security of this state” means a bond, certificate of indebtedness, coupon, fractional note, certificate of deposit, a stamp, or other representative of value of whatever denomination, issued pursuant to a statute.

8. “Possess” means to receive, conceal, or otherwise exercise control over.

9. “Security” other than as provided in subsection 10 includes any note, stock certificate, bond, debenture, check, draft, warrant, traveler's check, letter of credit, warehouse receipt, negotiable bill of lading, evidence of indebtedness, certificate of interest or participation in any profit-sharing agreement, collateral-trust certificate, preorganization certificate or subscription, transferable share, investment contract, voting-trust certificate, certificate of interest in tangible or intangible property, instrument or document or writing evidencing ownership of goods, wares, and merchandise, or transferring or assigning any right, title, or interest in or to goods, wares, and merchandise, uncanceled stamp issued by a foreign government (whether or not demonetized); or, in general, any instrument commonly known as a “security”, or any certificate of interest or participation in, temporary or interim certificate for, receipt for, warrant, or right to subscribe to or purchase any of the foregoing.

10. “Tax stamp” includes any tax stamp, tax token, tax meter imprint, or any other form of evidence of an obligation running to a state, or evidence of the discharge thereof.

11. “Utter” means to issue, authenticate, transfer, publish, sell, transmit, present, use, or otherwise give currency.

12. “Without authority” includes conduct that, on the specific occasion called into question, is beyond any general authority given by statute, regulation, or agreement.

13. “Writing” means:

a. Any paper, document, or other instrument containing written or printed matter or its equivalent, including money, a money order, bond, public record, affidavit, certificate, contract, security, or obligation.

b. Any coin or any gold or silver bar coined or stamped at a mint or assay office or any signature, certification, credit card, token, stamp, seal, badge, decoration, medal, trademark, or other symbol or evidence of value, right, privilege, or identification which is capable of being used to the advantage or disadvantage of the government or any person.

CREDIT(S)

S.L. 1973, ch. 116, § 23.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-24-05

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-24. Forgery and Counterfeiting

§ 12.1-24-05. Making or uttering slugs

1. A person is guilty of an offense if he makes or utters a slug with intent to deprive a supplier of property or service sold or offered by means of a coin machine or with knowledge that he is facilitating such a deprivation by another person.

2. The offense is a class A misdemeanor if it involves slugs which exceed fifty dollars in value. Otherwise it is a class B misdemeanor.

3. In this section:

a. “Slug” means a metal, paper, or other object which by virtue of its size, shape, or any other quality is capable of being inserted, deposited, or otherwise used in a coin machine as an improper but effective substitute for a genuine coin, bill, or token.

b. “Coin machine” means a coin box, turnstile, vending machine, or other mechanical or electronic device or receptacle designed:

(1) To receive a coin or bill of a certain denomination or a token made for the purpose; and

(2) In return for the insertion or deposit thereof, automatically to offer, provide, assist in providing, or permit the acquisition of property or a public or private service.

c. “Value” of the slugs means the value of the coins, bills, or tokens for which they are capable of being substituted.

CREDIT(S)

S.L. 1973, ch. 116, § 23.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-25-01

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-25. Riot

§ 12.1-25-01. Inciting riot

1. A person is guilty of an offense if he:

a. Incites or urges five or more persons to create or engage in a riot; or

b. Gives commands, instructions, or directions to five or more persons in furtherance of a riot.

2. “Riot” means a public disturbance involving an assemblage of five or more persons which by tumultuous and violent conduct creates grave danger of damage or injury to property or persons or substantially obstructs law enforcement or other government function.

3. A person shall be convicted under section 12.1-06-01, 12.1-06-03, or 12.1-06-04 of attempt, solicitation, or conspiracy to commit an offense under this section only if he engages in the prohibited conduct under circumstances in which there is a substantial likelihood that his conduct will imminently produce a violation of this section.

4. The offense is a class C felony if it is under subdivision b of subsection 1 and the riot involves one hundred or more persons. Otherwise it is a class A misdemeanor.

CREDIT(S)

S.L. 1973, ch. 116, § 24.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-25-02

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-25. Riot

§ 12.1-25-02. Arming rioters

1. A person is guilty of a class C felony if he:

a. Knowingly supplies a firearm, dangerous weapon, or destructive device for use in a riot;

b. Teaches another to prepare or use a firearm, dangerous weapon, or destructive device with intent that any such thing be used in a riot; or

c. While engaging in a riot, is knowingly armed with a firearm, dangerous weapon, or destructive device.

2. “Riot” has the meaning prescribed in section 12.1-25-01.

CREDIT(S)

S.L. 1973, ch. 116, § 24; S.L. 1975, ch. 116, § 21.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-25-03

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-25. Riot

§ 12.1-25-03. Engaging in a riot

1. A person is guilty of a class B misdemeanor if he engages in a riot, as defined in section 12.1-25-01.

2. The provisions of subsection 3 of section 12.1-25-01 are applicable to attempt, solicitation, and conspiracy to commit an offense under this section. Mere presence at a riot is not an offense under this section.

CREDIT(S)

S.L. 1973, ch. 116, § 24.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-25-04

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-25. Riot

§ 12.1-25-04. Disobedience of public safety orders under riot conditions

A person is guilty of a class B misdemeanor if, during a riot as defined in section 12.1-25-01, or when one is immediately impending, he disobeys a reasonable public safety order to move, disperse, or refrain from specified activities in the immediate vicinity of the riot. A public safety order is an order designed to prevent or control disorder, or promote the safety of persons or property, issued by the senior law enforcement official on the scene.

CREDIT(S)

S.L. 1973, ch. 116, § 24.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, T. 12.1, Ch. 12.1-26, Repealed

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-26. Firearms and Destructive Devices [Repealed]

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, T. 12.1, Ch. 12.1-27, Repealed

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-27. Obscenity [Repealed]

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-27.1-01

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-27.1. Obscenity Control

§ 12.1-27.1-01. Obscenity--Definitions--Dissemination--Classification of offenses

1. A person is guilty of a class C felony if, knowing of its character, the person disseminates obscene material or if the person produces, transports, or sends obscene material with intent that it be disseminated.

2. A person is guilty of a class C felony if the person presents or directs an obscene performance for pecuniary gain or participates in any portion of a performance which contributes to the obscenity of the performance as a whole.

3. A person is guilty of a class C felony if the person, as owner or manager of an establishment licensed under section 5-02-01, permits an obscene performance in the establishment. A person is guilty of a class C felony if that person participates, whether or not for compensation, in an obscene performance in an establishment licensed under section 5-02-01.

4. a. In addition to the penalty provided in subsection 1, 2, or 3, any person who violates subsection 1, 2, or 3 in the course of a commercial or for-profit activity or transaction in which the offender had or shared ownership, control, managerial responsibility, or a financial interest other than wages is subject to the following penalty:

(1) For an individual, a fine not to exceed ten thousand dollars; or

(2) For a corporation, limited liability company, association, partnership, or other legal entity, a fine not to exceed twenty-five thousand dollars.

b. In addition to the penalty provided in subsection 1, 2, or 3, the court shall impose the following penalty upon the conviction of a person or entity described in subdivision a for a second or subsequent offense under subsection 1, 2, or 3:

(1) For an individual, a fine not to exceed fifty thousand dollars; or

(2) For a corporation, limited liability company, association, partnership, or other legal entity, a fine not to exceed one hundred thousand dollars.

5. As used in this chapter, the terms “obscene material” and “obscene performance” mean material or a performance which:

a. Taken as a whole, the average person, applying contemporary North Dakota standards, would find predominantly appeals to a prurient interest;

b. Depicts or describes in a patently offensive manner sexual conduct, whether normal or perverted; and

c. Taken as a whole, the reasonable person would find lacking in serious literary, artistic, political, or scientific value.

Whether material or a performance is obscene must be judged with reference to ordinary adults, unless it appears from the character of the material or the circumstances of its dissemination that the material or performance is designed for minors or other specially susceptible audience, in which case the material or performance must be judged with reference to that type of audience.

6. As used in this chapter, “disseminate” means to sell, lease, rent, advertise, broadcast, transmit, exhibit, or distribute for pecuniary gain. “Disseminate” includes any transmission of visual material shown on a cable television system, whether or not accompanied by a soundtrack, and any sound recording played on a cable television system.

7. As used in this chapter, the term “material” means any physical object, including, but not limited to, any type of book, sound recording, film, or picture used as a means of presenting or communicating information, knowledge, sensation, image, or emotion to or through a human being's receptive senses.

8. As used in this chapter, the term “patently offensive” means so offensive on its face as to affront the contemporary North Dakota standards of decency.

9. As used in this chapter, the term “performance” means any play, dance, or other exhibition presented before an audience.

10. As used in this chapter, the term “prurient interest” means a voyeuristic, lascivious, degrading, shameful, or morbid interest in nudity, sex, or excretion that goes substantially beyond customary limits of candor in description or representation of those matters.

11. As used in this chapter, the term “sexual conduct” means actual or simulated:

a. Sexual intercourse;

b. Sodomy;

c. Sexual bestiality;

d. Masturbation;

e. Sadomasochistic abuse;

f. Excretion; or

g. Lewd exhibition of the male or female genitals.

As used in this subsection, the term “sodomy” means contact between the penis and the anus, the mouth and the penis, the mouth and the vulva, or the mouth and the anus. As used in this subsection, the term “sadomasochistic abuse” means a depiction or description of flagellation or torture by or upon a person who is nude or clad in undergarments or in a bizarre or revealing costume; or the condition of being fettered, bound, or otherwise physically restrained on the part of one so clothed.

12. As used in this chapter, the term “book” means any book, magazine, pamphlet, newspaper, or other article made out of paper and containing printed, typewritten, or handwritten words.

13. As used in this chapter, “sexually expressive image” means a photograph or visual representation that exhibits a nude or partially denuded human figure, as defined in section 12.1-27.1-03.1, or sexual conduct.

CREDIT(S)

S.L. 1975, ch. 119, § 1; S.L. 1985, ch. 181, § 1; S.L. 1985, ch. 182, § 1; S.L. 1989, ch. 169, § 1; S.L. 1991, ch. 128, § 1; S.L. 1993, ch. 54, § 106; S.L. 2009, ch. 133, § 1, eff. Aug. 1, 2009.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-27.1-02

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-27.1. Obscenity Control

§ 12.1-27.1-02. Promoting obscenity to minors--Definitions

As used in this section and in section 12.1-27.1-03:

1. “Promote” means to produce, direct, manufacture, issue, sell, lend, mail, publish, distribute, exhibit, or advertise.

2. “Harmful to minors” means that quality of any description or representation, in whatever form of sexual conduct or sexual excitement, when such description or representation:

a. Considered as a whole, appeals to the prurient sexual interest of minors;

b. Is patently offensive to prevailing standards in the adult community in North Dakota as a whole with respect to what is suitable material for minors; and

c. Considered as a whole, lacks serious literary, artistic, political, or scientific value for minors.

3. “Sexual excitement” means the condition of human male or female genitals when in a state of sexual stimulation or arousal.

CREDIT(S)

S.L. 1975, ch. 119, § 2; S.L. 1979, ch. 183, § 2.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-27.1-03

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-27.1. Obscenity Control

§ 12.1-27.1-03. Promoting obscenity to minors--Minor performing in obscene performance--Classification of offenses

1. It is a class C felony for a person, knowing of its character, to recklessly promote to a minor any material or performance which is harmful to minors, or to admit a minor to premises where a performance harmful to minors is exhibited or takes place.

2. It is a class C felony to permit a minor to participate in a performance which is harmful to minors.

CREDIT(S)

S.L. 1975, ch. 119, § 3; S.L. 1989, ch. 169, § 2.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-27.1-03.1

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-27.1. Obscenity Control

§ 12.1-27.1-03.1. Objectionable materials or performance--Display to minors--Definitions--Penalty

1. A person is guilty of a class B misdemeanor if he willfully displays at newsstands or any other business establishment frequented by minors, or where minors are or may be invited as a part of the general public, any photograph, book, paperback book, pamphlet, or magazine, the exposed cover or available content of which exploits, is devoted to, or is principally made up of depictions of nude or partially denuded human figures posed or presented in a manner to exploit sex, lust, or perversion for commercial gain.

2. As used in this section:

a. “Nude or partially denuded human figures” means less than completely and opaquely covered human genitals, pubic regions, female breasts or a female breast, if the breast or breasts are exposed below a point immediately above the top of the areola, or human buttocks; and includes human male genitals in a discernibly turgid state even if completely and opaquely covered.

b. “Where minors are or may be invited as a part of the general public” includes any public roadway or public walkway.

c. The above shall not be construed to include a bona fide school, college, university, museum, public library, or art gallery.

CREDIT(S)

S.L. 1977, ch. 126, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-27.1-03.2

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-27.1. Obscenity Control

§ 12.1-27.1-03.2. Exhibition of X-rated motion picture in unscreened outdoor theater--Penalty

Any person who, knowing of its character, exhibits any motion picture rated X by the motion picture association of America in any outdoor theater where the screen is visible beyond the limits of the theater audience area, so that the motion picture may be seen and its content or character distinguished by normal unaided vision by a minor viewing it from beyond the limits of the theater audience area, is guilty of a class B misdemeanor.

CREDIT(S)

S.L. 1979, ch. 183, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-27.1-03.3

Formerly cited as ND ST 12.1-31-08

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-27.1. Obscenity Control

§ 12.1-27.1-03.3. Creation, possession, or dissemination of sexually expressive images prohibited--Exception

1. A person is guilty of a class A misdemeanor if, knowing of its character and content, that person:

a. Without written consent from each individual who has a reasonable expectation of privacy in the image, surreptitiously creates or willfully possesses a sexually expressive image that was surreptitiously created; or

b. Distributes or publishes, electronically or otherwise, a sexually expressive image with the intent to cause emotional harm or humiliation to any individual depicted in the sexually expressive image who has a reasonable expectation of privacy in the image, or after being given notice by an individual or parent or guardian of the individual who is depicted in a sexually expressive image that the individual, parent, or guardian does not consent to the distribution or publication of the sexually expressive image.

2. A person is guilty of a class B misdemeanor if, knowing of its character and content, that person acquires and knowingly distributes any sexually expressive image that was created without the consent of the subject of the image.

3. This section does not authorize any act prohibited by any other law. If the sexually expressive image is of a minor and possession does not violate section 12.1-27.2-04.1, a parent or guardian of the minor may give permission for a person to possess or distribute the sexually expressive image.

4. This section does not apply to any book, photograph, video recording, motion picture film, or other visual representation sold in the normal course of business through wholesale or retail outlets that possess a valid sales tax permit or used by an attorney, attorney's agent, or any other person obtaining evidence for a criminal investigation or pending civil action, or by a medical professional or a peace officer acting within that individual's scope of employment.

CREDIT(S)

S.L. 2009, ch. 133, § 2, eff. Aug. 1, 2009; S.L. 2011, ch. 99, § 1, eff. Aug. 1, 2011.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-27.1-04

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-27.1. Obscenity Control

§§ 12.1-27.1-04 to 12.1-27.1-10. Repealed

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-27.1-10

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-27.1. Obscenity Control

§§ 12.1-27.1-04 to 12.1-27.1-10. Repealed

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-27.1-11

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-27.1. Obscenity Control

§ 12.1-27.1-11. Exceptions to criminal liability

Sections 12.1-27.1-01 and 12.1-27.1-03 shall not apply to the possession or distribution of material in the course of law enforcement, judicial, or legislative activities; or to the possession of material by a bona fide school, college, university, museum, or public library for limited access for educational research purposes carried on at such an institution by adults only. Sections 12.1-27.1-01 and 12.1-27.1-03 shall also not apply to a person who is returning material, found to be obscene, to the distributor or publisher initially delivering it to the person returning it.

CREDIT(S)

S.L. 1975, ch. 119, § 11.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-27.1-12

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-27.1. Obscenity Control

§ 12.1-27.1-12. State preemption of local laws regulating obscenity

This chapter shall be applicable and uniform throughout the state, and no political subdivision shall enact new, or enforce existing, ordinances or resolutions regulating or prohibiting the dissemination of obscene materials, or controlling obscene performances, except ordinances authorized by section 5-02-09, section 58-03-11, chapter 11-33, or chapter 40-47.

CREDIT(S)

S.L. 1975, ch. 119, § 12; S.L. 1979, ch. 184, § 1; S.L. 1981, ch. 158, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-27.2-01

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-27.2. Sexual Performances by Children

§ 12.1-27.2-01. Definitions

As used in this chapter:

1. “Obscene sexual performance” means any performance which includes sexual conduct by a minor in any obscene material or obscene performance, as defined in section 12.1-27.1-01.

2. “Performance” means any play, motion picture, photograph, dance, or other visual representation, or any part of a performance.

3. “Promote” means to procure, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise.

4. “Sexual conduct” means actual or simulated sexual intercourse, sodomy, sexual bestiality, masturbation, sadomasochistic abuse, or lewd exhibition of the buttocks, breasts, or genitals, including the further definitions of sodomy and sadomasochistic abuse under section 12.1-27.1-01.

5. “Sexual performance” means any performance which includes sexual conduct by a minor.

6. “Simulated” means the explicit depiction of any of the conduct set forth in subsection 4 which creates the appearance of actual sexual conduct and which exhibits any nude or partially denuded human figure, as defined in section 12.1-27.1-03.1.

CREDIT(S)

S.L. 1985, ch. 177, § 1; S.L. 1989, ch. 169, § 3; S.L. 2011, ch. 370, § 1, eff. Aug. 1, 2011.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-27.2-02

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-27.2. Sexual Performances by Children

§ 12.1-27.2-02. Use of a minor in a sexual performance

A person is guilty of a class B felony if, knowing the character and content of a performance, that person employs, authorizes, or induces a minor to engage in sexual conduct during a performance or, if being a parent, legal guardian, or custodian of a minor, that person consents to the participation by the minor in sexual conduct during a performance.

CREDIT(S)

S.L. 1985, ch. 177, § 1; S.L. 1989, ch. 169, § 4.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-27.2-03

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-27.2. Sexual Performances by Children

§ 12.1-27.2-03. Promoting or directing an obscene sexual performance by a minor

A person is guilty of a class B felony if, knowing the character and content of a performance, that person produces, directs, or promotes any obscene performance which includes sexual conduct by a person who was a minor at the time of the performance.

CREDIT(S)

S.L. 1985, ch. 177, § 1; S.L. 1989, ch. 169, § 5.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-27.2-04

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-27.2. Sexual Performances by Children

§ 12.1-27.2-04. Promoting a sexual performance by a minor

A person is guilty of a class C felony if, knowing the character and content of a performance, that person produces, directs, or promotes any performance which includes sexual conduct by a person who was a minor at the time of the performance.

CREDIT(S)

S.L. 1985, ch. 177, § 1; S.L. 1989, ch. 169, § 6.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-27.2-04.1

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-27.2. Sexual Performances by Children

§ 12.1-27.2-04.1. Possession of certain materials prohibited

A person is guilty of a class C felony if, knowing of its character and content, that person knowingly possesses any motion picture, photograph, or other visual representation that includes sexual conduct by a minor.

CREDIT(S)

S.L. 1989, ch. 169, § 7; S.L. 2007, ch. 128, § 1, eff. Aug. 1, 2007.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-27.2-04.2

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-27.2. Sexual Performances by Children

§ 12.1-27.2-04.2. Sexual performance by a minor--Enhanced penalties

1. Notwithstanding the provisions of sections 12.1-32-01 and 12.1-32-01.1 relating to fines, a person who commits an offense under this chapter and who acts in the course of a commercial or for-profit activity or transaction in which the offender had or shared ownership, control, managerial responsibility, or a financial interest other than wages is subject to the following penalty:

a. For an individual, a fine not to exceed ten thousand dollars; or

b. For a corporation, limited liability company, association, partnership, or other legal entity, a fine not to exceed twenty-five thousand dollars.

2. Notwithstanding the provisions of sections 12.1-32-01 and 12.1-32-01.1 relating to fines, the court shall impose the following fine upon the conviction of a person or entity described in subsection 1 for a second or subsequent offense under this chapter:

a. For an individual, a fine not to exceed fifty thousand dollars; or

b. For a corporation, limited liability company, association, partnership, or other legal entity, a fine not to exceed one hundred thousand dollars.

CREDIT(S)

S.L. 1991, ch. 128, § 2; S.L. 1993, ch. 54, § 106.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-27.2-05

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-27.2. Sexual Performances by Children

§ 12.1-27.2-05. Sexual performance by a minor--Affirmative defenses

It is an affirmative defense to a prosecution under this chapter that:

1. The defendant in good faith reasonably believed the person appearing in the performance was eighteen years of age or older;

2. The material or performance involved was disseminated or presented for a bona fide medical, scientific, educational, religious, governmental, judicial, or other appropriate purpose by or to a physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies or research, librarian, member of the clergy, prosecutor, judge, or other person having a similar interest in the material or performance; or

3. The defendant had no financial interest in promoting a sexual performance by a minor, other than employment in a theater, which employment does not include compensation based upon any proportion of the receipts arising from promotion of the sexual performance, and that person was in no way responsible for acquiring the material for sale, rental, or exhibition.

CREDIT(S)

S.L. 1985, ch. 177, § 1; S.L. 1989, ch. 169, § 8.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-27.2-06

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-27.2. Sexual Performances by Children

§ 12.1-27.2-06. Proof of age of minor

When it becomes necessary under this chapter to determine whether a minor participated in a sexual performance, the trier of fact may base its determination on personal inspection of the minor, inspection of a photograph or motion picture of the sexual performance, testimony by a witness to the sexual performance as to the age of the minor based upon the minor's appearance, expert testimony based upon the appearance of the minor in the sexual performance, or any other method authorized by law or by rule.

CREDIT(S)

S.L. 1985, ch. 177, § 1; S.L. 1989, ch. 169, § 9.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-28-01

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-28. Gambling and Related Offenses

§ 12.1-28-01. Gambling--Definitions

As used in this chapter:

1. “Gambling” means risking any money, credit, deposit, or other thing of value for gain, contingent, wholly or partially, upon lot, chance, the operation of gambling apparatus, or the happening or outcome of an event, including an election or sporting event, over which the person taking the risk has no control. Gambling does not include:

a. Lawful contests of skill, speed, strength, or endurance in which awards are made only to entrants or to the owners of entries;

b. Lawful business transactions, or other acts or transactions now or hereafter expressly authorized by law; or

c. Use of gaming equipment and devices that may not otherwise be lawful in the state when the equipment or devices are used by any institution under the control of the state board of higher education which awards degrees of bachelor's or higher for the purpose of conducting scientific research in a controlled environment on the campus of that institution.

2. “Gambling apparatus” means any device, machine, paraphernalia, or equipment that is used or usable in the playing phases of any gambling activity, whether that activity consists of gambling between persons, or gambling by a person involving the playing of a machine. Gambling apparatus does not include an amusement game or device as defined in section 53-04-01.

3. “Gambling house” means any location or structure, stationary or movable, wherein gambling is permitted or promoted, or where a lottery is conducted or managed. In the application of this definition, any place where gambling apparatus is found is presumed to be a gambling house, provided that this presumption shall not apply where cards, dice, or other games are found in a private residence.

4. “Lottery” means any plan for the distribution of a thing of value, whether tangible or intangible, to a person or persons selected by chance from among participants, some or all of whom have given a consideration for the chance of being selected.

CREDIT(S)

S.L. 1973, ch. 116, § 27; S.L. 1977, ch. 473, § 16; S.L. 1987, ch. 171, § 1; S.L. 2005, ch. 117, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-28-02

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-28. Gambling and Related Offenses

§ 12.1-28-02. Gambling--Related offenses--Classification of offenses

Except as permitted by law:

1. It is an infraction to engage in gambling on private premises where the total amount wagered by an individual player exceeds twenty-five dollars per individual hand, game, or event.

2. It is a class A misdemeanor to:

a. Sell, purchase, receive, or transfer a chance to participate in a lottery, whether the lottery is drawn in state or out of state, and whether the lottery is lawful in the other state or country;

b. Disseminate information about a lottery with intent to encourage participation in it, except that a legal lottery may be advertised in North Dakota; or

c. Engage in gambling on private premises where the total amount wagered by an individual player exceeds five hundred dollars per individual hand, game, or event.

3. A person is guilty of a class C felony if that person engages or participates in the business of gambling. Without limitation, a person is deemed to be engaged in the business of gambling if that person:

a. Conducts a wagering pool or lottery;

b. Receives wagers for or on behalf of another person;

c. Alone or with others, owns, controls, manages, or finances a gambling business;

d. Knowingly leases or otherwise permits a place to be regularly used to carry on a gambling business or maintain a gambling house;

e. Maintains for use on any place or premises occupied by that person a coin-operated gaming device; or

f. Is a public servant who shares in the proceeds of a gambling business whether by way of a bribe or otherwise.

4. a. As used in subsection 3 but with the exceptions provided by subdivision b of this subsection, the term “coin-operated gaming device” means any machine that is:

(1) A so-called “slot” machine that operates by means of the insertion of a coin, token, or similar object and which, by application of the element of chance, may deliver, or entitle the person playing or operating the machine to receive cash, premiums, merchandise, or tokens; or

(2) A machine that is similar to machines described in paragraph 1 and is operated without the insertion of a coin, token, or similar object.

b. The term “coin-operated gaming device” does not include a bona fide vending or amusement machine in which gambling features are not incorporated as defined in section 53-04-01, or an antique “slot” machine twenty-five years old or older that is collected and possessed by a person as a hobby and is not maintained for the business of gambling.

c. A law enforcement officer may seize any device described in subdivision a upon probable cause to believe that the device was used or is intended to be used in violation of this chapter or chapter 53-06.1. The court shall order the device forfeited in the same manner and according to the same procedure as provided under chapter 29-31.1.

CREDIT(S)

S.L. 1973, ch. 116, § 27; S.L. 1977, ch. 473, § 17; S.L. 1981, ch. 159, § 1; S.L. 1989, ch. 170, § 1; S.L. 1991, ch. 129, § 1; S.L. 1991, ch. 346, § 1; S.L. 1993, ch. 124, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-29-01

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-29. Prostitution

§ 12.1-29-01. Promoting prostitution

1. A person is guilty of an offense if he:

a. Operates a prostitution business or a house of prostitution;

b. Induces or otherwise intentionally causes another to become engaged in sexual activity as a business; or

c. Knowingly procures a prostitute for a prostitution business or a house of prostitution.

2. The offense is a class C felony if it is under subdivision b or c of subsection 1 or if it is under subdivision a and the actor owns, controls, manages, or otherwise supervises the prostitution business or house of prostitution. Otherwise the offense is a class A misdemeanor.

CREDIT(S)

S.L. 1973, ch. 116, § 28.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-29-02

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-29. Prostitution

§ 12.1-29-02. Facilitating prostitution

1. A person is guilty of an offense if he:

a. Knowingly solicits a person to patronize a prostitute;

b. Knowingly procures a prostitute for a patron;

c. Knowingly leases or otherwise permits a place controlled by the actor, alone or in association with others, to be regularly used for prostitution, promoting prostitution, or facilitating prostitution, or fails to make reasonable effort to abate such use by ejecting the tenant, notifying law enforcement authorities, or taking other legally available means; or

d. Knowingly induces or otherwise intentionally causes another to remain a prostitute. A person who is supported in whole or substantial part by the proceeds of prostitution, other than the prostitute or the prostitute's minor child or a person whom the prostitute is required by law to support, is presumed to be knowingly inducing or intentionally causing another to remain a prostitute.

2. The offense is a class C felony if the actor intentionally causes another to remain a prostitute by force or threat, or the prostitute is the actor's spouse, child, or ward, or a person for whose care, protection, or support he is responsible, or the prostitute is, in fact, less than sixteen years old. Otherwise it is a class A misdemeanor.

CREDIT(S)

S.L. 1973, ch. 116, § 28; S.L. 1983, ch. 172, § 8.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-29-03

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-29. Prostitution

§ 12.1-29-03. Prostitution

An individual is guilty of prostitution, a class B misdemeanor, if the individual:

1. Is an inmate of a house of prostitution or is otherwise engaged in sexual activity as a business;

2. Solicits another person with the intention of being hired to engage in sexual activity; or

3. Agrees to engage in sexual activity with another for money or other items of pecuniary value.

CREDIT(S)

S.L. 1973, ch. 116, § 28; S.L. 2005, ch. 118, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-29-04

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-29. Prostitution

§ 12.1-29-04. Testimony of spouse in prostitution offenses

Testimony of a person against his or her spouse shall be admissible to prove offenses under this chapter involving that spouse's prostitution.

CREDIT(S)

S.L. 1973, ch. 116, § 28.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-29-05

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-29. Prostitution

§ 12.1-29-05. Definitions

In this chapter:

1. A “house of prostitution” is any place where prostitution is regularly carried on by a person under the control, management, or supervision of another.

2. An “inmate” is a prostitute who acts as such in or through the agency of a house of prostitution.

3. A “prostitute” is a person who engages in sexual activity for hire.

4. A “prostitution business” is any business which derives funds from prostitution regularly carried on by a person under the control, management, or supervision of another.

5. “Sexual activity” means sexual act or sexual contact as those terms are defined in section 12.1-20-02.

CREDIT(S)

S.L. 1973, ch. 116, § 28; S.L. 1973, ch. 117, § 3; S.L. 1975, ch. 116, § 22.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-29-06

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-29. Prostitution

§ 12.1-29-06. Hiring an individual to engage in sexual activity

An individual who hires or offers or agrees to hire another individual with the intention of engaging in sexual activity is guilty of a class B misdemeanor.

CREDIT(S)

S.L. 2005, ch. 119, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-30-01

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-30. Sunday Closing Law

§ 12.1-30-01. Business or labor on Sunday--Exemptions--Classification of offenses

1. Except as otherwise provided in sections 12.1-30-02 and 12.1-30-03, it is a class B misdemeanor for any person between the hours of twelve midnight and twelve noon on Sunday to do any of the following activities:

a. Engage in or conduct business or labor for profit in the usual manner and location.

b. Operate a place of business open to the public.

c. Authorize or direct that person's employees or agents to take action prohibited under this section.

2. The prohibition in subsection 1 does not apply to a person who in good faith observes a day other than Sunday as the Sabbath, if that person refrains from engaging in or conducting business or labor for profit and closes the place of business to the public between the hours of twelve midnight and twelve noon on the day observed as the Sabbath.

3. The attorney general, a state's attorney, a mayor, a city manager, or a city attorney may petition a district court, for the district where a violation is occurring, to enjoin a violation of this section.

CREDIT(S)

S.L. 1973, ch. 116, § 29; S.L. 1985, ch. 183, § 1; S.L. 1991, ch. 130, § 4.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-30-02

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-30. Sunday Closing Law

§ 12.1-30-02. Items prohibited from sale or rental on Sunday

Except for items sold at hobby shows, craft shows, fairs, exhibits, occasional rummage sales including garage sales or other sales for which a sales tax permit is not required, and tourist attractions that derive at least fifty percent of their annual gross sales from seasonal or tourist customers, the sale or rental of any of the following items between the hours of twelve midnight and twelve noon on Sunday is prohibited:

1. Clothing other than work gloves and infant supplies.

2. Clothing accessories.

3. Wearing apparel other than that sold to a transient traveler under emergency conditions.

4. Footwear.

5. Headwear.

6. Home, business, office, or outdoor furniture.

7. Kitchenware.

8. Kitchen utensils.

9. China.

10. Home appliances.

11. Stoves.

12. Refrigerators.

13. Air-conditioners.

14. Electric fans.

15. Radios.

16. Television sets.

17. Washing machines.

18. Dryers.

19. Cameras.

20. Hardware other than emergency plumbing, heating, cooling, or electrical repair or replacement parts and equipment.

21. Tools other than manually driven hand tools.

22. Jewelry.

23. Precious or semiprecious stones.

24. Silverware.

25. Watches.

26. Clocks.

27. Luggage.

28. Motor vehicles other than the daily rental of vehicles by businesses whose sole activity is automobile rental.

29. Musical instruments.

30. The sale of aural or video recordings, records, or tapes. Rental of these items is permitted.

31. Toys other than those customarily sold as novelties or souvenirs.

32. Mattresses.

33. Bed coverings.

34. Household linens.

35. Floor coverings.

36. Lamps.

37. Draperies.

38. Blinds.

39. Curtains.

40. Mirrors.

41. Cloth piece goods.

42. Lawnmowers.

43. Sporting or recreational goods other than those sold or rented on the premises where sports or recreational activities are conducted.

44. Paint and building and lumber supplies.

CREDIT(S)

S.L. 1973, ch. 116, § 29; S.L. 1979, ch. 112, § 3; S.L. 1985, ch. 183, § 2; S.L. 1991, ch. 130, § 5.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-30-03

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-30. Sunday Closing Law

§ 12.1-30-03. Businesses allowed to operate on Sunday--Limitations

Subject to the limitations of this section and section 12.1-30-02, a business specified in this section may operate in the business's usual manner, location, and for its usual purposes. The businesses authorized under this section to operate on Sunday include:

1. Restaurants, cafeterias, or other prepared food service organizations.

2. Hotels, motels, and other lodging facilities.

3. Hospitals and nursing homes, including the sale of giftware on the premises.

4. Dispensaries of drugs and medicines.

5. Ambulance and burial services.

6. Generation and distribution of electric power, water, steam, natural gas, oil, or other fuel used as a necessary utility.

7. Distribution of gas, oil, and other fuels.

8. Telephone, telegraph, and messenger services.

9. Heating, refrigeration, and cooling services.

10. Railroad, bus, trolley, subway, taxi, and limousine services.

11. Water, air, and land transportation services and attendant facilities.

12. Cold storage warehouse.

13. Ice manufacturing and distribution facilities and services.

14. Minimal maintenance of equipment and machinery.

15. Plant and industrial protection services.

16. Industries where continuous processing or manufacturing is required by the very nature of the process involved.

17. Newspaper publication and distribution.

18. Newsstands.

19. Radio and television broadcasting.

20. Motion picture, theatrical, and musical performances.

21. Motor vehicle service stations that sell motor fuel and motor oil, and that customarily provide daily repair services or products for any of the following systems or parts of a motor vehicle:

a. Air-conditioning system.

b. Batteries.

c. Electrical system.

d. Engine cooling system.

e. Exhaust system.

f. Fuel system.

g. Tires and tubes.

h. Emergency work necessary for the safe and lawful operation of the motor vehicle.

22. Athletic and sporting events.

23. Parks, beaches, and recreational facilities.

24. Scenic, historic, and tourist attractions.

25. Amusement centers, fairs, zoos, and museums.

26. Libraries.

27. Educational lectures, forums, and exhibits.

28. Service organizations (USO, YMCA, etc.).

29. Coin-operated laundry and drycleaning facilities.

30. Food stores operated by an owner or manager in addition to not more than six employees working in the store at one time on a Sunday; however, the governing body of a city or county may, by ordinance, increase the number of employees allowed to work in a store at one time on a Sunday.

31. Bait shops for the sale of live bait and fishing tackle.

32. Floral nurseries.

33. Christmas tree stands.

34. Hobby shows, craft shows, fairs, and exhibits.

35. Occasional rummage sales, including garage sales or other sales for which a sales tax permit is not required.

36. Community festivals licensed or authorized by the governing body of a city or the board of county commissioners.

37. Premises licensed to dispense beer and alcoholic beverages within the limits prescribed in sections 5-02-05 and 5-02-05.1.

38. Credit approval services, lodging and travel reservation services, and, notwithstanding section 12.1-30-02, telemarketing of goods and services.

39. Bingo halls and onsite food concessions between the hours of twelve midnight and one a.m. and within the hours permitted under section 12.1-30-01.

CREDIT(S)

S.L. 1973, ch. 116, § 29; S.L. 1979, ch. 112, § 4; S.L. 1983, ch. 169, § 1; S.L. 1985, ch. 183, § 3; S.L. 1987, ch. 100, § 3; S.L. 1989, ch. 171, § 1; S.L. 1991, ch. 131, §§ 1, 2; S.L. 1993, ch. 63, § 5; S.L. 2001, ch. 460, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-30-04

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-30. Sunday Closing Law

§ 12.1-30-04. Retail business leases or agreements--Penalty

A retail business may not be required to be open on Sunday as a part of a lease agreement, franchise agreement, or any other contractual arrangement. A violation of this section is a class A misdemeanor.

CREDIT(S)

S.L. 1991, ch. 130, § 6.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-31-01

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-31. Miscellaneous Offenses

§ 12.1-31-01. Disorderly conduct

1. An individual is guilty of a class B misdemeanor if, with intent to harass, annoy, or alarm another person or in reckless disregard of the fact that another person is harassed, annoyed, or alarmed by the individual's behavior, the individual:

a. Engages in fighting, or in violent, tumultuous, or threatening behavior;

b. Makes unreasonable noise;

c. In a public place, uses abusive or obscene language, knowingly exposes that individual's penis, vulva, or anus, or makes an obscene gesture;

d. Obstructs vehicular or pedestrian traffic or the use of a public facility;

e. Persistently follows a person in or about a public place or places;

f. While loitering in a public place for the purpose of soliciting sexual contact, the individual solicits the contact;

g. Creates a hazardous, physically offensive, or seriously alarming condition by any act that serves no legitimate purpose;

h. Engages in harassing conduct by means of intrusive or unwanted acts, words, or gestures that are intended to adversely affect the safety, security, or privacy of another person; or

i. Uses a fixed optical device that enhances or records a visual occurrence to view through any window of another person's property; or uses a surveillance camera to capture an image from the dwelling or accessory structure of another person; however, an individual using a surveillance camera has seven days from notice by a law enforcement officer to direct or shield the camera so as to not capture an image from another person's dwelling or accessory structure before there is an offense.

2. This section does not apply to constitutionally protected activity. If an individual claims to have been engaged in a constitutionally protected activity, the court shall determine the validity of the claim as a matter of law and, if found valid, shall exclude evidence of the activity.

CREDIT(S)

S.L. 1973, ch. 116, § 30; S.L. 1993, ch. 125, § 1; S.L. 2001, ch. 134, § 7; S.L. 2011, ch. 100, § 1, eff. Aug. 1, 2011.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-31-01.1

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-31. Miscellaneous Offenses

§ 12.1-31-01.1. Disorderly conduct at a funeral--Penalty

1. For purposes of this section:

a. “Funeral” means the ceremonies, rituals, processions, and memorial services held at a funeral site in connection with the burial, cremation, or memorial of a deceased individual.

b. “Funeral site” means a church, synagogue, mosque, funeral home, mortuary, cemetery, gravesite, mausoleum, or other place at which a funeral is conducted or is scheduled to be conducted within the next hour or has been conducted within the last hour.

2. An individual is guilty of disorderly conduct at a funeral if the individual:

a. Engages, with knowledge of the existence of a funeral site, in any loud singing, playing of music, chanting, whistling, yelling, or noisemaking within one thousand feet [300.48 meters] of any ingress or egress of that funeral site if the volume of the singing, music, chanting, whistling, yelling, or noisemaking is likely to be audible at and disturbing to the funeral site; or

b. Displays, with knowledge of the existence of a funeral site and within one thousand feet [300.48 meters] of any ingress or egress of that funeral site, any visual images that convey fighting words or actual or veiled threats against any other individual.

3. Disorderly conduct at a funeral is a class B misdemeanor. A second or subsequent violation of this section is a class A misdemeanor.

CREDIT(S)

S.L. 2007, ch. 129, § 1, eff. Jan. 25, 2007; S.L. 2011, ch. 100, § 2, eff. Aug. 1, 2011.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-31-02

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-31. Miscellaneous Offenses

§ 12.1-31-02. Engaging in or financing criminal usury business

1. A person is guilty of a class C felony if he knowingly engages in, or directly or indirectly provides financing for, the business of making extensions of credit at such a rate of interest that repayment or performance of any promise given in consideration thereof is unenforceable through civil judicial process in this state.

2. Knowledge of unenforceability shall be presumed, in the case of a person engaging in the business, if any of the following exist, and in the case of a person directly or indirectly providing financing, if he knew any of the following:

a. It is an offense to charge, take, or receive interest at the rate involved.

b. The rate of interest charged, taken, or received is fifty or more per centum greater than the maximum enforceable rate of interest.

c. The rate of interest involved exceeds forty-five per centum per annum or the equivalent rate for a longer or shorter period.

3. Unless otherwise provided by law, the rate of interest is to be calculated according to the actuarial method of allocating payments made on a debt between principal and interest, pursuant to which a payment is applied first to the accumulated interest and the balance is applied to the unpaid principal.

4. It is a defense to a prosecution under this section that the defendant was licensed or otherwise authorized by the United States or by any state government to engage in the business of making extensions of credit.

5. In this section:

a. An “extension of credit” means any loan, or any agreement, tacit or express, whereby the repayments or satisfaction of any debt, whether acknowledged or disputed, valid or invalid, and however arising, may or will be deferred.

b. “Debtor” means any person to whom an extension of credit is made, or who guarantees the repayment of that extension of credit, or in any manner undertakes to indemnify the creditor against loss resulting from the failure of any person to whom that extension of credit is made to repay the same.

c. The repayment of any extension of credit includes the repayment, satisfaction, or discharge in whole or in part of any debt or claim, acknowledged or disputed, valid or invalid, resulting from or in connection with that extension of credit.

CREDIT(S)

S.L. 1973, ch. 116, § 30.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-31-03

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-31. Miscellaneous Offenses

§ 12.1-31-03. Sale of tobacco to minors and use by minors prohibited

1. It is an infraction for any person to sell or furnish to a minor, or procure for a minor, cigarettes, cigarette papers, cigars, snuff, or tobacco in any other form in which it may be utilized for smoking or chewing. As used in this subsection, “sell” includes dispensing from a vending machine under the control of the actor.

2. It is a noncriminal offense for a minor to purchase, possess, smoke, or use cigarettes, cigars, cigarette papers, snuff, or tobacco in any other form in which it may be utilized for smoking or chewing. However, an individual under eighteen years of age may purchase and possess tobacco as part of a compliance survey program when acting with the permission of the individual's parent or guardian and while acting under the supervision of any law enforcement authority. A state agency, city, county, board of health, tobacco retailer, or association of tobacco retailers may also conduct compliance surveys, after coordination with the appropriate local law enforcement authority.

3. It is a noncriminal offense for a minor to present or offer to another individual a purported proof of age which is false, fraudulent, or not actually the minor's own proof of age, for the purpose of attempting to purchase or possess cigarettes, cigars, cigarette papers, snuff, or tobacco in any other form in which it may be utilized for smoking or chewing.

4. A city or county may adopt an ordinance or resolution regarding the sale of tobacco to minors and use of tobacco by minors which includes prohibitions in addition to those in subsection 1, 2, or 3. Any ordinance or resolution adopted must include provisions deeming a violation of subsection 2 or 3 a noncriminal violation and must provide for a fee of not less than twenty-five dollars for a minor fourteen years of age or older who has been charged with an offense under subsection 2 or 3. The failure to post a required bond or pay an assessed fee by an individual found to have violated the ordinance or resolution is punishable as a contempt of court, except a minor may not be imprisoned for the contempt.

5. A minor fourteen years of age or older found to have violated subsection 2 or 3 must pay a fee of twenty-five dollars.

a. Any individual who has been cited for a violation of subsection 2 or 3 may appear before a court of competent jurisdiction and pay the fee by the time scheduled for a hearing, or if bond has been posted, may forfeit the bond by not appearing at the scheduled time. An individual appearing at the time scheduled in the citation may make a statement in explanation of that individual's action and the judge may waive, reduce, or suspend the fee or bond, or both. If the individual cited follows the procedures of this subdivision, that individual has admitted the violation and has waived the right to a hearing on the issue of commission of the violation. The bond required to secure appearance before the court must be identical to the fee. This subdivision does not allow a citing officer to receive the fee or bond.

b. If an individual cited for a violation of subsection 2 or 3 does not choose to follow the procedures provided under subdivision a, that individual may request a hearing on the issue of the commission of the violation cited. The hearing must be held at the time scheduled in the citation or at some future time, not to exceed ninety days later, set at that first appearance. At the time of a request for a hearing on the issue on commission of the violation, the individual cited shall deposit with the court an appearance bond equal to the fee for the violation cited.

c. The failure to post bond or to pay an assessed fee is punishable as a contempt of court, except a minor may not be imprisoned for the contempt.

6. The prosecution must prove the commission of a cited violation under subsection 2 or 3 by a preponderance of the evidence.

7. A law enforcement officer that cites a minor for violation of this section shall mail a notice of the violation to the parent or legal guardian of the minor within ten days of the citation.

8. A person adjudged guilty of contempt for failure to pay a fee or fine may be sentenced by the court to a sanction or order designed to ensure compliance with the payment of the fee or fine or to an alternative sentence or sanction including community service.

CREDIT(S)

S.L. 1973, ch. 118, § 1; S.L. 1999, ch. 130, § 1; S.L. 2001, ch. 136, § 1; S.L. 2007, ch. 130, § 1, eff. Aug. 1, 2007.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-31-03.1

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-31. Miscellaneous Offenses

§ 12.1-31-03.1. Vending machines prohibited--Penalty

1. It is an infraction for any person to sell or furnish cigarettes, cigarette papers, cigars, snuff, or tobacco in any other form in which it may be utilized for smoking or chewing through a vending machine, except as provided in subsection 2.

2. Subsection 1 does not apply to:

a. A vending machine that is located in an area in which minors are not permitted access; or

b. A vending machine that dispenses cigarettes, cigarette papers, cigars, snuff, or tobacco in any other form in which it may be utilized for smoking or chewing through the operation of a device that requires a salesperson to control the dispensation of such product.

3. It is an infraction for any person to sell or furnish cigarettes, cigarette papers, cigars, snuff, or tobacco in any other form in which it may be utilized for smoking or chewing through any vending machine, if those products are placed together with any nontobacco product, other than matches, in the vending machine.

CREDIT(S)

S.L. 2007, ch. 130, § 2, eff. Aug. 1, 2007.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-31-04

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-31. Miscellaneous Offenses

§ 12.1-31-04. Repealed

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-31-05

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-31. Miscellaneous Offenses

§ 12.1-31-05. Child procurement--Penalty

Except with respect to fees and charges authorized by law or approved by a court in a proceeding related to the placement of a minor child for adoption or related to the adoption of a minor child, a person is guilty of child procurement, a class C felony, if the person knowingly offers, gives, or agrees to give to another or solicits, accepts, or agrees to accept from another, a thing of value as consideration for the recipient's furnishing or aiding another to furnish a minor child for the purposes of adoption. This section does not apply to parties to any agreement in which a woman agrees to become a surrogate, as defined in section 14-18-01, or to relinquish her rights and duties as parent of a child conceived through assisted reproduction, as defined in section 14-20-01.

CREDIT(S)

S.L. 1987, ch. 172, § 1; S.L. 1989, ch. 184, § 8; S.L. 2005, ch. 135, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-31-06

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-31. Miscellaneous Offenses

§ 12.1-31-06. Repealed by S.L. 2001, ch. 214, § 10, eff. April 12, 2001

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-31-07

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-31. Miscellaneous Offenses

§ 12.1-31-07. Endangering a vulnerable adult--Penalty

1. In this chapter, unless the context otherwise requires:

a. “Caregiver” means a person who is responsible for the care of a disabled adult or vulnerable elderly adult as a result of a familial or legal relationship, or a person who has assumed responsibility for the care of a disabled adult or vulnerable elderly adult. The term does not include a licensed health care provider who is acting within the provider's legal scope of practice in providing appropriate care or assistance to a disabled adult or vulnerable elderly adult who is the patient or client of the licensed health care provider.

b. “Disabled adult” means a person eighteen years of age or older who suffers from a condition of physical or mental incapacitation due to a developmental disability or organic brain damage or mental illness or who has one or more physical or mental limitations that restrict the person's ability to perform the normal activities of daily living.

c. “Vulnerable elderly adult” means a person sixty years of age or older who is suffering from a disease or infirmity associated with advanced age and manifested by physical, mental, or emotional dysfunctioning to the extent that the person is incapable of adequately providing for the person's own health or personal care.

2. Except as provided for by chapters 23-06.5 and 30.1-30, a caregiver who knowingly performs an act that causes a disabled adult's or vulnerable elderly adult's life to be endangered, health to be injured, or preexisting physical or mental condition to deteriorate, or a caregiver who fails to perform acts that the caregiver knows are necessary to maintain or preserve the life or health of the disabled adult or vulnerable elderly adult and the failure causes the disabled adult's or vulnerable elderly adult's life to be endangered, health to be injured, or preexisting physical or mental condition to deteriorate, is guilty of a class B felony.

CREDIT(S)

S.L. 1993, ch. 126, § 1; S.L. 1995, ch. 132, § 1; S.L. 1997, ch. 130, § 1; S.L. 2005, ch. 232, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-31-07.1

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-31. Miscellaneous Offenses

§ 12.1-31-07.1. Exploitation of a vulnerable adult--Penalty

1. A person is guilty of exploitation of a disabled adult or vulnerable elderly adult if:

a. The person stands in a position of trust and confidence or has a business relationship with the disabled adult or vulnerable elderly adult and knowingly, by deception or intimidation, obtains or uses, or attempts to obtain or use, the disabled adult's or vulnerable elderly adult's funds, assets, or property with the intent to temporarily or permanently deprive the disabled adult or vulnerable elderly adult of the use, benefit, or possession of the property, for the benefit of someone other than the disabled adult or vulnerable elderly adult; or

b. The person knows that the disabled adult or vulnerable elderly adult lacks the capacity to consent, and obtains or uses, or attempts to obtain or use, or assists another in obtaining or using or attempting to obtain or use, the disabled adult's or vulnerable elderly adult's funds, assets, or property with the intent to temporarily or permanently deprive the disabled adult or vulnerable elderly adult of the use, benefit, or possession of the property for the benefit of someone other than the disabled adult or vulnerable elderly adult.

2. Exploitation of a disabled adult or vulnerable elderly adult is:

a. A class A felony if the value of the exploited funds, assets, or property exceeds one hundred thousand dollars.

b. A class B felony if the value of the exploited funds, assets, or property exceeds twenty thousand dollars but does not exceed one hundred thousand dollars.

c. A class C felony if the value of the exploited funds, assets, or property is in excess of one thousand dollars but does not exceed twenty thousand dollars.

3. It is not a defense to a prosecution of a violation of this section that the accused did not know the age of the victim.

4. This section does not impose criminal liability on a person who has:

a. Managed the disabled adult's or vulnerable elderly adult's funds, assets, or property in a manner that clearly gives primacy to the needs and welfare of that person or is consistent with any explicit written authorization; or

b. Made a good faith effort to assist in the management of the disabled adult's or vulnerable elderly adult's funds, assets, or property.

CREDIT(S)

S.L. 1997, ch. 130, § 2.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-31-07.2

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-31. Miscellaneous Offenses

§ 12.1-31-07.2. Criminal proceeding involving a vulnerable adult--Speedy trial

In a criminal proceeding in which a disabled adult or vulnerable elderly adult is a victim, the court and state's attorney shall take appropriate action to ensure a speedy trial to minimize the length of time the disabled adult or vulnerable elderly adult must endure the stress of involvement in the proceedings. In ruling on any motion or other request for a delay or a continuance of proceedings, the court shall consider and give weight to any adverse impact the delay or continuance may have on the well-being of the disabled adult or vulnerable elderly adult.

CREDIT(S)

S.L. 1997, ch. 130, § 2.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-31-08

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-31. Miscellaneous Offenses

§ 12.1-31-08. Repealed by S.L. 2009, ch. 133, § 3, eff. August 1, 2009

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-31-09

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-31. Miscellaneous Offenses

§ 12.1-31-09. Fraudulent use of receipts and universal product code labels prohibited--Penalty

Except as otherwise provided in this section, any person who, with the intent to defraud a retailer, possesses, uses, utters, transfers, alters, counterfeits, or reproduces a retail sales receipt or a universal product code label is guilty of a class A misdemeanor. Any person who, with the intent to defraud a retailer, possesses fifteen or more fraudulent retail sales receipts or universal product code labels or who possesses a device the purpose of which is to manufacture fraudulent retail sales receipts or universal product code labels is guilty of a class C felony. For purposes of this section, “universal product code” means the twelve-digit identification number and bar code system developed by the uniform code council which is used to uniquely identify products.

CREDIT(S)

S.L. 2003, ch. 109, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-31-10

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-31. Miscellaneous Offenses

§ 12.1-31-10. Sale of bidis prohibited--Penalty

It is an infraction for any person to sell the tobacco product commonly referred to as bidis or beedies. For purposes of this section, “bidis” or “beedies” means a product containing tobacco which is wrapped in temburni leaf, also known as diospyros melanoxylon, or tendu leaf, also known as diospyros exculpra.

CREDIT(S)

S.L. 2003, ch. 110, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-31-11

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-31. Miscellaneous Offenses

§ 12.1-31-11. False representation of marital status

An individual is guilty of a class B misdemeanor if the individual lives openly and notoriously with an individual of the opposite sex as a married couple without being married to the other individual and falsely represents the couple's status as being married to each other.

CREDIT(S)

S.L. 2007, ch. 131, § 1, eff. Aug. 1, 2007.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-31-12

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-31. Miscellaneous Offenses

§ 12.1-31-12. (Contingent effective date--See note) Abortion--Affirmative defenses

1. As used in this section:

a. “Abortion” means the use or prescription of any substance, device, instrument, medicine, or drug to intentionally terminate the pregnancy of an individual known to be pregnant. The term does not include an act made with the intent to increase the probability of a live birth; preserve the life or health of a child after live birth; or remove a dead, unborn child who died as a result of a spontaneous miscarriage, an accidental trauma, or a criminal assault upon the pregnant female or her unborn child.

b. “Physician” means an individual licensed to practice medicine under chapter 43-17.

c. “Professional judgment” means a medical judgment that would be made by a reasonably prudent physician who is knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved.

2. It is a class C felony for a person, other than the pregnant female upon whom the abortion was performed, to perform an abortion.

3. The following are affirmative defenses under this section:

a. That the abortion was necessary in professional judgment and was intended to prevent the death of the pregnant female.

b. That the abortion was to terminate a pregnancy that resulted from gross sexual imposition, sexual imposition, sexual abuse of a ward, or incest, as those offenses are defined in chapter 12.1-20.

c. That the individual was acting within the scope of that individual's regulated profession and under the direction of or at the direction of a physician.

CREDIT(S)

S.L. 2007, ch. 132, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-31-13

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-31. Miscellaneous Offenses

§ 12.1-31-13. Tattooing, branding, subdermal implants, scarifying, and piercing--Minors

1. As used in this section:

a. “Brand” means the use of heat, cold, or any chemical compound to imprint permanent markings on an individual's skin.

b. “Pierce” means the puncture of any part of an individual's body to insert studs, pins, rings, chains, or other jewelry or adornment.

c. “Scarify” means to cut, tear, or abrade an individual's skin for the purpose of creating a permanent mark or design on the skin.

d. “Subdermal implant” means to insert a foreign object beneath the skin to decorate an individual's body.

e. “Tattoo” means to mark the skin of an individual by insertion of permanent colors through puncture of the skin.

2. It is a class B misdemeanor for a person, other than a licensed health care professional acting within that professional's scope of practice, to tattoo, brand, subdermal implant, scarify, or pierce an individual who is under eighteen years of age unless the tattooing, branding, subdermal implanting, scarifying, or piercing takes place in the presence of and with the written consent of the individual's parent or legal guardian.

3. It is a class B misdemeanor for a person to sell, trade, or otherwise provide materials or kits for tattooing, self-tattooing, branding, self-branding, scarifying, self-scarifying, subdermal implanting, self-subdermal implanting, body piercing, or self-body piercing to an individual who is under eighteen years of age.

4. A political subdivision may enact and enforce an ordinance restricting tattooing, branding, subdermal implanting, scarifying, and piercing or restricting the sale of tattooing, branding, subdermal implanting, scarifying, and piercing materials and kits if the ordinance is equal to or more stringent than this section.

CREDIT(S)

S.L. 2007, ch. 133, § 1, eff. Aug. 1, 2007.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-31-14

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-31. Miscellaneous Offenses

§ 12.1-31-14. Surreptitious intrusion or interference with privacy

1. An individual is guilty of a class B misdemeanor if, with intent to intrude upon or interfere with the privacy of another, the individual:

a. Enters upon another's property and surreptitiously gazes, stares, or peeps into a house or place of dwelling of another; or

b. Enters upon another's property and surreptitiously installs or uses any device for observing, photographing, recording, amplifying, or broadcasting sounds or events from a house or place of dwelling of another.

2. An individual is guilty of a class B misdemeanor if, with intent to intrude upon or interfere with the privacy of an occupant, the individual:

a. Surreptitiously gazes, stares, or peeps into a tanning booth, a sleeping room in a hotel, or other place where a reasonable individual would have an expectation of privacy; or

b. Surreptitiously installs or uses any device for observing, photographing, recording, amplifying, or broadcasting sounds or events from a tanning booth, a sleeping room in a hotel, or other place where a reasonable individual would have an expectation of privacy.

CREDIT(S)

S.L. 2011, ch. 100, § 3, eff. Aug. 1, 2011.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-31.1-01

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-31.1. Drug Paraphernalia [Repealed]

§§ 12.1-31.1-01 to 12.1-31.1-06. Repealed by S.L. 2001, ch. 214, § 10, eff. April 12, 2001

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-31.1-02

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-31.1. Drug Paraphernalia [Repealed]

§§ 12.1-31.1-01 to 12.1-31.1-06. Repealed by S.L. 2001, ch. 214, § 10, eff. April 12, 2001

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-31.1-03

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-31.1. Drug Paraphernalia [Repealed]

§§ 12.1-31.1-01 to 12.1-31.1-06. Repealed by S.L. 2001, ch. 214, § 10, eff. April 12, 2001

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-31.1-04

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-31.1. Drug Paraphernalia [Repealed]

§§ 12.1-31.1-01 to 12.1-31.1-06. Repealed by S.L. 2001, ch. 214, § 10, eff. April 12, 2001

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-31.1-05

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-31.1. Drug Paraphernalia [Repealed]

§§ 12.1-31.1-01 to 12.1-31.1-06. Repealed by S.L. 2001, ch. 214, § 10, eff. April 12, 2001

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-31.1-06

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-31.1. Drug Paraphernalia [Repealed]

§§ 12.1-31.1-01 to 12.1-31.1-06. Repealed by S.L. 2001, ch. 214, § 10, eff. April 12, 2001

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-31.2-01

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-31.2. Disorderly Conduct Restraining Order

§ 12.1-31.2-01. Disorderly conduct restraining order--Penalty

1. “Disorderly conduct” means intrusive or unwanted acts, words, or gestures that are intended to adversely affect the safety, security, or privacy of another person. Disorderly conduct does not include constitutionally protected activity.

2. A person who is a victim of disorderly conduct or the parent or guardian of a minor who is a victim of disorderly conduct may seek a disorderly conduct restraining order from any court of competent jurisdiction in the manner provided in this section.

3. A petition for relief must allege facts sufficient to show the name of the alleged victim, the name of the individual engaging in the disorderly conduct, and that the individual engaged in disorderly conduct. An affidavit made under oath stating the specific facts and circumstances supporting the relief sought must accompany the petition.

4. If the petition for relief alleges reasonable grounds to believe that an individual has engaged in disorderly conduct, the court, pending a full hearing, may grant a temporary disorderly conduct restraining order ordering the individual to cease or avoid the disorderly conduct or to have no contact with the person requesting the order. A temporary restraining order may be entered only against the individual named in the petition. The court may issue the temporary restraining order without giving notice to the respondent. Unless otherwise terminated by the court, the temporary restraining order is in effect until a restraining order issued under subsection 5 is served.

5. The court may grant a disorderly conduct restraining order ordering the respondent to cease or avoid the disorderly conduct or to have no contact with the applicant if:

a. A person files a petition under subsection 3;

b. The sheriff serves the respondent with a copy of the temporary restraining order issued under subsection 4 and with notice of the time and place of the hearing;

c. The court sets a hearing for not later than fourteen days after issuance of the temporary restraining order unless the time period is extended upon written consent of the parties, or upon a showing that the respondent has not been served with a copy of the temporary restraining order despite the exercise of due diligence; and

d. The court finds after the hearing that there are reasonable grounds to believe that the respondent has engaged in disorderly conduct. If a person claims to have been engaged in a constitutionally protected activity, the court shall determine the validity of the claim as a matter of law and, if found valid, shall exclude evidence of the activity.

6. A restraining order may be issued only against the individual named in the petition. Relief granted by the restraining order may not exceed a period of two years. The restraining order may be served on the respondent by publication pursuant to rule 4 of the North Dakota Rules of Civil Procedure.

7. A disorderly conduct restraining order must contain a conspicuous notice to the respondent providing:

a. The specific conduct that constitutes a violation of the order;

b. Notice that violation of the restraining order is punishable by imprisonment of up to one year or a fine of up to two thousand dollars or both; and

c. Notice that a peace officer may arrest the respondent without a warrant and take the respondent into custody if the peace officer has probable cause to believe the respondent has violated an order issued under this section.

8. If the respondent knows of an order issued under subsection 4 or 5, violation of the order is a class A misdemeanor. If the existence of an order issued under subsection 3 or 4 can be verified by a peace officer, the officer, without a warrant, may arrest and take into custody an individual whom the peace officer has probable cause to believe has violated the order.

9. The clerk of court shall transmit a copy of a restraining order by the close of the business day on which the order was granted to the local law enforcement agency with jurisdiction over the residence of the alleged victim of disorderly conduct. Each appropriate law enforcement agency may make available to its officers current information as to the existence and status of any restraining order involving disorderly conduct.

10. Notwithstanding subsection 5 of section 11-16-05, a state's attorney may advise and assist any person in the preparation of documents necessary to secure a restraining order under this section.

11. Fees for filing and service of process may not be charged to the petitioner in any proceeding seeking relief due to domestic violence under this chapter.

CREDIT(S)

S.L. 1993, ch. 125, § 2; S.L. 1995, ch. 133, §§ 1, 2; S.L. 2001, ch. 137, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-31.2-02

Formerly cited as ND ST 14-07.1-13

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-31.2. Disorderly Conduct Restraining Order

§ 12.1-31.2-02. Order prohibiting contact

1. If an individual who is charged with or arrested for a crime of violence or threat of violence, stalking, harassment, or a sex offense is released from custody before arraignment or trial, the court authorizing the release of the individual shall consider and may issue, if there is no outstanding restraining or protection order prohibiting the individual from having contact with the victim, an order prohibiting the individual from having contact with the victim. The order must contain the court's directives and must inform the individual that any violation of the order constitutes a criminal offense. The state's attorney shall provide a copy of the order to the victim. The court shall determine at the time of the individual's arraignment whether an order issued pursuant to this section will be extended. If the court issues an order pursuant to this section before the time the individual is charged, the order expires at the individual's arraignment or within seventy-two hours of issuance if charges against the individual are not filed.

2. If the court has probable cause to believe that the individual charged or arrested is likely to use, display, or threaten to use a firearm or dangerous weapon as defined in section 12.1-01-04 in any further act of violence, the court shall require that the individual surrender for safekeeping any firearm or specified dangerous weapon in or subject to the individual's immediate possession or control, to the sheriff of the county or chief of police of the city in which the individual resides.

3. Whenever an order prohibiting contact is issued, modified, extended, or terminated under this section, the clerk of court shall forward a copy of the order within one business day to the appropriate law enforcement agency specified in the order. Upon receipt of the copy of the order, the law enforcement agency shall enter the order for one year or until the date of expiration specified by the order into any information system available in the state that is used by law enforcement agencies to list outstanding warrants. The order is enforceable in any jurisdiction in this state.

4. An individual who violates a court order issued under this section is guilty of a class A misdemeanor.

5. A law enforcement officer shall arrest an individual without a warrant if the officer determines there is probable cause that the individual has committed the offense of violating an order prohibiting contact under this section, whether or not the violation was committed in the presence of the officer. A law enforcement officer who acts in good faith on probable cause and without malice is immune from any civil or criminal liability for making an arrest under this subsection.

CREDIT(S)

S.L. 2009, ch. 134, § 1, eff. Aug. 1, 2009.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-32-01

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-32. Penalties and Sentencing

§ 12.1-32-01. Classification of offenses--Penalties

Offenses are divided into seven classes, which are denominated and subject to maximum penalties, as follows:

1. Class AA felony, for which a maximum penalty of life imprisonment without parole may be imposed. The court must designate whether the life imprisonment sentence imposed is with or without an opportunity for parole. Notwithstanding the provisions of section 12-59-05, a person found guilty of a class AA felony and who receives a sentence of life imprisonment with parole, shall not be eligible to have that person's sentence considered by the parole board for thirty years, less sentence reduction earned for good conduct, after that person's admission to the penitentiary.

2. Class A felony, for which a maximum penalty of twenty years' imprisonment, a fine of ten thousand dollars, or both, may be imposed.

3. Class B felony, for which a maximum penalty of ten years' imprisonment, a fine of ten thousand dollars, or both, may be imposed.

4. Class C felony, for which a maximum penalty of five years' imprisonment, a fine of five thousand dollars, or both, may be imposed.

5. Class A misdemeanor, for which a maximum penalty of one year's imprisonment, a fine of two thousand dollars, or both, may be imposed.

6. Class B misdemeanor, for which a maximum penalty of thirty days' imprisonment, a fine of one thousand dollars, or both, may be imposed.

7. Infraction, for which a maximum fine of five hundred dollars may be imposed. Any person convicted of an infraction who has, within one year prior to commission of the infraction of which the person was convicted, been previously convicted of an offense classified as an infraction may be sentenced as though convicted of a class B misdemeanor. If the prosecution contends that the infraction is punishable as a class B misdemeanor, the complaint shall specify that the offense is a misdemeanor.

This section shall not be construed to forbid sentencing under section 12.1-32-09, relating to extended sentences.

CREDIT(S)

S.L. 1973, ch. 116, § 31; S.L. 1975, ch. 116, § 23; S.L. 1979, ch. 177, § 2; S.L. 1995, ch. 134, § 1; S.L. 1997, ch. 132, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-32-01.1

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-32. Penalties and Sentencing

§ 12.1-32-01.1. Organizational fines

Any organization, as defined in section 12.1-03-04, shall, upon conviction, be subject to a maximum fine in accordance with the following classification:

1. For a class A felony, a maximum fine of fifty thousand dollars.

2. For a class B felony, a maximum fine of thirty-five thousand dollars.

3. For a class C felony, a maximum fine of twenty-five thousand dollars.

4. For a class A misdemeanor, a maximum fine of fifteen thousand dollars.

5. For a class B misdemeanor, a maximum fine of ten thousand dollars.

Nothing in this section shall be construed as preventing the imposition of the sanction provided for in section 12.1-32-03, nor as preventing the prosecution of agents of the organization under section 12.1-03-03.

CREDIT(S)

S.L. 1975, ch. 116, § 24.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-32-02

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-32. Penalties and Sentencing

§ 12.1-32-02. Sentencing alternatives--Credit for time in custody--Diagnostic testing

1. Every person convicted of an offense who is sentenced by the court must be sentenced to one or a combination of the following alternatives, unless the sentencing alternatives are otherwise specifically provided in the statute defining the offense or sentencing is deferred under subsection 4:

a. Payment of the reasonable costs of the person's prosecution.

b. Probation.

c. A term of imprisonment, including intermittent imprisonment:

(1) In a state correctional facility in accordance with section 29-27-07, in a regional corrections center, or in a county jail, if convicted of a felony or a class A misdemeanor.

(2) In a county jail or in a regional corrections center, if convicted of a class B misdemeanor.

(3) In a facility or program deemed appropriate for the treatment of the individual offender, including available community-based programs.

(4) In the case of persons convicted of an offense who are under eighteen years of age at the time of sentencing, the court is limited to sentencing the minor defendant to a term of imprisonment in the custody of the department of corrections and rehabilitation.

d. A fine.

e. Restitution for damages resulting from the commission of the offense.

f. Restoration of damaged property or other appropriate work detail.

g. Commitment to an appropriate licensed public or private institution for treatment of alcoholism, drug addiction, or mental disease or defect.

h. Commitment to a sexual offender treatment program.

Except as provided by section 12.1-32-06.1, sentences imposed under this subsection may not exceed in duration the maximum sentences of imprisonment provided by section 12.1-32-01, section 12.1-32-09, or as provided specifically in a statute defining an offense. This subsection does not permit the unconditional discharge of an offender following conviction. A sentence under subdivision e or f must be imposed in the manner provided in section 12.1-32-08.

2. Credit against any sentence to a term of imprisonment must be given by the court to a defendant for all time spent in custody as a result of the criminal charge for which the sentence was imposed or as a result of the conduct on which such charge was based. “Time spent in custody” includes time spent in custody in a jail or mental institution for the offense charged, whether that time is spent prior to trial, during trial, pending sentence, or pending appeal. The total amount of credit the defendant is entitled to for time spent in custody must be stated in the criminal judgment.

3. A court may suspend the execution of all or a part of the sentence imposed. The court shall place the defendant on probation during the term of suspension.

4. A court, upon application or its own motion, may defer imposition of sentence. The court must place the defendant on probation during the period of deferment. An order deferring imposition of sentence is reviewable upon appeal from a verdict or judgment. In any subsequent prosecution, for any other offense, the prior conviction for which imposition of sentence is deferred may be pleaded and proved, and has the same effect as if probation had not been granted or the information or indictment dismissed under section 12.1-32-07.1.

5. A court may, prior to imposition of sentence, order the convicted offender committed to an appropriate licensed public or private institution for diagnostic testing for such period of time as may be necessary, but not to exceed thirty days. The court may, by subsequent order, extend the period of commitment for not to exceed thirty additional days. The court may also order such diagnostic testing without ordering commitment to an institution. Validity of a sentence must not be challenged on the ground that diagnostic testing was not performed pursuant to this subsection.

6. All sentences imposed must be accompanied by a written statement by the court setting forth the reasons for imposing the particular sentence. The statement must become part of the record of the case.

7. If an offender is sentenced to a term of imprisonment, that term of imprisonment commences at the time of sentencing, unless, upon motion of the defendant, the court orders the term to commence at some other time.

8. Unless otherwise specifically authorized in the statute defining the offense, a court may not include a minimum term of imprisonment as part of its sentence.

9. A person who is convicted of a felony and sentenced to imprisonment for not more than one year is deemed to have been convicted of a misdemeanor upon successful completion of the term of imprisonment and a term of probation imposed as a part of the sentence. This subsection does not apply to a person convicted of violating subdivision a, b, or c of subsection 1 of section 19-03.1-23.

10. A court shall order a defendant to pay fifty dollars to the department of corrections and rehabilitation at the time a presentence investigation is initiated to partially defray the costs incurred by the department for the preparation of the presentence report. The court may also order that any additional costs incurred by the department relating to the presentence investigation and report be paid by the defendant at a rate of payment up to the full costs of conducting the investigation and preparing the report as established by the department.

11. Before sentencing a defendant on a felony charge under section 12.1-20-03, 12.1-20-03.1, 12.1-20-11, 12.1-27.2-02, 12.1-27.2-03, 12.1-27.2-04, or 12.1-27.2-05, a court shall order the department of corrections and rehabilitation to conduct a presentence investigation and to prepare a presentence report. A presentence investigation for a charge under section 12.1-20-03 must include a risk assessment. A court may order the inclusion of a risk assessment in any presentence investigation. In all felony or class A misdemeanor offenses, in which force, as defined in section 12.1-01-04, or threat of force is an element of the offense or in violation of section 12.1-22-02, or an attempt to commit the offenses, a court, unless a presentence investigation has been ordered, must receive a criminal record report before the sentencing of the defendant. Unless otherwise ordered by the court, the criminal record report must be conducted by the department of corrections and rehabilitation after consulting with the prosecuting attorney regarding the defendant's criminal record. The criminal record report must be in writing, filed with the court before sentencing, and made a part of the court's record of the sentencing proceeding.

CREDIT(S)

S.L. 1973, ch. 116, § 31; S.L. 1975, ch. 116, §§ 25 to 27; S.L. 1975, ch. 120, § 1; S.L. 1981, ch. 152, § 2; S.L. 1989, ch. 158, § 2; S.L. 1989, ch. 172, § 1; S.L. 1991, ch. 116, §§ 17, 18; S.L. 1993, ch. 128, § 1; S.L. 1993, ch. 129, §§ 1, 2; S.L. 1995, ch. 120, § 17; S.L. 1995, ch. 124, § 5; S.L. 1995, ch. 135, § 1; S.L. 1995, ch. 136, § 3; S.L. 1997, ch. 118, § 2; S.L. 1997, ch. 124, § 3; S.L. 2001, ch. 138, § 1; S.L. 2005, ch. 598, § 1; S.L. 2007, ch. 134, § 1, eff. Aug. 1, 2007; S.L. 2009, ch. 135, § 1, eff. Aug. 1, 2009.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-32-02.1

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-32. Penalties and Sentencing

§ 12.1-32-02.1. Mandatory prison terms for armed offenders

1. Notwithstanding any other provision of this title, a term of imprisonment must be imposed upon an offender and served without benefit of parole when, in the course of committing an offense, the offender inflicts or attempts to inflict bodily injury upon another, threatens or menaces another with imminent bodily injury with a dangerous weapon, explosive, destructive device, or firearm, or possesses or has within immediate reach and control a dangerous weapon, explosive, destructive device, or firearm while in the course of committing an offense under subsection 1, 2, or, except for the simple possession of marijuana, 6 of section 19-03.1-23. This requirement applies only when possession of a dangerous weapon, explosive, destructive device, or firearm has been charged and admitted or found to be true in the manner provided by law, and must be imposed as follows:

a. If the offense for which the offender is convicted is a class A or class B felony, the court shall impose a minimum sentence of four years' imprisonment.

b. If the offense for which the offender is convicted is a class C felony, the court shall impose a minimum sentence of two years' imprisonment.

2. This section applies even when being armed is an element of the offense for which the offender is convicted.

3. An offender serving a sentence subject to this section may be eligible to participate in a release program under section 12-48.1-02 during the last six months of the offender's sentence.

CREDIT(S)

S.L. 1977, ch. 127, § 1; S.L. 1983, ch. 170, § 1; S.L. 1993, ch. 128, § 2; S.L. 2003, ch. 111, § 1; S.L. 2011, ch. 101, § 2, eff. Aug. 1, 2011.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-32-02.2

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-32. Penalties and Sentencing

§ 12.1-32-02.2. Repayment of rewards paid by crimestoppers programs--Duties of attorney general--Qualified local programs--Disbursement of moneys collected

1. After a defendant has been convicted of a felony, the court may order the defendant to repay all or part of any reward paid by a qualified local program. In determining whether the defendant must repay the reward or part of the reward, the court shall consider:

a. The ability of the defendant to make the payments, including any financial hardship that payment may cause to the defendant's dependents.

b. Whether the information that was reported to the qualified local program substantially contributed to the defendant being charged with the offense. To the extent allowed by law, the court shall respect the confidentiality of the records of the qualified local program.

2. “A qualified local program” means a program approved by the attorney general to receive repayment of rewards. The attorney general shall consider the organization, continuity, leadership, community support, and general conduct of the program to determine whether the repayments will be spent to further crime prevention purposes of the program. The attorney general also shall determine that the qualified local program provides rewards to persons who report information concerning criminal activity and whether that information substantially leads to defendants being charged with felonies.

3. If the court determines that a defendant is capable of repaying all or any part of a reward paid by a qualified local program, the judgment must include a statement of the amount owed, the identity of the qualified local program, and a schedule, if any, of payments to be made by the defendant. The clerk of court may establish an account within which to deposit repayments of rewards and at least quarterly shall pay over to each qualified local program the sums that have been collected for the benefit of that program.

4. A judgment that includes a repayment of reward, either alone or in conjunction with section 29-26-22, may be docketed and thereafter constitutes a lien upon the real estate of the defendant in the same manner as a judgment for money rendered in a civil action.

CREDIT(S)

S.L. 1991, ch. 133, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-32-03

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-32. Penalties and Sentencing

§ 12.1-32-03. Special sanction for organizations

When an organization is convicted of an offense, the court may, in addition to any other sentence which may be imposed, require the organization to give notice of its conviction to the persons or class of persons ostensibly harmed by the offense, by mail or by advertising in designated areas or by designated media or otherwise.

CREDIT(S)

S.L. 1973, ch. 116, § 31.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-32-03.1

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-32. Penalties and Sentencing

§ 12.1-32-03.1. Procedure for trial of infraction--Incidents

1. Except as provided in this subsection, all procedural provisions relating to the trial of criminal cases as provided in the statutes or rules relating to criminal procedure shall apply to the trial of a person charged with an infraction. A person charged with an infraction is not entitled to be furnished counsel at public expense nor to have a trial by jury unless the person may be subject to a sentence of imprisonment under subsection 7 of section 12.1-32-01.

2. Except as provided in this title, all provisions of law and rules of criminal procedure relating to misdemeanors shall apply to infractions, including, but not limited to, the powers of law enforcement officers, the jurisdiction of courts, the periods for commencing action and bringing a case to trial, and the burden of proof.

3. Following conviction of an infraction, the offender may be sentenced in accordance with subsection 1 of section 12.1-32-02, except that a term of imprisonment may not be imposed except in accordance with subsection 3 of section 12.1-32-05, or subsection 7 of section 12.1-32-01.

4. If a statute provides that conduct is an infraction without specifically including a requirement of culpability, no culpability is required.

CREDIT(S)

S.L. 1975, ch. 116, § 28.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-32-04

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-32. Penalties and Sentencing

§ 12.1-32-04. Factors to be considered in sentencing decision

The following factors, or the converse thereof where appropriate, while not controlling the discretion of the court, shall be accorded weight in making determinations regarding the desirability of sentencing an offender to imprisonment:

1. The defendant's criminal conduct neither caused nor threatened serious harm to another person or his property.

2. The defendant did not plan or expect that his criminal conduct would cause or threaten serious harm to another person or his property.

3. The defendant acted under strong provocation.

4. There were substantial grounds which, though insufficient to establish a legal defense, tend to excuse or justify the defendant's conduct.

5. The victim of the defendant's conduct induced or facilitated its commission.

6. The defendant has made or will make restitution or reparation to the victim of his conduct for the damage or injury which was sustained.

7. The defendant has no history of prior delinquency or criminal activity, or has led a law-abiding life for a substantial period of time before the commission of the present offense.

8. The defendant's conduct was the result of circumstances unlikely to recur.

9. The character, history, and attitudes of the defendant indicate that he is unlikely to commit another crime.

10. The defendant is particularly likely to respond affirmatively to probationary treatment.

11. The imprisonment of the defendant would entail undue hardship to himself or his dependents.

12. The defendant is elderly or in poor health.

13. The defendant did not abuse a public position of responsibility or trust.

14. The defendant cooperated with law enforcement authorities by bringing other offenders to justice, or otherwise cooperated.

Nothing herein shall be deemed to require explicit reference to these factors in a presentence report or by the court at sentencing.

CREDIT(S)

S.L. 1973, ch. 116, § 31.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-32-04.1

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-32. Penalties and Sentencing

§ 12.1-32-04.1. Gross sexual imposition--Deferred imposition of sentence

A person who violates subdivision d of subsection 1 or subdivision a of subsection 2 of section 12.1-20-03 may not receive a deferred imposition of sentence unless that person proves at sentencing by clear and convincing evidence that that person reasonably believed the victim to be fifteen years of age or older.

CREDIT(S)

S.L. 1997, ch. 122, § 4.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-32-05

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-32. Penalties and Sentencing

§ 12.1-32-05. Imposition of fine--Response to nonpayment

1. The court, in making a determination of the propriety of imposing a sentence to pay a fine, shall consider the following factors:

a. The ability of the defendant to pay without undue hardship.

b. Whether the defendant, other than a defendant organization, gained money or property as a result of commission.

c. Whether the sentence to pay a fine will interfere with the defendant's capacity to make restitution.

d. Whether a sentence to pay a fine will serve a valid rehabilitative purpose.

2. The court may allow the defendant to pay any fine imposed in installments. When a defendant is sentenced to pay a fine, the court shall not impose at the same time an alternative sentence to be served in the event that the fine is not paid.

3. If the defendant does not pay the fine, or make any required partial payment, the court, upon motion of the prosecuting attorney or on its own motion, may issue an order to show cause why the defendant should not be imprisoned for nonpayment. Unless the defendant shows that his default is excusable, the court may sentence him to the following periods of imprisonment for failure to pay a fine:

a. If the defendant was convicted of a misdemeanor, to a period not to exceed thirty days.

b. If the defendant was convicted of a felony, to a period not to exceed six months.

CREDIT(S)

S.L. 1973, ch. 116, § 31.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-32-06

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-32. Penalties and Sentencing

§ 12.1-32-06. Repealed

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-32-06.1

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-32. Penalties and Sentencing

§ 12.1-32-06.1. Length and termination of probation--Additional probation for violation of conditions--Penalty

1. Except as provided in this section, the length of the period of probation imposed in conjunction with a sentence to probation or a suspended execution or deferred imposition of sentence may not extend for more than five years for a felony and two years for a misdemeanor or infraction from the later of the date of:

a. The order imposing probation;

b. The defendant's release from incarceration; or

c. Termination of the defendant's parole.

2. If the defendant has pled or been found guilty of an offense for which the court imposes a sentence of restitution or reparation for damages resulting from the commission of the offense, the court may, following a restitution hearing pursuant to section 12.1-32-08, impose an additional period of probation not to exceed five years.

3. If the defendant has pled or been found guilty of a felony sexual offense in violation of chapter 12.1-20, the court shall impose at least five years but not more than ten years of supervised probation to be served after sentencing or incarceration. If the defendant has pled or been found guilty of a class AA felony sexual offense in violation of section 12.1-20-03 or 12.1-20-03.1, the court may impose lifetime supervised probation on the defendant. If the defendant has pled or been found guilty of a misdemeanor sexual offense in violation of chapter 12.1-20, the court may impose an additional period of probation not to exceed two years. If the unserved portion of the defendant's maximum period of incarceration is less than one year, a violation of the probation imposed under this subsection is a class A misdemeanor.

4. If the defendant has pled or been found guilty of abandonment or nonsupport of spouse or children, the period of probation may be continued for as long as responsibility for support continues.

5. In felony cases, in consequence of violation of probation conditions, the court may impose an additional period of probation not to exceed five years. The additional period of probation may follow a period of incarceration if the defendant has not served the maximum period of incarceration available at the time of initial sentencing or deferment.

6. The court may terminate a period of probation and discharge the defendant at any time earlier than that provided in subsection 1 if warranted by the conduct of the defendant and the ends of justice.

7. Notwithstanding the fact that a sentence to probation subsequently can be modified or revoked, a judgment that includes such a sentence constitutes a final judgment for all other purposes.

CREDIT(S)

S.L. 1989, ch. 158, § 3; S.L. 1995, ch. 135, § 2; S.L. 1995, ch. 137, § 1; S.L. 1997, ch. 124, § 4; S.L. 2005, ch. 115, § 4; S.L. 2007, ch. 123, § 4, eff. Aug. 1, 2007.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-32-07

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-32. Penalties and Sentencing

§ 12.1-32-07. Supervision of probationer--Conditions of probation--Revocation

1. When the court imposes probation upon conviction for a felony, the court shall place the defendant under the supervision and management of the department of corrections and rehabilitation. In class A misdemeanor cases, except for a violation of subdivision b of subsection 2 of section 12.1-17-01, the court may place the defendant under the supervision and management of the department of corrections and rehabilitation or other responsible party. In all other cases, the court may place the defendant under the supervision and management of a community corrections program other than the department of corrections and rehabilitation. If an appropriate community corrections program is not reasonably available, the court may place the defendant under the supervision and management of the department of corrections and rehabilitation. The department of corrections and rehabilitation may arrange for the supervision and management of the defendant by a community corrections program selected by the department of corrections and rehabilitation. A community corrections program means a program for the supervision of a defendant, including monitoring and enforcement of terms and conditions of probation set by the court or pursuant to a conditional release from the physical custody of a correctional facility or the department of corrections and rehabilitation.

2. The conditions of probation must be such as the court in its discretion deems reasonably necessary to ensure that the defendant will lead a law-abiding life or to assist the defendant to do so. The court shall provide as an explicit condition of every probation that the defendant not commit another offense during the period for which the probation remains subject to revocation. The court shall order supervision costs and fees of not less than forty-five dollars per month unless the court makes a specific finding on record that the imposition of fees will result in an undue hardship. If the offender has not paid the full amount of supervision fees and costs before completion or termination of probation, the court may issue an order, after opportunity for hearing, to determine the amount of supervision fees and costs that are unpaid. The order may be filed, transcribed, and enforced by the department of corrections and rehabilitation in the same manner as civil judgments rendered by a district court of this state.

3. The court shall provide as an explicit condition of every probation that the defendant may not possess a firearm, destructive device, or other dangerous weapon while the defendant is on probation. Except when the offense is a misdemeanor offense under section 12.1-17-01, 12.1-17-01.1, 12.1-17-05, or 12.1-17-07.1, or chapter 14-07.1, the court may waive this condition of probation if the defendant has pled guilty to, or has been found guilty of, a misdemeanor or infraction offense, the misdemeanor or infraction is the defendant's first offense, and the court has made a specific finding on the record before imposition of a sentence or a probation that there is good cause to waive the condition. The court may not waive this condition of probation if the court places the defendant under the supervision and management of the department of corrections and rehabilitation. The court shall provide as an explicit condition of probation that the defendant may not willfully defraud a urine test administered as a condition of probation. Unless waived on the record by the court, the court shall also provide as a condition of probation that the defendant undergo various agreed-to community constraints and conditions as intermediate measures of the department of corrections and rehabilitation to avoid revocation, which may include:

a. Community service;

b. Day reporting;

c. Curfew;

d. Home confinement;

e. House arrest;

f. Electronic monitoring;

g. Residential halfway house;

h. Intensive supervision program; or

i. Participation in the twenty-four seven sobriety program.

4. When imposing a sentence to probation, probation in conjunction with imprisonment, or probation in conjunction with suspended execution or deferred imposition of sentence, the court may impose such conditions as it deems appropriate and may include any one or more of the following:

a. Work faithfully at a suitable employment or faithfully pursue a course of study or of career and technical education training that will equip the defendant for suitable employment.

b. Undergo available medical or psychiatric treatment and remain in a specified institution if required for that purpose.

c. Attend or reside in a facility established for the instruction, recreation, or residence of persons on probation.

d. Support the defendant's dependents and meet other family responsibilities.

e. Make restitution or reparation to the victim of the defendant's conduct for the damage or injury which was sustained or perform other reasonable assigned work. When restitution, reparation, or assigned work is a condition of probation, the court shall proceed as provided in subsection 1 or 2, as applicable, of section 12.1-32-08.

f. Pay a fine imposed after consideration of the provisions of section 12.1-32-05, except when imposition of sentence is deferred.

g. Refrain from excessive use of alcohol or any use of narcotics or of another dangerous or abusable drug without a prescription.

h. Permit the probation officer to visit the defendant at reasonable times at the defendant's home or elsewhere.

i. Remain within the jurisdiction of the court, unless granted permission to leave by the court or the probation officer.

j. Answer all reasonable inquiries by the probation officer and promptly notify the probation officer of any change in address or employment.

k. Report to a probation officer at reasonable times as directed by the court or the probation officer.

l. Submit to a medical examination or other reasonable testing for the purpose of determining the defendant's use of narcotics, marijuana, or other controlled substance whenever required by a probation officer.

m. Refrain from associating with known users or traffickers in narcotics, marijuana, or other controlled substances.

n. Submit the defendant's person, place of residence, or vehicle to search and seizure by a probation officer at any time of the day or night, with or without a search warrant.

o. Serve a term of imprisonment of up to one-half of the maximum term authorized for the offense of which the defendant was convicted or one year, whichever is less.

p. Reimburse the costs and expenses determined necessary for the defendant's adequate defense when counsel is appointed or provided at public expense for the defendant. When reimbursement of indigent defense costs and expenses is imposed as a condition of probation, the court shall proceed as provided in subsection 4 of section 12.1-32-08.

q. Provide community service for the number of hours designated by the court.

r. Refrain from any subscription to, access to, or use of the internet.

5. When the court imposes a sentence to probation, probation in conjunction with imprisonment, or probation in conjunction with suspended execution or deferred imposition of sentence, the defendant must be given a certificate explicitly setting forth the conditions on which the defendant is being released.

6. The court, upon notice to the probationer and with good cause, may modify or enlarge the conditions of probation at any time prior to the expiration or termination of the period for which the probation remains conditional. If the defendant violates a condition of probation at any time before the expiration or termination of the period, the court may continue the defendant on the existing probation, with or without modifying or enlarging the conditions, or may revoke the probation and impose any other sentence that was available under section 12.1-32-02 or 12.1-32-09 at the time of initial sentencing or deferment. In the case of suspended execution of sentence, the court may revoke the probation and cause the defendant to suffer the penalty of the sentence previously imposed upon the defendant.

7. The court may continue or modify probation conditions or revoke probation for a violation of probation conditions occurring before the expiration or termination of the period of probation notwithstanding that the order of the court is imposed after the expiration or termination has occurred. The petition for revocation must be issued within sixty days of the expiration or termination of probation.

8. Jurisdiction over a probationer may be transferred from the court that imposed the sentence to another court of this state with the concurrence of both courts. Retransfers of jurisdiction may also occur in the same manner. The court to which jurisdiction has been transferred under this subsection may exercise all powers permissible under this chapter over the defendant.

9. Notwithstanding any other provision of law, the court may authorize the defendant to assist law enforcement officers in an investigation of a criminal offense upon the terms and conditions as the court may require by written order. The court shall hold a hearing in camera before issuing an order under this subsection. The order must be sealed and is subject to inspection only upon order of the court.

CREDIT(S)

S.L. 1973, ch. 116, § 31; S.L. 1989, ch. 158, § 4; S.L. 1991, ch. 134, §§ 1, 2; S.L. 1993, ch. 114, § 3; S.L. 1993, ch. 130, § 1; S.L. 1993, ch. 131, §§ 1, 2; S.L. 1993, ch. 132, §§ 1, 2; S.L. 1995, ch. 138, § 1; S.L. 1997, ch. 133, § 1; S.L. 1999, ch. 16, § 6; S.L. 1999, ch. 124, § 2; S.L. 2001, ch. 130, § 2; S.L. 2001, ch. 133, § 3; S.L. 2001, ch. 139, § 1; S.L. 2003, ch. 112, § 2; S.L. 2003, ch. 138, § 9; S.L. 2005, ch. 43, § 8; S.L. 2005, ch. 113, § 2; S.L. 2007, ch. 15, § 5, eff. July 1, 2007; S.L. 2007, ch. 119, § 3, eff. Aug. 1, 2007; S.L. 2007, ch. 135, § 1, eff. Aug. 1, 2007; S.L. 2009, ch. 469, § 2, eff. July 1, 2009.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-32-07.1

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-32. Penalties and Sentencing

§ 12.1-32-07.1. Release, discharge, or termination of probation

1. Whenever a person has been placed on probation and in the judgment of the court that person has satisfactorily met the conditions of probation, the court shall cause to be issued to the person a final discharge from further supervision.

2. Whenever a person has been placed on probation pursuant to subsection 4 of section 12.1-32-02, the court at any time, when the ends of justice will be served, and when reformation of the probationer warrants, may terminate the period of probation and discharge the person so held. A person convicted of gross sexual imposition under subdivision a of subsection 1 of section 12.1-20-03 is not entitled to early termination of probation pursuant to this section, unless the court finds after at least eight years of supervised probation that further supervision would impose a manifest injustice as defined in section 39-01-01. Every defendant who has fulfilled the conditions of probation for the entire period, or who has been discharged from probation prior to termination of the probation period, may at any time be permitted in the discretion of the court to withdraw the defendant's plea of guilty. The court may in its discretion set aside the verdict of guilty. In either case, the court may dismiss the information or indictment against the defendant. The court may, upon its own motion or upon application by the defendant and before dismissing the information or indictment, reduce to a misdemeanor a felony conviction for which the plea of guilty has been withdrawn or set aside. The defendant must then be released from all penalties and disabilities resulting from the offense or crime of which the defendant has been convicted except as provided by sections 12.1-32-15 and 62.1-02-01.

CREDIT(S)

S.L. 1989, ch. 158, § 5; S.L. 2007, ch. 123, § 5, eff. Aug. 1, 2007.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-32-07.2

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-32. Penalties and Sentencing

§ 12.1-32-07.2. Records and filing of papers

1. Whenever the court orders that a person convicted of a felony is to be placed on probation, the clerk of the court in which the order is entered immediately shall make full copies of the judgment or order of the court with the conditions of probation and shall certify the same to the director of parole and probation of the department of corrections and rehabilitation. Upon the disposition of any criminal case, the clerk of court shall transmit to the department of corrections and rehabilitation statistical data, in accordance with rules adopted by the department, regarding all defendants whether found guilty or discharged.

2. Whenever imposition of sentence is deferred and, pursuant to section 12.1-32-07.1, the plea of guilty is withdrawn by the defendant or the verdict of guilty is set aside by the court, the clerk of court shall file all papers, including the findings and final orders in proceedings under section 12.1-32-07.1, and shall note the date of filing on the papers. The records and papers are subject to examination by the clerk, a judge of the court, the juvenile commissioner, probation officers, the defendant or defendant's counsel, and the state's attorney. Others may examine the records and papers only upon the written order of a judge of the court.

CREDIT(S)

S.L. 1989, ch. 158, § 6; S.L. 1991, ch. 135, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-32-07.3

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-32. Penalties and Sentencing

§ 12.1-32-07.3. When probationer deemed escapee and fugitive from justice

A probationer is considered an escapee and a fugitive from justice if the probationer leaves the jurisdiction before the expiration of the probationary period without permission of the court or the department of corrections and rehabilitation.

CREDIT(S)

S.L. 1989, ch. 158, § 7; S.L. 1991, ch. 135, § 2.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-32-08

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-32. Penalties and Sentencing

§ 12.1-32-08. Hearing prior to ordering restitution, reparation, or reimbursement of indigent defense costs and expenses--Conditions--Collection of restitution for insufficient funds checks--Continuing appropriation

1. Before imposing restitution or reparation as a sentence or condition of probation, the court shall hold a hearing on the matter with notice to the prosecuting attorney and to the defendant as to the nature and amount of restitution. The court, when sentencing a person adjudged guilty of criminal activities that have resulted in pecuniary damages, in addition to any other sentence the court may impose, shall order that the defendant make restitution to the victim or other recipient as determined by the court, unless the court states on the record, based upon the criteria in this subsection, the reason it does not order restitution or orders only partial restitution. Restitution must include payment to the owner of real property that is contaminated by the defendant in the manufacturing of methamphetamine for the cost of removing the contamination and returning the property to the property's condition before contamination and to any other person that has incurred costs in decontaminating the property. In determining whether to order restitution, the court shall take into account:

a. The reasonable damages sustained by the victim or victims of the criminal offense, which damages are limited to those directly related to the criminal offense and expenses actually incurred as a direct result of the defendant's criminal action. This can include an amount equal to the cost of necessary and related professional services and devices relating to physical, psychiatric, and psychological care. The defendant may be required as part of the sentence imposed by the court to pay the prescribed treatment costs for a victim of a sexual offense as defined in chapters 12.1-20 and 12.1-27.2.

b. The ability of the defendant to restore the fruits of the criminal action or to pay monetary reparations, or to otherwise take action to restore the victim's property.

c. The likelihood that attaching a condition relating to restitution or reparation will serve a valid rehabilitational purpose in the case of the particular offender considered.

The court shall fix the amount of restitution or reparation, which may not exceed an amount the defendant can or will be able to pay, and shall fix the manner of performance of any condition or conditions of probation established pursuant to this subsection. The court shall order restitution be paid to the division of adult services for any benefits the division has paid or may pay under chapter 54-23.4 unless the court, on the record, directs otherwise. Any payments made pursuant to the order must be deducted from damages awarded in a civil action arising from the same incident. An order that a defendant make restitution or reparation as a sentence or condition of probation may, unless the court directs otherwise, be filed, transcribed, and enforced by the person entitled to the restitution or reparation or by the division of adult services in the same manner as civil judgments rendered by the courts of this state may be enforced.

2. When the restitution ordered by the court under subsection 1 is the result of a finding that the defendant issued a check or draft without sufficient funds or without an account, the court shall impose as costs the greater of the sum of ten dollars or an amount equal to twenty-five percent of the amount of restitution ordered. The costs imposed under this subsection, however, may not exceed one thousand dollars. The state-employed clerks of district court shall remit the funds collected as costs under this subsection to the state treasurer for deposit in the restitution collection assistance fund. The funds deposited into the restitution collection assistance fund are appropriated to the judicial branch on a continuing basis for the purpose of defraying expenses incident to the collection of restitution, including operating expenses and the compensation of additional necessary personnel. The state's attorneys and county-employed clerks of district court shall remit the funds collected as costs under this subsection to the county treasurer to be deposited in the county general fund.

3. The court may order the defendant to perform reasonable assigned work as a condition of probation, which assigned work need not be related to the offense charged, but must not be solely for the benefit of a private individual other than the victim.

4. a. Under section 12.1-32-07, the court may order that the defendant reimburse indigent defense costs and expenses as a condition of probation. Unless it finds that there is no likelihood that the defendant is or will be able to pay attorney's fees and expenses, the court, in its judgment of conviction, and in any order or amended judgment following a revocation or other postjudgment proceeding, shall notify the defendant, the defendant's probation officer, and the prosecuting attorney of the presumed amount of costs and expenses to be reimbursed, as determined by the commission on legal counsel for indigents, and of the right to a hearing on the reimbursement amount. The reimbursement amount must include an application fee imposed under section 29-07-01.1 if the fee has not been paid before disposition of the case and the court has not waived payment of the fee. If the defendant or prosecutor requests a hearing within thirty days of receiving notice under this subdivision, the court shall schedule a hearing at which the actual amount of attorney's fees and expenses must be shown. In determining the amount and method of reimbursement, the court shall consider the financial resources of the defendant and the nature of the burden that reimbursement of costs and expenses will impose.

b. A defendant who is required to reimburse indigent defense costs and expenses as a condition of probation and who is not willfully in default in that reimbursement may at any time petition the court that imposed the condition to waive reimbursement of all or any portion of the costs and expenses. If the court is satisfied that reimbursement of the amount due will impose undue hardship on the defendant or the defendant's immediate family, the court may waive reimbursement of all or any portion of the amount due or modify the method of payment.

c. If at any time the court finds that the defendant is able to reimburse costs and expenses and has willfully failed to do so, the court may continue, modify, or enlarge the conditions of probation or revoke probation as provided in subsection 6 or 7, as applicable, of section 12.1-32-07.

5. If the court finds that the defendant is unable to pay a fine, supervision fee, reimbursement for indigent defense costs and expenses, or restitution or reparations, the court may order the defendant to perform reasonable assigned work in lieu of all or part of a fine, a supervision fee, reimbursement for indigent defense costs and expenses, or restitution or reparations. The defendant may not perform reasonable assigned work in lieu of restitution or reparations unless the person entitled to restitution or reparations has consented in writing or on the record.

CREDIT(S)

S.L. 1973, ch. 116, § 31; S.L. 1975, ch. 116, § 29; S.L. 1987, ch. 173, § 1; S.L. 1993, ch. 132, § 3; S.L. 1997, ch. 133, § 2; S.L. 1997, ch. 134, § 1; S.L. 2001, ch. 41, § 11; S.L. 2001, ch. 299, § 1; S.L. 2003, ch. 112, § 3; S.L. 2005, ch. 120, § 1; S.L. 2007, ch. 119, § 4, eff. Aug. 1, 2007; S.L. 2009, ch. 112, § 2, eff. Aug. 1, 2009.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-32-09

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-32. Penalties and Sentencing

§ 12.1-32-09. Dangerous special offenders--Habitual offenders--Extended sentences--Procedure

1. A court may sentence a convicted offender to an extended sentence as a dangerous special offender or a habitual offender in accordance with this section upon a finding of any one or more of the following:

a. The convicted offender is a dangerous, mentally abnormal person whose conduct has been characterized by persistent aggressive behavior and the behavior makes the offender a serious danger to other persons.

b. The convicted offender is a professional criminal who has substantial income or resources derived from criminal activity.

c. The convicted offender is a habitual offender. The court may not make such a finding unless the offender is an adult and has previously been convicted in any state or states or by the United States of two felonies of class C or above committed at different times when the offender was an adult. For the purposes of this subdivision, a felony conviction in another state or under the laws of the United States is considered a felony of class C or above if it is punishable by a maximum term of imprisonment of five years or more.

d. The offender was convicted of an offense that seriously endangered the life of another person and the offender had previously been convicted of a similar offense.

e. The offender is especially dangerous because the offender used a firearm, dangerous weapon, or destructive device in the commission of the offense or during the flight therefrom.

A conviction shown on direct or collateral review or at the hearing to be invalid or for which the offender has been pardoned on the ground of innocence must be disregarded for purposes of subdivision c. In support of findings under subdivision b, it may be shown that the offender has had control of income or property not explained as derived from a source other than criminal activity. For purposes of subdivision b, a substantial source of income means a source of income which for any period of one year or more exceeds the minimum wage, determined on the basis of a forty-hour week and a fifty-week year, without reference to exceptions, under section 6(a)(1) of the Fair Labor Standards Act of 1938, as amended, for an employee engaged in commerce or in the production of goods for commerce, and which for the same period exceeds fifty percent of the offender's declared adjusted gross income under chapter 57-38.

2. The extended sentence may be imposed in the following manner:

a. If the offense for which the offender is convicted is a class A felony, the court may impose a sentence up to a maximum of life imprisonment.

b. If the offense for which the offender is convicted is a class B felony, the court may impose a sentence up to a maximum of imprisonment for twenty years.

c. If the offense for which the offender is convicted is a class C felony, the court may impose a sentence up to a maximum of imprisonment for ten years.

3. Whenever an attorney charged with the prosecution of a defendant in a court of this state for an alleged felony committed when the defendant was over the age of eighteen years has reason to believe that the defendant is a dangerous special offender or a habitual offender, the attorney, at a reasonable time before trial or acceptance by the court of a plea of guilty, may sign and file with the court, and may amend, a notice specifying that the defendant is a dangerous special offender or a habitual offender who upon conviction for the felony is subject to the imposition of a sentence under subsection 2, and setting out with particularity the reasons why the attorney believes the defendant to be a dangerous special offender or a habitual offender. In no case may the fact that the prosecuting attorney is seeking sentencing of the defendant as a dangerous special offender or a habitual offender be disclosed to the jury before a verdict. If the court finds that the filing of the notice as a public record may prejudice fair consideration of a pending criminal matter, the court may order the notice sealed and the notice is not subject to subpoena or public inspection during the pendency of the criminal matter, except on order of the court, but is subject to inspection by the defendant alleged to be a dangerous special offender or a habitual offender and the offender's counsel.

4. Upon any plea of guilty, or verdict or finding of guilt of the defendant of such felony, a hearing must be held, before sentence is imposed, in accordance with this subsection as follows:

a. By a jury, or the court if a jury is waived by the defendant, if the notice alleges that the defendant is a dangerous special offender under subdivision a, b, d, or e of subsection 1. The jury, or the court if a jury is waived, must find that the defendant is a dangerous special offender under one or more of these subdivisions by proof beyond a reasonable doubt. However, in the case of a notice alleging only subdivision e of subsection 1, the trial jury, or the trial court if a jury is waived, may make a special finding of proof of this subdivision without an additional hearing subsequent to a verdict or finding of guilt.

b. By the court if the notice alleges that the defendant is a habitual offender under subdivision c of subsection 1. The court must find that the defendant is a habitual offender by a preponderance of the evidence.

5. Except in the most extraordinary cases, the court shall obtain a presentence report and may receive a diagnostic testing report under subsection 5 of section 12.1-32-02 before holding a hearing under this subsection. The court shall fix a time for the hearing and notice thereof must be given to the defendant and the prosecution at least five days prior thereto. The court shall permit the prosecution and counsel for the defendant, or the defendant if the defendant is not represented by counsel, to inspect the presentence report sufficiently before the hearing as to afford a reasonable opportunity for verification. In extraordinary cases, the court may withhold material not relevant to a proper sentence, diagnostic opinion that might seriously disrupt a program of rehabilitation, any source of information obtained on a promise of confidentiality, and material previously disclosed in open court. A court withholding all or part of a presentence report shall inform the parties of its action and place in the record the reasons therefor. The court may require parties inspecting all or part of a presentence report to give notice of any part thereof intended to be controverted. In connection with the hearing, the defendant is entitled to compulsory process and cross-examination of such witnesses as appear at the hearing. A duly authenticated copy of a former judgment or commitment is prima facie evidence of such former judgment or commitment. If the jury or the court finds, after hearing, one or more of the grounds set forth in subsection 1, that the defendant is a dangerous special offender or a habitual offender, the court shall sentence the defendant to imprisonment for an appropriate term within the limits specified in subsection 2.

CREDIT(S)

S.L. 1973, ch. 116, § 31; S.L. 1975, ch. 116, § 30; S.L. 1977, ch. 128, § 1; S.L. 1989, ch. 158, § 8; S.L. 1995, ch. 136, § 4; S.L. 2001, ch. 214, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-32-09.1

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-32. Penalties and Sentencing

§ 12.1-32-09.1. Sentencing of violent offenders

Except as provided under section 12-48.1-02 and pursuant to rules adopted by the department of corrections and rehabilitation, an offender who is convicted of a crime in violation of section 12.1-16-01, 12.1-16-02, 12.1-17-02, 12.1-18-01, subdivision a of subsection 1 or subdivision b of subsection 2 of section 12.1-20-03, section 12.1-22-01, subdivision b of subsection 2 of section 12.1-22-02, or an attempt to commit the offenses, and who receives a sentence of imprisonment is not eligible for release from confinement on any basis until eighty-five percent of the sentence imposed by the court has been served or the sentence is commuted. In the case of an offender who is sentenced to a term of life imprisonment with opportunity for parole under subsection 1 of section 12.1-32-01, the term “sentence imposed” means the remaining life expectancy of the offender on the date of sentencing. The remaining life expectancy of the offender must be calculated on the date of sentencing, computed by reference to a recognized mortality table as established by rule by the supreme court. Notwithstanding this section, an offender sentenced under subsection 1 of section 12.1-32-01 may not be eligible for parole until the requirements of that subsection have been met.

CREDIT(S)

S.L. 1995, ch. 136, § 5; S.L. 1997, ch. 135, § 1; S.L. 2011, ch. 101, § 3, eff. Aug. 1, 2011.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-32-10

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-32. Penalties and Sentencing

§ 12.1-32-10. Repealed

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-32-11

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-32. Penalties and Sentencing

§ 12.1-32-11. Merger of sentences--Sentencing for multiple offenses

1. Unless the court otherwise orders, when a person serving a term of commitment imposed by a court of this state is committed for another offense or offenses, the shorter term or the shorter remaining term shall be merged in the other term. When a person on probation or parole for an offense committed in this state is sentenced for another offense or offenses, the period still to be served on probation or parole shall be merged in any new sentence of commitment or probation. A court merging sentences under this subsection shall forthwith furnish each of the other courts previously involved and the penal facility in which the defendant is confined under sentence with authenticated copies of its sentence, which shall cite the sentences being merged. A court which imposed a sentence which is merged pursuant to this subsection shall modify such sentence in accordance with the effect of the merger.

2. Repealed by S.L. 1977, ch. 129, § 1.

3. When sentenced only for misdemeanors, a defendant may not be consecutively sentenced to more than one year, except that a defendant being sentenced for two or more class A misdemeanors may be subject to an aggregate maximum not exceeding that authorized by section 12.1-32-01 for a class C felony if each class A misdemeanor was committed as part of a different course of conduct or each involved a substantially different criminal objective.

CREDIT(S)

S.L. 1973, ch. 116, § 31; S.L. 1975, ch. 116, § 31; S.L. 1977, ch. 129, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-32-12

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-32. Penalties and Sentencing

§ 12.1-32-12. Penalties, sentences, and parole for offenses unclassified and in other titles

Where an offense is defined by a statute or by the constitution without specification of its classification pursuant to section 12.1-32-01, the offense is punishable as provided in the statute or constitutional provision defining it, or:

1. If the offense is declared to be a felony, without further specification of punishment, it is punishable as if it were a class C felony.

2. If the offense is declared to be a misdemeanor, without further specification of punishment, it is punishable as if it were a class A misdemeanor.

The sentencing alternatives available under section 12.1-32-02 are available to a court sentencing an offender for commission of an offense defined by a statute outside this title.

CREDIT(S)

S.L. 1973, ch. 116, § 31; S.L. 1975, ch. 116, § 32; S.L. 1989, ch. 51, § 3.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-32-13

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-32. Penalties and Sentencing

§ 12.1-32-13. Minor convicted of felony--Sentencing

Whenever a minor is convicted of a felony, the sentencing court may commit the person to the North Dakota youth correctional center as provided in this title. Provided, however, that a minor over the age of sixteen who is convicted of a felony may be sentenced to a penal institution or detention facility.

CREDIT(S)

S.L. 1973, ch. 116, § 31; S.L. 1981, ch. 328, § 3; S.L. 1995, ch. 120, § 25.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-32-14

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-32. Penalties and Sentencing

§ 12.1-32-14. Restoration of property or other work to be required of certain offenders

Other provisions of this chapter notwithstanding, whenever a person convicted of criminal mischief is placed on probation pursuant to section 12.1-32-02 or 12.1-32-07, the court shall include as a condition of that probation the requirement that the person perform restoration or other assigned work as specified in subdivision e of subsection 4 of section 12.1-32-07.

CREDIT(S)

S.L. 1975, ch. 121, § 1; S.L. 1989, ch. 158, § 9; S.L. 1993, ch. 130, § 2.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-32-15

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-32. Penalties and Sentencing

§ 12.1-32-15. Offenders against children and sexual offenders--Sexually violent predators--Registration requirement--Penalty

1. As used in this section:

a. “A crime against a child” means a violation of chapter 12.1-16, section 12.1-17-01.1 if the victim is under the age of twelve, 12.1-17-02, 12.1-17-04, subdivision a of subsection 6 of section 12.1-17-07.1, section 12.1-18-01, 12.1-18-02, 12.1-18-05, chapter 12.1-29, or subdivision a of subsection 1 or subsection 2 of section 14-09-22, labor trafficking in violation of chapter 12.1-40, or an equivalent offense from another court in the United States, a tribal court, or court of another country, in which the victim is a minor or is otherwise of the age required for the act to be a crime or an attempt or conspiracy to commit these offenses.

b. “Department” means the department of corrections and rehabilitation.

c. “Mental abnormality” means a congenital or acquired condition of an individual that affects the emotional or volitional capacity of the individual in a manner that predisposes that individual to the commission of criminal sexual acts to a degree that makes the individual a menace to the health and safety of other individuals.

d. “Predatory” means an act directed at a stranger or at an individual with whom a relationship has been established or promoted for the primary purpose of victimization.

e. “Sexual offender” means a person who has pled guilty to or been found guilty, including juvenile delinquent adjudications, of a violation of section 12.1-20-03, 12.1-20-03.1, 12.1-20-04, 12.1-20-05, 12.1-20-05.1, 12.1-20-06, 12.1-20-06.1, 12.1-20-07 except for subdivision a, 12.1-20-11, 12.1-20-12.1, or 12.1-20-12.2, chapter 12.1-27.2, or subsection 2 of section 12.1-22-03.1, sex trafficking in violation of chapter 12.1-40, or an equivalent offense from another court in the United States, a tribal court, or court of another country, or an attempt or conspiracy to commit these offenses.

f. “Sexually dangerous individual” means an individual who meets the definition specified in section 25-03.3-01.

g. “Temporarily domiciled” means staying or being physically present in this state for more than thirty days in a calendar year or at a location for longer than ten consecutive days, attending school for longer than ten days, or maintaining employment in the jurisdiction for longer than ten days, regardless of the state of the residence.

2. The court shall impose, in addition to any penalty provided by law, a requirement that the individual register, within three days of coming into a county in which the individual resides or within the period identified in this section that the individual becomes temporarily domiciled. The individual must register with the chief of police of the city or the sheriff of the county if the individual resides, attends school, or is employed in an area other than a city. The court shall require an individual to register by stating this requirement on the court records, if that individual:

a. Has pled guilty or nolo contendere to, or been found guilty as a felonious sexual offender or an attempted felonious sexual offender, including juvenile delinquent adjudications of equivalent offenses unless the offense is listed in subdivision c.

b. Has pled guilty or nolo contendere to, or been found guilty as a sexual offender for, a misdemeanor or attempted misdemeanor. The court may deviate from requiring an individual to register if the court first finds the individual is no more than three years older than the victim if the victim is a minor, the individual has not previously been convicted as a sexual offender or of a crime against a child, and the individual did not exhibit mental abnormality or predatory conduct in the commission of the offense.

c. Is a juvenile found delinquent under subdivision d of subsection 1 of section 12.1-20-03, subdivision a of subsection 2 of section 12.1-20-03, or as a sexual offender for a misdemeanor. The court may deviate from requiring the juvenile to register if the court first finds the juvenile has not previously been convicted as a sexual offender or for a crime against a child, and the juvenile did not exhibit mental abnormality or predatory conduct in the commission of the offense.

d. Has pled guilty or nolo contendere to, or been found guilty of, a crime against a child or an attempted crime against a child, including juvenile delinquent adjudications of equivalent offenses. Except if the offense is described in section 12.1-29-02, or section 12.1-18-01 or 12.1-18-02 and the person is not the parent of the victim, the court may deviate from requiring an individual to register if the court first finds the individual has not previously been convicted as a sexual offender or for a crime against a child, and the individual did not exhibit mental abnormality or predatory conduct in the commission of the offense.

e. Has pled guilty or nolo contendere, been found guilty, or been adjudicated delinquent of any crime against another individual which is not otherwise specified in this section if the court determines that registration is warranted by the nature of the crime and therefore orders registration for the individual. If the court orders an individual to register as an offender under this section, the individual shall comply with all of the registration requirements in this chapter.

3. If a court has not ordered an individual to register in this state, an individual who resides or is temporarily domiciled in this state shall register if the individual:

a. Is incarcerated or is on probation or parole after July 31, 1995, for a crime against a child described in section 12.1-29-02, or section 12.1-18-01 or 12.1-18-02 if the individual was not the parent of the victim, or as a sexual offender;

b. Has pled guilty or nolo contendere to, or been adjudicated for or found guilty of, an offense in a court of this state for which registration is mandatory under this section or an offense from another court in the United States, a tribal court, or court of another country equivalent to those offenses set forth in this section; or

c. Has pled guilty or nolo contendere to, or has been found guilty of, a crime against a child or as a sexual offender for which registration is mandatory under this section if the conviction occurred after July 31, 1985.

4. In its consideration of mental abnormality or predatory conduct, the court shall consider the age of the offender, the age of the victim, the difference in ages of the victim and offender, the circumstances and motive of the crime, the relationship of the victim and offender, and the mental state of the offender. The court may order an offender to be evaluated by a qualified counselor, psychologist, or physician before sentencing. Except as provided under subdivision e of subsection 2, the court shall state on the record in open court its affirmative finding for not requiring an offender to register.

5. When an individual is required to register under this section, the official in charge of a facility or institution where the individual required to register is confined, or the department, shall, before the discharge, parole, or release of that individual, inform the individual of the duty to register pursuant to this section. The official or the department shall require the individual to read and sign a form as required by the attorney general, stating that the duty of the individual to register has been explained to that individual. The official in charge of the place of confinement, or the department, shall obtain the address where the individual expects to reside, attend school, or work upon discharge, parole, or release and shall report the address to the attorney general. The official in charge of the place of confinement, or the department, shall give three copies of the form to the individual and shall send three copies to the attorney general no later than forty-five days before the scheduled release of that individual. The attorney general shall forward one copy to the law enforcement agency having jurisdiction where the individual expects to reside, attend school, or work upon discharge, parole, or release, one copy to the prosecutor who prosecuted the individual, and one copy to the court in which the individual was prosecuted. All forms must be transmitted and received by the law enforcement agency, prosecutor, and court thirty days before the discharge, parole, or release of the individual.

6. An individual who is required to register pursuant to this section who is released on probation or discharged upon payment of a fine must, before the release or discharge, be informed of the duty to register under this section by the court in which that individual is convicted. The court shall require the individual to read and sign a form as required by the attorney general, stating that the duty of the individual to register under this section has been explained to that individual. The court shall obtain the address where the individual expects to reside, attend school, or work upon release or discharge and shall report the address to the attorney general within three days. The court shall give one copy of the form to the individual and shall send two copies to the attorney general. The attorney general shall forward one copy to the appropriate law enforcement agency having jurisdiction where the individual expects to reside, attend school, or work upon discharge, parole, or release.

7. Registration consists of a written statement signed by the individual, giving the information required by the attorney general, and the fingerprints and photograph of the individual. An individual who is not required to provide a sample of blood and other body fluids under section 31-13-03 or by the individual's state or court of conviction or adjudication shall submit a sample of blood and other body fluids for inclusion in a centralized data base of DNA identification records under section 31-13-05. The collection, submission, testing and analysis of, and records produced from, samples of blood and other body fluids, are subject to chapter 31-13. Evidence of the DNA profile comparison is admissible in accordance with section 31-13-02. A report of the DNA analysis certified by the state crime laboratory is admissible in accordance with section 31-13-05. A district court shall order an individual who refuses to submit a sample of blood or other body fluids for registration purposes to show cause at a specified time and place why the individual should not be required to submit the sample required under this subsection. Within three days after registration, the registering law enforcement agency shall forward the statement, fingerprints, and photograph to the attorney general and shall submit the sample of the individual's blood and body fluids to the state crime laboratory. If an individual required to register under this section has a change in vehicle or computer online identity, the individual shall inform in writing, within three days after the change, the law enforcement agency with which that individual last registered of the individual's new vehicle or computer online identity. If an individual required to register pursuant to this section has a change in name, school, or residence or employment address, that individual shall inform in writing, at least ten days before the change, the law enforcement agency with which that individual last registered of the individual's new name, school, residence address, or employment address. A change in school or employment address includes the termination of school or employment for which an individual required to register under this section shall inform in writing within five days of the termination the law enforcement agency with which the individual last registered. The law enforcement agency, within three days after receipt of the information, shall forward it to the attorney general. The attorney general shall forward the appropriate registration data to the law enforcement agency having local jurisdiction of the new place of residence, school, or employment. Upon a change of address, the individual required to register shall also register within three days at the law enforcement agency having local jurisdiction of the new place of residence, school, or employment. The individual registering under this section shall periodically confirm the information required under this subsection in a manner and at an interval determined by the attorney general. A law enforcement agency that has previously registered an offender may omit the fingerprint portion of the registration if that agency has a set of fingerprints on file for that individual and is personally familiar with and can visually identify the offender. These provisions also apply in any other state that requires registration.

8. An individual required to register under this section shall comply with the registration requirement for the longer of the following periods:

a. A period of fifteen years after the date of sentence or order deferring or suspending sentence upon a plea or finding of guilt or after release from incarceration, whichever is later;

b. A period of twenty-five years after the date of sentence or order deferring or suspending sentence upon a plea or finding of guilt or after release from incarceration, whichever is later, if the offender is assigned a moderate risk by the attorney general as provided in subsection 12; or

c. For the life of the individual, if that individual:

(1) On two or more occasions has pled guilty or nolo contendere to, or been found guilty of a crime against a child or as a sexual offender. If all qualifying offenses are misdemeanors, this lifetime provision does not apply unless a qualifying offense was committed after August 1, 1999;

(2) Pleads guilty or nolo contendere to, or is found guilty of, an offense committed after August 1, 1999, which is described in subdivision a of subsection 1 of section 12.1-20-03, section 12.1-20-03.1, or subdivision d of subsection 1 of section 12.1-20-03 if the person is an adult and the victim is under age twelve, or section 12.1-18-01 if that individual is an adult other than a parent of the victim, or an equivalent offense from another court in the United States, a tribal court, or court of another country; or

(3) Is assigned a high risk by the attorney general as provided in subsection 12.

9. An individual required to register under this section who violates this section is guilty of a class C felony. The clerk of court shall forward all warrants issued for a violation of this section to the county sheriff, who shall enter all such warrants into the national crime information center wanted person file. A court may not relieve an individual, other than a juvenile, who violates this section from serving a term of at least ninety days in jail and completing probation of one year.

10. When an individual is released on parole or probation and is required to register pursuant to this section, but fails to do so within the time prescribed, the court shall order the probation, or the parole board shall order the parole, of the individual revoked.

11. If an individual required to register pursuant to this section is temporarily sent outside the facility or institution where that individual is confined under conviction or sentence, the local law enforcement agency having jurisdiction over the place where that individual is being sent must be notified within a reasonable time period before that individual is released from the facility or institution. This subsection does not apply to any individual temporarily released under guard from the facility or institution in which that individual is confined.

12. The attorney general, with the assistance of the department and the juvenile courts, shall develop guidelines for the risk assessment of sexual offenders who are required to register, with a low-risk, moderate-risk, or high-risk level being assigned to each offender as follows:

a. The department shall conduct a risk assessment of sexual offenders who are incarcerated in institutions under the control of the department and sexual offenders who are on supervised probation. The department, in a timely manner, shall provide the attorney general any information, including the offender's level of risk and supporting documentation, concerning individuals required to be registered under this section who are about to be released or placed into the community.

b. The attorney general shall conduct a risk assessment of sexual offenders who are not under the custody or supervision of the department. The attorney general may adopt a law enforcement agency's previous assignment of risk level for an individual if the assessment was conducted in a manner substantially similar to the guidelines developed under this subsection.

c. The juvenile courts or the agency having legal custody of a juvenile shall conduct a risk assessment of juvenile sexual offenders who are required to register under this section. The juvenile courts or the agency having legal custody of a juvenile shall provide the attorney general any information, including the offender's level of risk and supporting documentation, concerning juveniles required to register and who are about to be released or placed into the community.

d. The attorney general shall notify the offender of the risk level assigned to that offender. An offender may request a review of that determination with the attorney general's sexual offender risk assessment committee and may present any information that the offender believes may lower the assigned risk level.

13. Relevant and necessary conviction and registration information must be disclosed to the public by a law enforcement agency if the individual is a moderate or high risk and the agency determines that disclosure of the conviction and registration information is necessary for public protection. The attorney general shall develop guidelines for public disclosure of offender registration information. Public disclosure may include internet access if the offender:

a. Is required to register for a lifetime under subsection 8;

b. Has been determined to be a high risk to the public by the department, the attorney general, or the courts, according to guidelines developed by those agencies; or

c. Has been determined to be a high risk to the public by an agency of another state or the federal government.

If the offender has been determined to be a moderate risk, public disclosure must include, at a minimum, notification of the offense to the victim registered under chapter 12.1-34 and to any agency, civic organization, or group of persons who have characteristics similar to those of a victim of the offender. Upon request, law enforcement agencies may release conviction and registration information regarding low-risk, moderate-risk, or high-risk offenders.

14. A state officer, law enforcement agency, or public school district or governing body of a nonpublic school or any appointee, officer, or employee of those entities is not subject to civil or criminal liability for making risk determinations, allowing a sexual offender to attend a school function under section 12.1-20-25, or for disclosing or for failing to disclose information as permitted by this section.

15. If a juvenile is adjudicated delinquent and required or ordered to register as a sexual offender or as an offender against a child under this section, the juvenile shall comply with the registration requirements in this section. Notwithstanding any other provision of law, a law enforcement agency shall register a juvenile offender in the same manner as adult offenders and may release any relevant and necessary information on file to other law enforcement agencies, the department of human services, the superintendent or principal of the school the juvenile attends, or the public if disclosure is necessary to protect public health or safety. The school administration may notify others in similar positions if the juvenile transfers to another learning institution in or outside the state.

16. If an individual has been required to register as a sexual offender or an offender against a child under section 12.1-32-15 or 27-20-52.1 before August 1, 1999, the individual may petition the court to be removed from the offender list if registration is no longer mandatory for that individual. In considering the petition, the court shall comply with the requirements of this section.

17. A sexual offender who is currently assigned a moderate or high-risk level by the attorney general may not use a state park of this state as a residence or residential address to comply with the registration requirements of this section. Before arriving at a state park for overnight lodging or camping, a sexual offender who is assigned a moderate or high-risk level by the attorney general shall notify a parks and recreation department law enforcement officer at the state park where the sexual offender will be staying.

CREDIT(S)

S.L. 1991, ch. 136, § 1; S.L. 1993, ch. 129, § 3; S.L. 1995, ch. 139, § 1; S.L. 1997, ch. 124, § 5; S.L. 1997, ch. 128, § 2; S.L. 1997, ch. 136, § 1; S.L. 1997, ch. 137, § 1; S.L. 1999, ch. 50, § 33; S.L. 1999, ch. 123, § 3; S.L. 1999, ch. 131, § 1; S.L. 2001, ch. 134, § 8; S.L. 2001, ch. 140, § 1; S.L. 2001, Sp. Sess., ch. 690, § 1; S.L. 2003, ch. 113, § 1; S.L. 2005, ch. 121, § 1; S.L. 2007, ch. 124, § 4, eff. Aug. 1, 2007; S.L. 2007, ch. 136, § 1, eff. Aug. 1, 2007; S.L. 2009, ch. 121, § 2, eff. Aug. 1, 2009; S.L. 2009, ch. 136, § 1, eff. Aug. 1, 2009; S.L. 2009, ch. 137, § 1; S.L. 2009, ch. 139, § 3, eff. Aug. 1, 2009; S.L. 2011, ch. 102, §§ 1, 2, eff. Aug. 1, 2011; S.L. 2011, ch. 103, § 1, eff. April 25, 2011.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-32-16

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-32. Penalties and Sentencing

§ 12.1-32-16. Restitution to be required of certain offenders--Penalty

Notwithstanding any other provision in this chapter, whenever a person whose license has been suspended for nonpayment of child support under section 50-09-08.6 is convicted of engaging in activity for which the license was required, the court shall require as a condition of the sentence that the person pay restitution in the amount of two hundred fifty dollars, or a higher amount set by the court, as specified in subdivision e of subsection 4 of section 12.1-32-07. Any restitution ordered under this section must be paid to the state disbursement unit for distribution under section 14-09-25.

CREDIT(S)

S.L. 2005, ch. 122, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-33-01

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-33. Rights of Convicts

§ 12.1-33-01. Rights lost

1. A person sentenced for a felony to a term of imprisonment, during the term of actual incarceration under such sentence, may not:

a. Vote in an election; or

b. Become a candidate for or hold public office.

2. A public office, other than an office held by one subject to impeachment, held at the time of sentence is forfeited as of the date of the sentence if the sentence is in this state, or, if the sentence is in another state or in a federal court, as of the date a certification of the sentence from the sentencing court is filed in the office of the secretary of state who shall receive and file it as a public document. An appeal or other proceeding taken to set aside or otherwise nullify the conviction or sentence does not affect the application of this section, but if the conviction is reversed, the defendant shall be restored to any public office forfeited under this section from the time of the reversal and shall be entitled to the emoluments thereof from the time of the forfeiture.

CREDIT(S)

S.L. 1973, ch. 116, § 32; S.L. 1979, ch. 186, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-33-02

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-33. Rights of Convicts

§ 12.1-33-02. Rights retained by convicted person

Except as otherwise provided by law, a person convicted of a crime does not suffer civil death or corruption of blood or sustain loss of civil rights or forfeiture of estate or property, but retains all of his rights, political, personal, civil, and otherwise, including the right to hold public office or employment; to vote; to hold, receive, and transfer property; to enter into contracts; to sue and be sued; and to hold offices of private trust in accordance with law.

CREDIT(S)

S.L. 1973, ch. 116, § 32.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-33-02.1

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-33. Rights of Convicts

§ 12.1-33-02.1. Prior conviction of a crime not bar to state licensures--Exceptions

1. A person may not be disqualified to practice, pursue, or engage in any occupation, trade, or profession for which a license, permit, certificate, or registration is required from any state agency, board, commission, or department solely because of prior conviction of an offense. However, a person may be denied a license, permit, certificate, or registration because of prior conviction of an offense if it is determined that such person has not been sufficiently rehabilitated, or that the offense has a direct bearing upon a person's ability to serve the public in the specific occupation, trade, or profession.

2. A state agency, board, commission, or department shall consider the following in determining sufficient rehabilitation:

a. The nature of the offense and whether it has a direct bearing upon the qualifications, functions, or duties of the specific occupation, trade, or profession.

b. Information pertaining to the degree of rehabilitation of the convicted person.

c. The time elapsed since the conviction or release. Completion of a period of five years after final discharge or release from any term of probation, parole or other form of community corrections, or imprisonment, without subsequent conviction shall be deemed prima facie evidence of sufficient rehabilitation.

3. If conviction of an offense is used in whole or in part as a basis for disqualification of a person, such disqualification shall be in writing and shall specifically state the evidence presented and the reasons for disqualification. A copy of such disqualification shall be sent to the applicant by certified mail.

4. A person desiring to appeal from a final decision by any state agency, board, commission, or department shall follow the procedure provided by the chapter of this code regulating the specific occupation, trade, or profession. If no appeal or review procedure is provided by such chapter, an appeal may be taken in accordance with chapter 28-32, except for attorneys disbarred or suspended under chapter 27-14.

CREDIT(S)

S.L. 1977, ch. 130, § 5; S.L. 1997, ch. 116, § 9.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-33-03

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-33. Rights of Convicts

§ 12.1-33-03. Certificate of discharge

1. If the sentence were in this state, the sentence shall state that the defendant's rights to vote and to hold any future public office are not lost except during the term of any actual incarceration and that he suffers no other disability by virtue of his conviction and sentence except as otherwise provided in such sentence or by law.

2. If the sentence were in another state or in a federal court, the convicted person shall lose the rights to vote and to hold public office only during the term of actual incarceration. Any person who has been sentenced in another state or in a federal court to a term of imprisonment and who is present in this state shall be presumed to have had such rights restored.

3. If another state having a similar statute issues its certificate of discharge to a convicted person stating that the defendant's rights have been restored, the rights of which he was deprived in this state, under section 12.1-33-01, are restored to him in this state.

CREDIT(S)

S.L. 1973, ch. 116, § 32; S.L. 1979, ch. 186, § 2.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-33-04

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-33. Rights of Convicts

§ 12.1-33-04. Savings provisions

This chapter does not:

1. Affect the power of a court, otherwise given by law to impose sentence or to suspend imposition or execution of sentence on any conditions, or to impose conditions of probation, or the power of the parole board to impose conditions of parole.

2. Deprive or restrict the authority and powers of officials of a penal institution or other penal facility, otherwise provided by law, for the administration of the institution or facility or for the control of the conduct and conditions of confinement of a convicted person in their custody.

3. Affect the qualifications or disqualifications otherwise required or imposed by law for a designated office, public or private, or to serve as a juror or to vote or for any designated profession, trust, or position, or for any designated license or privilege conferred by public authority.

4. Affect the rights of others arising out of the conviction or out of the conduct on which the conviction is based and not dependent upon the doctrines of civil death, the loss of civil rights, the forfeiture of estate, or corruption of blood.

5. Affect laws governing rights of inheritance of a murderer from his victim.

CREDIT(S)

S.L. 1973, ch. 116, § 32.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-34-01

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-34. Fair Treatment of Victims and Witnesses

§ 12.1-34-01. Definitions

In this chapter, unless the context or subject matter otherwise requires:

1. “Court” means a forum established by law for the adjudication of juvenile petitions, criminal complaints, informations, or indictments.

2. “Crime” includes all felony offenses; class A misdemeanors, excluding violations of section 6-08-16.1 for no-account checks; all violations of chapters 12.1-17 and 12.1-20, including all corresponding violations of municipal ordinances; and any of the offenses in this subsection that may result in adjudication of delinquency.

3. “Crime of violence” means any crime in which force, as defined by section 12.1-01-04, or threat of force was used against the victim.

4. “Custodial authority” includes city jail, county jail, juvenile detention center, regional corrections center, halfway house, state penitentiary or Missouri River correctional center, state hospital, or any other inpatient mental health or treatment facility to which a criminal defendant may be sentenced or referred.

5. “Disposition” means the sentencing or determination of penalty or punishment to be imposed upon a person convicted of a crime or found delinquent or against whom a finding of sufficient facts for conviction or finding of delinquency is made.

6. “Family member” includes a spouse, child, sibling, parent, grandparent, legal guardian, or custodian of a victim.

7. “Prosecuting attorney” includes city attorney, state's attorney, attorney general, or their assistants.

8. “Registered victim” or “registered witness” means a victim or witness registered with the statewide automated victim information and notification system.

9. “System” means the statewide automated victim information and notification system.

10. “Victim” means a natural person who has suffered direct or threatened physical, financial, or emotional harm where there is probable cause to believe that the harm has been caused by the commission of a criminal act. The term “victim” includes the family members of a minor, incompetent, incapacitated, or deceased person.

11. “Witness” means any person who has been or is expected to be summoned to testify for the prosecution whether or not any action or proceeding has yet been commenced.

CREDIT(S)

S.L. 1987, ch. 174, § 2; S.L. 1991, ch. 116, § 19; S.L. 2009, ch. 137, § 2.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-34-02

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-34. Fair Treatment of Victims and Witnesses

§ 12.1-34-02. Fair treatment standards for victims and witnesses

Victims and witnesses of crime must be afforded the following rights where applicable:

1. Informed by those entities that have contact with the victim or witness as to the availability of and the methods available for registration with the statewide automated victim information and notification system. Those entities include law enforcement, prosecuting attorneys, the courts, and custodial authorities. A victim or witness who clearly objects to registration may not be required to register with the system.

2. Informed as to status of investigation. Victims and witnesses, upon request, must be informed by law enforcement authorities investigating a criminal case of the status of the investigation, except where the prosecuting attorney or law enforcement authority determines that to disclose such information would unreasonably interfere with the investigation, until such time as the alleged offender is apprehended or the investigation is closed.

3. Informed as to criminal charges filed. Victims must be promptly informed by the prosecuting attorney of any criminal charges, arising from an incident in which the person was a victim, filed against any person arrested. The prosecuting attorney shall also provide a brief statement in nontechnical language of the procedural steps involved in the processing of a criminal case. Victims must also be informed by the prosecuting attorney of the pretrial status of each person arrested, including bail and any pretrial release conditions.

4. Notice of pretrial release.

a. Registered victims must be given prompt notice of any hearing in which the arrested person's pretrial release status will be determined. If the alleged offender is scheduled to be released prior to an appearance in court, prompt notice must be given to the registered victim and witness.

b. Victims who are not registered must be given prompt notice, by the law enforcement agency that has made an arrest in any case involving a crime of violence, of any hearing in which the arrested person's pretrial release status will be determined. If the alleged offender in a crime of violence is scheduled to be released before an appearance in court, the custodial authority shall give prompt notice to the victim and witness or, if unavailable, to the arresting law enforcement agency, which shall provide the notice to the victim or witness. The law enforcement agency or custodial authority may fulfill its obligation to notify by registering the victim with the system.

c. Victims and witnesses must be informed by the prosecuting attorney of the methods for enforcing any pretrial release conditions including information as to the level of protection available from law enforcement in the case of harm, threats, or intimidation made to the victim or witness.

5. Notice as to victims' and witnesses' participation in court proceedings. Victims must be informed by the prosecuting attorney of all court proceedings in a reasonable time prior to the proceedings. Witnesses must be informed by the prosecuting attorney of all court proceedings at which their presence is required in a reasonable time prior to the proceedings and informed in nontechnical language of the procedural steps involved in the processing of a criminal case. Victims and witnesses must be notified by the prosecuting attorney of the cancellation of any scheduled court proceeding in sufficient time to prevent an unnecessary appearance in court. All victims and witnesses shall provide the prosecuting attorney with current information as to address and telephone number, such information to be kept confidential subject to other provisions of this chapter. The notice given by the prosecuting attorney to the victims and witnesses must be given by any means reasonably calculated to give prompt notice.

6. Services available. Victims and witnesses must be informed by the prosecuting attorney and arresting law enforcement agency of all appropriate and available public or private programs that provide counseling, treatment, or support for victims and witnesses, including rape crisis centers, victim and witness assistance programs, elderly victim services, victim assistance hot lines, social service agencies, and domestic violence programs. The prosecuting attorney and law enforcement authority shall advise victims eligible for services of the relevant provisions of chapter 54-23.4.

7. Employer intercession. Victims and witnesses upon request must be provided by the prosecuting attorney with appropriate employer intercession services to ensure that employers of victims and witnesses will cooperate with the criminal justice process in order to minimize an employee's loss of pay and other benefits resulting from court appearances.

8. Witness fee. Witnesses must be informed by the prosecuting attorney or the court of the procedures to be followed in order to apply for and receive any witness fee to which they are entitled under law.

9. Return of property. Victims shall have any personal property that was stolen or taken for evidentiary purposes, except contraband, property subject to evidentiary analysis, and property the ownership of which is disputed, returned by the court, prosecuting attorney, or law enforcement agency within ten days after its taking or recovery if it is not needed for law enforcement, prosecution, or defense purposes or as expeditiously as possible when the property is no longer needed for law enforcement, prosecution, or defense purposes. If there is a defendant, the prosecuting attorney shall notify the defendant of the intent to return the property to the owner. Upon a motion made by the defendant and upon good cause shown that the property contains exculpatory evidence of the defendant's innocence, the court may order the law enforcement personnel in possession of the property not to release it to the owner.

10. Waiting area. Victims and witnesses must be provided by prosecuting attorneys and defense attorneys as assisted by the court with a waiting area separate from the defendant, defendant's relatives and friends, and defense witnesses if such an area is available and the use of the area is practical. If a separate waiting area is not available or practical, the court shall provide other safeguards to minimize the victims' and witnesses' contact with the defendant, defendant's relatives and friends, and defense witnesses during court proceedings.

11. Protection of identifying information. Victims and witnesses may not be compelled to testify at any pretrial proceeding or at trial for purposes of identifying the victims' or witnesses' address, telephone number, place of employment, or other personal identification except for name without the victims' or witnesses' consent, unless there is a showing of good cause as determined by the court.

12. Right to be present throughout trial. The victim must be informed by the prosecuting attorney of the victim's right to be present throughout the trial of the defendant, except as provided by rule 615 of the North Dakota Rules of Evidence.

13. Prompt disposition of case. Victims and witnesses must be informed by the prosecuting attorney of their rights to a prompt disposition of the cases in which they are involved as victims or witnesses as defined by the docket currency standards of the North Dakota supreme court.

14. Notice as to scheduling of hearing. Registered victims must be informed of the date, time, and place of hearing at which a plea of guilty or not guilty will be entered and of a sentencing hearing. Victims who are not registered must be given the same information by the prosecuting attorney. The prosecuting attorney shall explain to and consult with the victim in nontechnical language details of any potential plea agreement or verdict.

15. Victim impact statement. The victim must be informed by the prosecuting attorney, prior to sentencing, of the victim's right to submit or make a written impact statement to the court in any criminal case. If a presentence investigation is ordered, the probation officer assigned the report shall include this information in the report. This statement may include an explanation by the victim of the nature and extent of any physical, psychological, or emotional harm or trauma suffered by the victim; an explanation of the extent of any economic loss or property damage suffered by the victim; an opinion of the need for and extent of restitution; and the victim's recommendation for an appropriate sentence. The prosecuting attorney shall advise all victims that the presentence report is subject to review by the defendant and that the report will include the victim's statement. If the sentencing court does not order a presentence investigation, the victim may submit a written impact statement, under oath, to the office of the state's attorney which statement must be submitted to the sentencing court. The victim of violent crime may appear in court to make an oral crime impact statement at the sentencing of the defendant in appropriate circumstances at the discretion of the judge. This oral statement must be made under oath and is subject to cross-examination.

16. Notice of final disposition and parole procedures. Registered victims and witnesses must be informed of the final disposition of any criminal case. Victims who are not registered must be given the same notice by the prosecuting attorney. The prosecuting attorney shall explain to the victim the parole process and pardon process and further advise the victim of the necessity of advising the custodial authority and the parole board and the pardon clerk of the victim's address in order for the victim to receive further information under other provisions of this chapter.

17. Prompt notice of custodial release. Registered victims and witnesses must be informed whenever a criminal defendant receives a temporary, provisional, or final release from custody or whenever the defendant escapes from custody. Victims who are not registered must be given the same notice by the appropriate custodial authority. Notification must include the transfer of the defendant to a work-release program, a community residential program, or transfer to a mental health facility. All notices to the registered victim and witnesses concerning this release information must be within a reasonable time prior to the defendant's release or transfer. The notice given by the custodial authority must be given by any means reasonably calculated to give prompt notice.

18. Participation in parole board and pardon decision. Victims may submit a written statement for consideration by the parole board, the governor, or the pardon advisory board, if one has been appointed, prior to the parole board, the governor, or the pardon advisory board taking any action on a defendant's request for parole or pardon. A victim statement made under this subsection is a confidential record and may be disclosed only to the parole board, the governor, the pardon advisory board, or their authorized representative. Victims of violent crimes may at the discretion of the parole board, the governor, or the pardon advisory board personally appear and address the parole board, the governor, or the pardon advisory board. Victim testimony and written statements under this subsection are confidential and may be disclosed only to the parole board, the governor, the pardon advisory board, or their authorized representative. Notice must be given by the parole board or pardon clerk informing the registered victim of the pending review. The registered victim must be provided notice of the decision of the parole board or of the governor and the recommendations of the pardon advisory board, if any, and, if applicable, notice of the date of the prisoner's release on parole or the prisoner's pardon, conditional pardon, reprieve, commutation, or remission of fine. Notice must be given within a reasonable time after the parole board or the governor makes a decision but in any event before the parolee's or pardoned prisoner's release from custody.

19. Victims and witnesses of crimes committed by juveniles are entitled to the same rights under this chapter in juvenile delinquency proceedings as in any other proceeding. In addition, every victim or a witness who is a minor is entitled to have that person's spouse, parent, guardian, and no more than two other designated adults present with that person during any juvenile delinquency proceedings.

CREDIT(S)

S.L. 1987, ch. 174, § 3; S.L. 1993, ch. 133, § 1; S.L. 1993, ch. 135, § 19; S.L. 1995, ch. 124, § 6; S.L. 1997, ch. 115, § 3; S.L. 1999, ch. 117, § 4; S.L. 2005, ch. 123, § 1; S.L. 2009, ch. 137, § 3.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-34-03

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-34. Fair Treatment of Victims and Witnesses

§ 12.1-34-03. Responsibilities of victims and witnesses

Victims and witnesses have all of the following responsibilities to aid in the prosecution of crime:

1. To make a timely report of the crime.

2. To cooperate with law enforcement authorities throughout the investigation, prosecution, and trial.

3. To testify at trial.

4. To notify the system, law enforcement authorities, prosecuting attorney, custodial authority, parole board, pardon clerk, and court, where appropriate, of any change of contact information. Except for release to a domestic violence sexual assault organization as defined in section 14-07.1-01, all contact information provided must be kept confidential.

CREDIT(S)

S.L. 1987, ch. 174, § 4; S.L. 1997, ch. 115, § 4; S.L. 2009, ch. 137, § 4; S.L. 2011, ch. 104, § 1, eff. Aug. 1, 2011.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-34-04

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-34. Fair Treatment of Victims and Witnesses

§ 12.1-34-04. Victim and witness services

Each prosecuting attorney is responsible for securing for victims and witnesses of crime the rights and services described in this chapter. Those services include all of the following:

1. Court appearance notification services, including cancellations of appearances.

2. Informational services relative to the availability of the collection of witness fees, victim compensation, or restitution.

3. Escort and other transportation services related to the investigation or prosecution of the case, if necessary.

4. Case process notification services.

5. Employer intercession services.

6. Expedited return of property services.

7. Protection services.

8. Family support services, including child and other dependent care services.

9. Waiting facilities.

10. Social service and other public or private agency referrals.

CREDIT(S)

S.L. 1987, ch. 174, § 5.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-34-05

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-34. Fair Treatment of Victims and Witnesses

§ 12.1-34-05. Cause of action for damages or injunctive relief

Nothing in this chapter may be construed as creating a cause of action for money damages or injunctive relief against the state, county, municipality, or any of their agencies, instrumentalities, or employees. Furthermore, the failure to provide a right, privilege, or notice to a victim under this chapter is not grounds for the defendant to seek to have the conviction or sentence set aside. This chapter does not limit any rights to which victims and witnesses of crime are otherwise entitled.

CREDIT(S)

S.L. 1987, ch. 174, § 6.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-34-06

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-34. Fair Treatment of Victims and Witnesses

§ 12.1-34-06. Statewide automated victim information and notification system

1. The information technology department may establish a statewide automated victim information and notification system that must:

a. Permit a victim to register or update the victim's registration information for the system by calling a toll-free telephone number or accessing a public website.

b. Notify a registered victim by telephone, mail, or e-mail in accordance with this chapter.

c. Notify a registered victim by telephone, mail, or e-mail when the offender has a scheduled court proceeding, a parole or pardon review, or a change in the status of the offender's parole or probation status, including a change in the offender's address.

d. Notify a registered victim by telephone, mail, or e-mail when a registered sexual offender has updated the offender's registration information or failed to comply with any registration requirement.

e. Notify a registered victim by telephone, mail, or e-mail when a protective order requested by the victim has been served upon the respondent.

f. Permit a victim to receive a status report for an offender under the supervision or in the custody of the department of corrections and rehabilitation or other correctional facility or for a registered sexual offender by calling the system on a toll-free telephone number or by accessing the system through a public website.

2. If a statewide automated victim information and notification system is established, the provision of offender and case data on a timely basis to the automated victim information and notification system satisfies any obligation under this chapter to notify a registered victim of an offender's custody and the status of the offender's scheduled court proceedings.

3. If a statewide automated victim information and notification system is established, the user agency shall ensure that an offender's information contained in the system is updated to timely notify a victim that an offender has been released or discharged or has escaped. The failure of the system to provide notice to the victim does not establish a cause of action by the victim against the state or any custodial authority.

4. All affected entities, including custodial authorities, prosecuting attorneys, law enforcement agencies, courts, the attorney general's office, the pardon board, and the parole clerk, shall cooperate with the system operator in establishing and maintaining the statewide automated victim information and notification system.

CREDIT(S)

S.L. 2007, ch. 137, § 1, eff. Aug. 1, 2007; S.L. 2009, ch. 137, § 5.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-34-07

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-34. Fair Treatment of Victims and Witnesses

§ 12.1-34-07. Medical screening and acute forensic medical examinations costs--Reimbursement by attorney general--Use of evidence

1. An acute forensic medical examination is an examination performed on an alleged victim of criminal sexual conduct for the purpose of gathering evidence of an alleged crime and is performed within ninety-six hours after the alleged crime unless good cause is shown for the delay in performing the examination. When an acute forensic medical examination is performed, the costs incurred by a health care facility or health care professional for performing the acute forensic medical examination or any preliminary medical screening examination may not be charged, either directly or through a third-party payer, to the alleged victim.

2. A child forensic medical examination is an examination performed on an alleged child victim of criminal sexual conduct for the purpose of gathering evidence of an alleged crime. When a child forensic medical examination is performed, the costs incurred by a health care facility or health care professional for performing the child forensic medical examination or any preliminary medical screening examination may not be charged, either directly or through a third-party payer, to the alleged child victim or the child's parent, guardian, or custodian.

3. Upon submission of appropriate documentation, the attorney general, within the limits of legislative appropriations, shall reimburse the health care facility or a health care professional for the reasonable costs incurred in performing the medical screening and acute forensic medical examination.

4. Evidence obtained during a medical examination under this section may not be used against an alleged victim for the prosecution of the alleged victim for a separate offense.

CREDIT(S)

S.L. 2007, ch. 138, § 1, eff. April 27, 2007; S.L. 2009, ch. 138, § 1, eff. Apr. 23, 2009.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-35-01

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-35. Child Victim and Witness Fair Treatment Standards

§ 12.1-35-01. Definitions

In this chapter, unless the context or subject matter otherwise requires:

1. “Child” means an individual under the age of eighteen years.

2. “Child development specialist” means an individual who demonstrates educational and work experience exhibiting an understanding of child development and behavior.

3. “Court” means a forum established by law for the adjudication of juvenile petitions, criminal complaints, informations, or indictments.

4. “Family member” means a spouse, child, sibling, parent, legal guardian, or custodian of a victim.

5. “Prosecuting attorney” includes city attorney, state's attorney, attorney general, or their assistants.

6. “Sex offense” includes all sex offenses defined as such in chapter 12.1-20.

7. “Victim” means a living child who has suffered direct or threatened physical, financial, or emotional harm as a result of the commission or attempted commission of a crime.

8. “Witness” means any living child who has been or is expected to be summoned to testify in a criminal case whether or not any action or proceeding has been commenced.

CREDIT(S)

S.L. 1987, ch. 175, § 2; S.L. 1993, ch. 134, § 1; S.L. 1997, ch. 138, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-35-02

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-35. Child Victim and Witness Fair Treatment Standards

§ 12.1-35-02. Additional services

In addition to all rights afforded to victims and witnesses by law, state's attorneys are encouraged to provide the following additional services to children who are involved in criminal proceedings as victims or witnesses:

1. Explanations, in language understood by the child, of all legal proceedings in which the child will be involved.

2. Advice to the court concerning the ability of a child witness to cooperate with the prosecution and the potential effects of the proceedings on the child.

3. Information about, and referrals to, appropriate social services programs to assist the child and the child's family members in coping with the emotional impact of the crime and the subsequent proceedings in which the child is involved.

4. Information about the availability of a child development specialist to ensure questions asked of the witness are chronologically and developmentally appropriate.

CREDIT(S)

S.L. 1987, ch. 175, § 3; S.L. 1993, ch. 134, § 2.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-35-03

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-35. Child Victim and Witness Fair Treatment Standards

§ 12.1-35-03. Information about child victims or witnesses of crimes generally may not appear in public record

1. In order to protect the child from possible trauma resulting from publicity, the name of the child victim or witness of a crime, except as specified in subsection 2, and identifying biographical information may not appear on the indictment or any other public record. Instead, a Jane Doe or Joe Doe designation must appear in all public records. Sealed confidential records containing the child's name and necessary biographical information must be kept in order to ensure that no defendant is charged twice.

2. Subsection 1 does not apply to the name and identifying biographical information of:

a. A child victim or witness of a criminal offense under title 39 or equivalent ordinance; and

b. A child victim of a fire.

CREDIT(S)

S.L. 1987, ch. 175, § 4; S.L. 1997, ch. 138, § 2.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-35-04

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-35. Child Victim and Witness Fair Treatment Standards

§ 12.1-35-04. Limits on interviews and testimony

The prosecuting attorney, the court, and appropriate law enforcement personnel, to the extent possible, shall protect the victim or witness from the psychological damage of repeated or lengthy interview, testimony, or discovery proceedings while preserving the rights of the public, the victim, and the person charged with the violation.

CREDIT(S)

S.L. 1987, ch. 175, § 5; S.L. 1993, ch. 134, § 3; S.L. 1997, ch. 139, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-35-05

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-35. Child Victim and Witness Fair Treatment Standards

§ 12.1-35-05. Prompt disposition

In all criminal cases and juvenile proceedings involving a child victim or witness, the court and the state's attorney shall take appropriate action to ensure a speedy trial in order to minimize the length of time the child must endure the stress of involvement in the proceedings. In ruling on any motion or other request for a delay or a continuance of proceedings, the court shall consider and give weight to any adverse impact the delay or continuance may have on the well-being of a child victim or witness.

CREDIT(S)

S.L. 1987, ch. 175, § 6.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-35-05.1

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-35. Child Victim and Witness Fair Treatment Standards

§ 12.1-35-05.1. Assistance during proceedings

Upon request of a witness who is under the age of fourteen, the court shall permit an individual selected by the court to sit with, accompany, or be in close proximity to the witness in order to provide support to the witness while that witness is giving testimony. In order to provide support to a witness who is fourteen years of age or older, while that witness is giving testimony, the court may permit an individual selected by the court to sit with, accompany, or be in close proximity to that witness.

CREDIT(S)

S.L. 1993, ch. 134, § 4.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-35-05.2

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-35. Child Victim and Witness Fair Treatment Standards

§ 12.1-35-05.2. Confidentiality of testimony

In any criminal proceeding in which the defendant is charged with a violation of chapter 12.1-20 involving a child, the court, upon the motion of the prosecuting attorney, shall conduct a hearing to determine whether the testimony of and relating to a child may be closed to the public in order to protect the child's reputation. In making the determination to close the proceedings, the court shall consider:

1. The nature and seriousness of the offense;

2. The age of the child;

3. The extent to which the size of the community would preclude the anonymity of the victim;

4. The likelihood of public opprobrium due to the status of the victim;

5. Whether the prosecution has demonstrated a substantial probability that the identity of the witness would otherwise be disclosed to the public during the proceeding and that the disclosure would cause serious harm to the witness;

6. Whether the witness has disclosed information concerning the case to the public through press conferences, public meetings, or other means; and

7. Any other factor the court may find necessary to protect the interests of justice.

CREDIT(S)

S.L. 1993, ch. 134, § 4.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-35-05.3

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-35. Child Victim and Witness Fair Treatment Standards

§ 12.1-35-05.3. Application to discovery proceedings

This chapter applies to any criminal proceeding, including a deposition or other discovery proceeding.

CREDIT(S)

S.L. 1993, ch. 134, § 4.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-35-06

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-35. Child Victim and Witness Fair Treatment Standards

§ 12.1-35-06. Cause of action for damages and injunctive relief

Nothing in this chapter may be construed as creating a cause of action for money damages or injunctive relief against the state, county, municipality, or any of their agencies, instrumentalities, or employees. Furthermore, the failure to provide a right, privilege, or notice to a child victim or witness under this chapter is not grounds for the defendant to seek to have the conviction or sentence set aside. This chapter does not limit any rights to which child victims and witnesses of crime are otherwise entitled.

CREDIT(S)

S.L. 1987, ch. 175, § 7.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-36-01

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-36. Female Genital Mutilation

§ 12.1-36-01. Surgical alteration of the genitals of female minor--Penalty--Exception

1. Except as provided in subsection 2, any person who knowingly separates or surgically alters normal, healthy, functioning genital tissue of a female minor is guilty of a class C felony.

2. A surgical operation is not a violation of this section if a licensed medical practitioner performs the operation to correct an anatomical abnormality or to remove diseased tissue that is an immediate threat to the health of the female minor. In applying this subsection, any belief that the operation is required as a matter of custom, ritual, or standard of practice may not be taken into consideration.

CREDIT(S)

S.L. 1995, ch. 140, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-37-01

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-37. Child Support Nonpayment

§ 12.1-37-01. Willful failure to pay child support--Classification of offenses--Affirmative defense--Penalty

1. A person is guilty of an offense if the person willfully fails to pay child support in an amount ordered by a court or other governmental agency having authority to issue the orders.

2. a. If the unpaid amount is greater than the greater of two thousand dollars or six times the monthly child support obligation, the offense is a class C felony.

b. If the unpaid amount is greater than the greater of one thousand dollars or three times the monthly child support obligation, but less than the amount required under subdivision a, the offense is a class A misdemeanor.

c. If the unpaid amount is less than the amount required under subdivision b, the offense is a class B misdemeanor.

3. If the failure to pay child support occurs while the defendant was in another state, and while the child was in this state, the offense must be construed to have been committed in this state.

4. It is an affirmative defense to a charge under subsection 1 that the defendant suffered from a disability during the periods an unpaid child support obligation accrued, such as to effectively preclude the defendant's employment at any gainful occupation. This defense is available only if the defendant lacked the means to pay the ordered amounts other than from employment.

5. For purposes of this section, “child support” has the meaning provided in section 14-09-09.10.

6. This section applies only to the willful failure to pay child support after August 1, 1995.

7. In a prosecution under this chapter, a copy of a record certified under section 14-08.1-08 is admissible as prima facie evidence of the contents of the record.

CREDIT(S)

S.L. 1995, ch. 141, § 1; S.L. 2007, ch. 148, § 1, eff. July 1, 2007.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-38-01

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-38. Assumption of Risk in Crimes

§ 12.1-38-01. Definitions

As used in this chapter, unless the context otherwise requires:

1. “Convicted” includes a finding of guilt, whether or not the adjudication of guilt is stayed or executed, an unwithdrawn judicial admission of guilt or guilty plea, a no contest plea, a judgment of conviction, an adjudication as a delinquent child, or an admission to a juvenile delinquency petition.

2. “Course of criminal conduct” includes the acts or omissions of a victim in resisting criminal conduct.

3. “Crime” includes an offense named in section 12.1-16-01, 12.1-16-02, 12.1-16-03, 12.1-17-01, 12.1-17-01.1, 12.1-17-02, 12.1-17-03, 12.1-17-04, chapter 12.1-18, section 12.1-20-03, 12.1-20-04, 12.1-20-05, 12.1-20-07, chapter 12.1-21, section 12.1-22-01, 12.1-22-02, or 12.1-22-03, or an attempt to commit any of these offenses. The term includes a crime in other states which would have been within this definition if the crime had been committed in this state.

4. “Perpetrator” means a person who has engaged in criminal conduct and includes a person convicted of a crime.

5. “Victim” means a person who was the object of another's criminal conduct and includes a person at the scene of an emergency who gives reasonable assistance to another person who is exposed to or has suffered grave physical harm.

CREDIT(S)

S.L. 1997, ch. 140, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-38-02

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-38. Assumption of Risk in Crimes

§ 12.1-38-02. Perpetrator's assumption of the risk

A perpetrator assumes the risk of loss, injury, or death resulting from or arising out of a course of criminal conduct involving a crime, as defined in this chapter, engaged in by the perpetrator or an accomplice, as defined in section 12.1-03-01, and the crime victim is immune from and not liable for any damages as a result of acts or omissions of the victim if the victim used reasonable force as authorized in section 12.1-05-03 or 12.1-05-04. However, the perpetrator's assumption of risk does not eliminate the crime victim's duty to protect against conditions upon the premises which the crime victim knows or has reason to know may create an unreasonable risk of harm or which may cause a foreseeable trespass by minors, nor does the assumption of risk apply to perpetrators who are mentally incompetent or deficient.

CREDIT(S)

S.L. 1997, ch. 140, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-38-03

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-38. Assumption of Risk in Crimes

§ 12.1-38-03. Evidence

Notwithstanding other evidence that the victim may adduce relating to the perpetrator's conviction of the crime involving the parties to a claim for relief, a certified copy of a guilty plea, a court judgment of guilt, a court record of conviction, or an adjudication as a delinquent child is conclusive proof of the perpetrator's assumption of the risk.

CREDIT(S)

S.L. 1997, ch. 140, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-38-04

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-38. Assumption of Risk in Crimes

§ 12.1-38-04. Attorney's fees to victim

If the perpetrator does not prevail in a claim for relief that is subject to this chapter, the court may award reasonable expenses, including attorney's fees and disbursements, to the victim.

CREDIT(S)

S.L. 1997, ch. 140, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-38-05

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-38. Assumption of Risk in Crimes

§ 12.1-38-05. Stay of claim for relief

Except to the extent needed to preserve evidence, any claim for relief in which the defense set forth in this chapter is raised must be stayed by the court on the motion of the defendant during the pendency of any criminal action against the plaintiff based on the alleged crime.

CREDIT(S)

S.L. 1997, ch. 140, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-39-01

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-39. Human Cloning

§ 12.1-39-01. Definitions

As used in this chapter, unless the context otherwise requires:

1. “Fetus” means a living organism of the species homo sapiens from eight weeks' development until complete expulsion or extraction from a woman's body, or until removal from an artificial womb or other similar environment designed to nurture the development of such organism.

2. “Human cloning” means human asexual reproduction, accomplished by introducing the genetic material of a human somatic cell into a fertilized or unfertilized oocyte, the nucleus of which has been or will be removed or inactivated, to produce a living organism with a human or predominantly human genetic constitution.

3. “Human embryo” means a living organism of the species homo sapiens from the single-celled state to eight weeks' development.

4. “Human somatic cell” means a cell having a complete set of chromosomes obtained from a living or deceased human organism of the species homo sapiens at any stage of development.

5. “Oocyte” means a human female germ cell, also known as an egg.

CREDIT(S)

S.L. 2003, ch. 114, § 1.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-39-02

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-39. Human Cloning

§ 12.1-39-02. Human cloning--Prohibition--Penalty

1. A person may not intentionally or knowingly:

a. Perform or attempt to perform human cloning;

b. Participate in performing or attempting to perform human cloning;

c. Transfer or receive the product of a human cloning for any purpose; or

d. Transfer or receive, in whole or in part, any oocyte, human embryo, human fetus, or human somatic cell, for the purpose of human cloning.

2. Nothing in subsection 1 restricts areas of scientific research not specifically prohibited, including in vitro fertilization, the administration of fertility-enhancing drugs, or research in the use of nuclear transfer or other cloning techniques to produce molecules, deoxyribonucleic acid, tissues, organs, plants, animals other than humans, or cells other than human embryos.

3. A person who violates subdivision a or b of subsection 1 is guilty of a class C felony. A person who violates subdivision c or d of subsection 1 is guilty of a class A misdemeanor.

CREDIT(S)

S.L. 2003, ch. 114, § 2.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-40-01

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-40. Human Trafficking

§ 12.1-40-01. Human trafficking--Penalty

1. A person is guilty of human trafficking if the person:

a. Benefits financially or receives anything of value from knowing participation in human trafficking; or

b. Promotes, recruits, entices, harbors, transports, provides, or obtains by any means, or attempts to promote, recruit, entice, harbor, transport, provide, or obtain by any means, another person, knowing that the person will be subject to human trafficking.

2. An offense under this section is a class AA felony if the person subject to human trafficking is less than eighteen years of age. Otherwise, the offense is a class A felony.

3. If the person subject to human trafficking is under the age of eighteen years, it is no defense that the actor did not know the child's age or reasonably believed the child to be eighteen years of age or older.

4. In addition to any sentence or fine imposed for a conviction of an offense under this chapter, the court shall order the person convicted to make restitution to the victim of the crime.

CREDIT(S)

S.L. 2009, ch. 139, § 1, eff. Aug. 1, 2009.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

NDCC, 12.1-40-02

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-40. Human Trafficking

§ 12.1-40-02. Definitions

In this chapter:

1. “Debt bondage” means the status or condition of a debtor arising from a pledge by the debtor of the debtor's personal services or those of a person under the debtor's control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined.

2. “Forced labor or services” means labor or services that are performed or provided by another person and are obtained or maintained through an actor's:

a. Threat, either implicit or explicit, scheme, plan, or pattern, or other action intended to cause a person to believe that, if the person did not perform or provide the labor or services:

(1) That person or another person would suffer bodily harm or physical restraint; or

(2) That any fact or alleged fact tending to cause shame or to subject any person to hatred, contempt, or ridicule would be exposed;

b. Physically restraining or threatening to physically restrain a person;

c. Abuse or threatened abuse of the legal process; or

d. Knowingly destroying, concealing, removing, confiscating, or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person.

“Forced labor or services” does not mean labor or services required to be performed by a person in compliance with a court order or as a required condition of probation, parole, or imprisonment.

3. “Human trafficking” means labor trafficking or sex trafficking.

4. “Labor trafficking” means the promotion, recruitment, transportation, transfer, harboring, enticement, provision, obtaining, or receipt of a person by any means, whether a United States citizen or foreign national, for the purpose of:

a. Debt bondage or forced labor or services;

b. Slavery or practices similar to slavery; or

c. The removal of organs through the use of coercion or intimidation.

5. “Sex trafficking” means the promotion, recruitment, transportation, transfer, harboring, enticement, provision, obtaining, or receipt of a person by any means, whether a United States citizen or foreign national, for the purpose of:

a. Causing the person or another to engage in sexual acts or sexual conduct in violation of chapter 12.1-20; or

b. Violating chapter 12.1-27.1, 12.1-27.2, or 12.1-29.

CREDIT(S)

S.L. 2009, ch. 139, § 1, eff. Aug. 1, 2009.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly