N.D. Cent. Code § 12.1-31-14 — ND Code / Title 12.1 / Chapter 12.1-31 / Section 12.1-31-14
12.1-31-14. Surreptitious intrusion or interference with privacy
Status: in_force

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.

3. An individual is guilty of an infraction if the individual enters upon another's property

and installs any device for observing, recording, or photographing wildlife while the

owner of the device is absent unless:

a. The individual has written permission from the owner or an individual authorized

by the owner of the property; and

b. The device has a permanently affixed metal or plastic tag with a registration

number issued by the game and fish department, or the individual's name,

address, and telephone number.

4. In a prosecution under this section, it is an affirmative defense that an individual was

acting pursuant to section 50-10.2-02.1.
N.D. Cent. Code § 12.1-01-05 — ND Code / Title 12.1 / Chapter 12.1-01 / Section 12.1-01-05
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 Crimes defined by state law shall not be superseded by city or county ordinance or by home rule city's or county's charter or ordinance
Status: in_force

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 Crimes defined by state law shall not be superseded by city or county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.

Except as provided in section 40-05-06, an offense defined in this title or elsewhere by law

may not 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 does not preclude any city or county from enacting any ordinance

containing penal language when otherwise authorized to do so by law.
N.D. Cent. Code § 12.1-06.1-05 — ND Code / Title 12.1 / Chapter 12.1-06.1 / Section 12.1-06.1-05
12.1-06.1-05. Racketeering - Civil remedies
Status: in_force

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.
N.D. Cent. Code § 12.1-22-04 — ND Code / Title 12.1 / Chapter 12.1-22 / Section 12.1-22-04
12.1-22-04. Unlawful entry into or concealment within a vehicle
Status: in_force

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.
N.D. Cent. Code § 12.1-17-08 — ND Code / Title 12.1 / Chapter 12.1-17 / Section 12.1-17-08
12.1-17-08. Consent as a defense
Status: in_force

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.
N.D. Cent. Code § 12.1-31-03.3 — ND Code / Title 12.1 / Chapter 12.1-31 / Section 12.1-31-03.3
12.1-31-03.3. Sale of flavored e-liquid to minors prohibited - Penalty
Status: in_force

12.1-31-03.3. Sale of flavored e-liquid to minors prohibited - Penalty

1. A person may not sell, offer for sale, or distribute in this state any flavored e-liquid or

electronic smoking device containing flavored e-liquid to an individual under

twenty-one years of age.

2. A person that violates subsection 1 and is not a manufacturer is subject to a fine of five

hundred dollars for each individual package of flavored e-liquid product or electronic

smoking device containing flavored e-liquid sold or offered for sale.
N.D. Cent. Code § 12.1-27.1-02 — ND Code / Title 12.1 / Chapter 12.1-27.1 / Section 12.1-27.1-02
12.1-27.1-02. Promoting obscenity to minors - Definitions
Status: in_force

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.
N.D. Cent. Code § 12.1-35-05.1 — ND Code / Title 12.1 / Chapter 12.1-35 / Section 12.1-35-05.1
12.1-35-05.1. Assistance during proceedings
Status: in_force

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.
N.D. Cent. Code § 12.1-14-03 — ND Code / Title 12.1 / Chapter 12.1-14 / Section 12.1-14-03
12.1-14-03. Safeguarding elections
Status: in_force

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.
N.D. Cent. Code § 12.1-41-10 — ND Code / Title 12.1 / Chapter 12.1-41 / Section 12.1-41-10
12.1-41-10. Victim confidentiality
Status: in_force

12.1-41-10. Victim confidentiality

In an investigation of or a prosecution for an offense under this chapter, a law enforcement

agency and state's attorney shall keep confidential the identity, pictures, and images of the

alleged victim and the family of the alleged victim, except to the extent that disclosure is:

1. Necessary for the purpose of investigation or prosecution;

2. Required by law or court order; or

3. Necessary to ensure provision of services or benefits for the victim or the victim's

family.
N.D. Cent. Code § 12.1-02-05 — ND Code / Title 12.1 / Chapter 12.1-02 / Section 12.1-02-05
12.1-02-05. Causal relationship between conduct and result
Status: in_force

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.
N.D. Cent. Code § 12.1-41-02 — ND Code / Title 12.1 / Chapter 12.1-41 / Section 12.1-41-02
12.1-41-02. Trafficking an individual
Status: in_force

12.1-41-02. Trafficking an individual

1. A person commits the offense of trafficking an individual if the person knowingly

recruits, transports, transfers, harbors, receives, provides, obtains, isolates, maintains,

or entices an individual in furtherance of:

a. Forced labor in violation of section 12.1-41-03; or

b. Sexual servitude in violation of section 12.1-41-04.

2. Trafficking an individual who is an adult is a class A felony.

3. Trafficking an individual who is a minor is a class AA felony.
N.D. Cent. Code § 12.1-32-07.3 — ND Code / Title 12.1 / Chapter 12.1-32 / Section 12.1-32-07.3
12.1-32-07.3. When probationer deemed escapee and fugitive from justice
Status: in_force

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.
N.D. Cent. Code § 12.1-35-03 — ND Code / Title 12.1 / Chapter 12.1-35 / Section 12.1-35-03
12.1-35-03. Information about child victims or witnesses of crimes generally may not appear in public record
Status: in_force

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 child 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. Interviews and statements of child victims or child witnesses obtained during an

investigation of a crime of a violent or sexual nature are exempt.

3. Subsection 1 does not apply to the name and identifying biographical information of:

a. A child victim or child witness of a criminal offense under title 39 or equivalent

ordinance; and

b. A child victim of a fire.
N.D. Cent. Code § 12.1-07-04 — ND Code / Title 12.1 / Chapter 12.1-07 / Section 12.1-07-04
12.1-07-04. Red or black flags prohibited
Status: repealed

12.1-07-04. Red or black flags prohibited

Repealed by S.L. 1981, ch. 155, § 2.
N.D. Cent. Code § 12.1-04-09 — ND Code / Title 12.1 / Chapter 12.1-04 / Section 12.1-04-09
12.1-04-09. Legal objections to prosecution allowed
Status: in_force

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.
N.D. Cent. Code § 12.1-41-17 — ND Code / Title 12.1 / Chapter 12.1-41 / Section 12.1-41-17
12.1-41-17. Eligibility for benefit or service
Status: in_force

12.1-41-17. Eligibility for benefit or service

1. A victim is eligible for a benefit or service available through the state, including

compensation under chapter 54-23.4, regardless of immigration status.

2. A minor who has engaged in commercial sexual activity is eligible for a benefit or

service available through the state, regardless of immigration status.

3. As soon as practicable after a first encounter with an individual who reasonably

appears to law enforcement to be a victim or a minor who has engaged in commercial

sexual activity, the law enforcement agency shall notify the victim services division of

the department of corrections and rehabilitation that the individual may be eligible for a

benefit or service under the law of this state.

4. For purposes of this section, "a benefit or service available through the state" does not

include a benefit or service of a program administered by the department of health and

human services using federal or special funds, if the victim or minor does not meet

program eligibility requirements including an eligibility requirement that is based on

immigration status.
N.D. Cent. Code § 12.1-35-02 — ND Code / Title 12.1 / Chapter 12.1-35 / Section 12.1-35-02
12.1-35-02. Additional services
Status: in_force

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.
N.D. Cent. Code § 12.1-38-04 — ND Code / Title 12.1 / Chapter 12.1-38 / Section 12.1-38-04
12.1-38-04. Attorney's fees to victim
Status: in_force

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.
N.D. Cent. Code § 12.1-08-06 — ND Code / Title 12.1 / Chapter 12.1-08 / Section 12.1-08-06
12.1-08-06. Escape
Status: in_force

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.
N.D. Cent. Code § 12.1-29-05 — ND Code / Title 12.1 / Chapter 12.1-29 / Section 12.1-29-05
12.1-29-05. Definitions
Status: in_force

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.
N.D. Cent. Code § 12.1-19.1-02 — ND Code / Title 12.1 / Chapter 12.1-19.1 / Section 12.1-19.1-02
12.1-19.1-02. Abortion prohibited - Penalty
Status: in_force

12.1-19.1-02. Abortion prohibited - Penalty

It is a class C felony for a person, other than the pregnant female upon whom the abortion

was performed, to perform an abortion.
N.D. Cent. Code § 12.1-34-06 — ND Code / Title 12.1 / Chapter 12.1-34 / Section 12.1-34-06
12.1-34-06. Statewide automated victim information and notification system
Status: in_force

12.1-34-06. Statewide automated victim information and notification system

1. The office of the attorney general shall maintain 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, text message, or electronic mail in

accordance with this chapter.

c. Notify a registered victim by telephone, mail, text message, or electronic mail

when the offender has a scheduled court proceeding, a parole 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, text message, or electronic mail

when a protective order requested by the victim has been served upon the

respondent.

e. 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 by calling the system on a toll-free telephone number or by

accessing the system through a public website.

2. 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. 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, and the parole clerk, shall

cooperate with the system operator in establishing and maintaining the statewide

automated victim information and notification system.
N.D. Cent. Code § 12.1-41-05 — ND Code / Title 12.1 / Chapter 12.1-41 / Section 12.1-41-05
12.1-41-05. Patronizing a victim of sexual servitude
Status: in_force

12.1-41-05. Patronizing a victim of sexual servitude

1. A person commits the offense of patronizing a victim of sexual servitude if the person

knowingly gives, agrees to give, or offers to give anything of value so that an individual

may engage in commercial sexual activity with another individual and the person

knows that the other individual is a victim of sexual servitude.

2. Patronizing a victim of sexual servitude who is an adult is a class B felony.

3. Patronizing a victim of sexual servitude who is a minor is a class A felony.
N.D. Cent. Code § 12.1-03-01 — ND Code / Title 12.1 / Chapter 12.1-03 / Section 12.1-03-01
12.1-03-01. Accomplices
Status: in_force

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.
N.D. Cent. Code § 12.1-20-13 — ND Code / Title 12.1 / Chapter 12.1-20 / Section 12.1-20-13
12.1-20-13. Bigamy
Status: in_force

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.
N.D. Cent. Code § 12.1-23-12 — ND Code / Title 12.1 / Chapter 12.1-23 / Section 12.1-23-12
12.1-23-12. Jurisdiction - Conduct outside this state
Status: in_force

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.
N.D. Cent. Code § 12.1-20-18 — ND Code / Title 12.1 / Chapter 12.1-20 / Section 12.1-20-18
12.1-20-18. Definitions
Status: repealed

12.1-20-18. Definitions

Repealed by S.L. 1993, ch. 129, § 5.
N.D. Cent. Code § 12.1-32-05 — ND Code / Title 12.1 / Chapter 12.1-32 / Section 12.1-32-05
12.1-32-05. Imposition of fine - Response to nonpayment
Status: in_force

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.
N.D. Cent. Code § 12.1-21.1-03 — ND Code / Title 12.1 / Chapter 12.1-21.1 / Section 12.1-21.1-03
12.1-21.1-03. Entry forbidden - Notice
Status: in_force

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.
N.D. Cent. Code § 12.1-01-02 — ND Code / Title 12.1 / Chapter 12.1-01 / Section 12.1-01-02
12.1-01-02. General purposes
Status: in_force

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.
N.D. Cent. Code § 12.1-17.1-01 — ND Code / Title 12.1 / Chapter 12.1-17.1 / Section 12.1-17.1-01
12.1-17.1-01. Definitions
Status: in_force

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.
N.D. Cent. Code § 12.1-35-06 — ND Code / Title 12.1 / Chapter 12.1-35 / Section 12.1-35-06
12.1-35-06. Cause of action for damages and injunctive relief
Status: in_force

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.
N.D. Cent. Code § 12.1-06.1-04 — ND Code / Title 12.1 / Chapter 12.1-06.1 / Section 12.1-06.1-04
12.1-06.1-04. Judicial powers over racketeering criminal cases
Status: in_force

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.
N.D. Cent. Code § 12.1-20-09 — ND Code / Title 12.1 / Chapter 12.1-20 / Section 12.1-20-09
12.1-20-09. Adultery
Status: in_force

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.
N.D. Cent. Code § 12.1-22-02 — ND Code / Title 12.1 / Chapter 12.1-22 / Section 12.1-22-02
12.1-22-02. Burglary
Status: in_force

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.
N.D. Cent. Code § 12.1-05-12 — ND Code / Title 12.1 / Chapter 12.1-05 / Section 12.1-05-12
12.1-05-12. Definitions
Status: in_force

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.
N.D. Cent. Code § 12.1-11-05 — ND Code / Title 12.1 / Chapter 12.1-11 / Section 12.1-11-05
12.1-11-05. Tampering with public records
Status: in_force

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.
N.D. Cent. Code § 12.1-23-10 — ND Code / Title 12.1 / Chapter 12.1-23 / Section 12.1-23-10
12.1-23-10. Definitions for theft and related offenses
Status: in_force

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. "Shoplifting" means to willfully take possession of any merchandise owned, held,

offered, or displayed for sale, by a merchant, store, or other mercantile establishment,

with the intent to deprive the owner of the merchandise. The term includes:

a. Removing merchandise from a store or other mercantile establishment without

paying for the merchandise;

b. Concealing a nonpurchased good or merchandise;

c. Altering, transferring, or removing a price marking on a good or merchandise;

d. Transferring a good from one container to another; and

e. Causing the amount paid for a good or merchandise to be less than the stated

retail price.

12. "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.

13. "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.

14. "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.
N.D. Cent. Code § 12.1-34-02.1 — ND Code / Title 12.1 / Chapter 12.1-34 / Section 12.1-34-02.1
12.1-34-02.1. Sexual violence survivor rights
Status: in_force

12.1-34-02.1. Sexual violence survivor rights

1. As used in this section:

a. "Sexual assault victim advocate" means a victim advocate of a domestic violence

sexual assault organization as defined under section 14-07.1-01, or a victim

advocate from a children's advocacy center as defined in section 50-25.1-02.

b. "Sexual violence survivor" means an individual who is a victim of a crime defined

under 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, 12.1-20-11, or 12.1-20-12.3.

2. In addition to the rights provided under section 12.1-34-02, a sexual violence survivor

must be afforded the following rights.

a. The right to consult with a sexual assault victim advocate during any forensic

medical examination, unless the advocate is not available in a timely manner. A

survivor's:

(1) Communication with a sexual assault victim advocate is privileged, unless

waived by the survivor; and

(2) Waiver of the right to a sexual assault victim advocate is privileged.

b. The right to the presence of privately retained counsel when speaking with law

enforcement regarding the alleged assault, unless law enforcement is conducting

a forensic interview with an alleged child victim.

c. Except as provided by law, the right to access the law enforcement report

prepared for the survivor's case at no cost.

d. The right to a document prepared by the attorney general explaining the rights of

sexual violence survivors under this section and other relevant law, which must

be provided by a medical provider or law enforcement officer upon initial contact

with the survivor.
N.D. Cent. Code § 12.1-17-13 — ND Code / Title 12.1 / Chapter 12.1-17 / Section 12.1-17-13
12.1-17-13. Mandated intervention program for domestic violence offenders
Status: in_force

12.1-17-13. Mandated intervention program for domestic violence offenders

1. As used in this section, "intimate partner" means an offender's spouse, former spouse,

current dating partner, recent former dating partner, or another individual with whom

the offender has a child in common regardless of whether the offender and the

individual are or have been married to each other, are or have been in a dating

relationship with each other, or resided together at any time.

2. The sentence for an offense under section 12.1-17-01, 12.1-17-01.1, 12.1-17-01.2,

12.1-17-02, 12.1-17-03, 12.1-17-04, 12.1-17-05, 12.1-17-07, 12.1-17-07.1, 12.1-18-02,

12.1-18-03, 12.1-21-05, 12.1-21-06.1, 12.1-31.2-02, or 14-07.7-07 against an intimate

partner, must include an order to complete a domestic violence offender assessment

and intervention program as determined by the court. A court may not order the

offender to attend anger management classes or individual counseling unless a

domestic violence offender intervention program is not reasonably available to the

defendant and the court makes findings for the record explaining why an order to

complete a domestic violence offender intervention program would be inappropriate.

3. If an offender who is ordered to complete a domestic violence offender assessment

and intervention program is assessed and determined to be inappropriate for the

program by the program provider, a court may find the order to complete a domestic

violence offender assessment and intervention program to be satisfied or may order

the offender to complete other appropriate programming.
N.D. Cent. Code § 12.1-11-03 — ND Code / Title 12.1 / Chapter 12.1-11 / Section 12.1-11-03
12.1-11-03. False information or report to law enforcement officers or security officials
Status: in_force

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

officials.

1. An individual is guilty of a class A misdemeanor if that individual:

a. Gives false information or a false report to a law enforcement officer which that

individual knows to be false, and the information or report may interfere with an

investigation or may materially mislead a law enforcement officer; or

b. 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 individual knows the incident did not occur. "Security official"

means a public servant responsible for averting or handling emergencies

involving public safety.

2. An on duty law enforcement officer having probable cause to suspect an individual has

vexatiously provided a false report regarding another individual to a law enforcement

officer or security official shall report the information to the state's attorney of the

county in which the violation occurs.
N.D. Cent. Code § 12.1-27.2-03 — ND Code / Title 12.1 / Chapter 12.1-27.2 / Section 12.1-27.2-03
12.1-27.2-03. Promoting or directing an obscene sexual performance by a minor
Status: in_force

12.1-27.2-03. Promoting or directing an obscene sexual performance by a minor

A person is guilty of a class A 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.
N.D. Cent. Code § 12.1-41-18 — ND Code / Title 12.1 / Chapter 12.1-41 / Section 12.1-41-18
12.1-41-18. Law enforcement protocol
Status: in_force

12.1-41-18. Law enforcement protocol

1. On request from an individual whom a law enforcement officer reasonably believes is a

victim who is or has been subjected to a severe form of trafficking or criminal offense

required for the individual to qualify for a nonimmigrant T or U visa under 8 U.S.C.

1101(a)(15)(T) or 8 U.S.C. 1101(a)(15)(U), or for continued presence under 22 U.S.C.

7105(c)(3), the law enforcement officer, as soon as practicable after receiving the

request, shall complete, sign, and give to the individual the form I-914B or form I-918B

provided by the United States citizenship and immigration services on its internet

website and ask a federal law enforcement officer to request continued presence.

2. If the law enforcement agency determines that an individual does not meet the

requirements for the law enforcement agency to comply with subsection 1, the law

enforcement agency shall inform the individual of the reason and that the individual

may make another request under subsection 1 and submit additional evidence

satisfying the requirements.
N.D. Cent. Code § 12.1-27.1-03.1 — ND Code / Title 12.1 / Chapter 12.1-27.1 / Section 12.1-27.1-03.1
12.1-27.1-03.1. Objectionable materials or performance - Display to minors - Definitions - Penalty
Status: in_force

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.
N.D. Cent. Code § 12.1-19.1-01 — ND Code / Title 12.1 / Chapter 12.1-19.1 / Section 12.1-19.1-01
12.1-19.1-01. Definitions
Status: in_force

12.1-19.1-01. Definitions

As used in this chapter:

1. "Abortion" means the act of using, selling, or prescribing any instrument, medicine,

drug, or any other substance, device, or means with the intent to terminate the

clinically diagnosable pregnancy of a woman, including the elimination of one or more

unborn children in a multifetal pregnancy, with knowledge the termination by those

means will with reasonable likelihood cause the death of the unborn child. The use,

sale, prescription, or means is not an abortion if done with the intent to:

a. Remove a dead unborn child caused by spontaneous abortion;

b. Treat a woman for an ectopic pregnancy; or

c. Treat a woman for a molar pregnancy.

2. "Physician" means an individual licensed to practice medicine or osteopathy under

chapter 43-17 or a physician who practices in the armed services of the United States

or in the employ of the United States.

3. "Probable gestational age of the unborn child" means what, in reasonable medical

judgment, will with reasonable probability be the gestational age of the unborn child.

4. "Reasonable medical 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.

5. "Serious health risk" means a condition that, in reasonable medical judgment,

complicates the medical condition of the pregnant woman so that it necessitates an

abortion to prevent substantial physical impairment of a major bodily function, not

including any psychological or emotional condition. The term may not be based on a

claim or diagnosis that the woman will engage in conduct that will result in her death or

in substantial physical impairment of a major bodily function.
N.D. Cent. Code § 12.1-04-02 — ND Code / Title 12.1 / Chapter 12.1-04 / Section 12.1-04-02
12.1-04-02. Intoxication
Status: in_force

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.
N.D. Cent. Code § 12.1-04.1-19 — ND Code / Title 12.1 / Chapter 12.1-04.1 / Section 12.1-04.1-19
12.1-04.1-19. Post-trial motions and appeal from verdict or finding of not guilty by reason of lack of criminal responsibility
Status: in_force

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.
N.D. Cent. Code § 12.1-21-05 — ND Code / Title 12.1 / Chapter 12.1-21 / Section 12.1-21-05
12.1-21-05. Criminal mischief
Status: in_force

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 C felony if the actor commits the offense while engaged in a riot, as

defined in section 12.1-25-01.

d. 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.
N.D. Cent. Code § 12.1-08-09 — ND Code / Title 12.1 / Chapter 12.1-08 / Section 12.1-08-09
12.1-08-09. Introducing or possessing contraband useful for escape
Status: in_force

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.
N.D. Cent. Code § 12.1-34-08 — ND Code / Title 12.1 / Chapter 12.1-34 / Section 12.1-34-08
12.1-34-08. Victim's rights card
Status: in_force

12.1-34-08. Victim's rights card

The attorney general shall develop a card containing the rights of victims as provided in this

chapter and section 25 of article I of the Constitution of North Dakota to be distributed to all

crime victims.
N.D. Cent. Code § 12.1-32-11 — ND Code / Title 12.1 / Chapter 12.1-32 / Section 12.1-32-11
12.1-32-11. Merger of sentences - Sentencing for multiple offenses
Status: repealed

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.
N.D. Cent. Code § 12.1-31-08 — ND Code / Title 12.1 / Chapter 12.1-31 / Section 12.1-31-08
12.1-31-08. Possession or distribution of certain photographs or other visual representations prohibited - Penalty
Status: repealed

12.1-31-08. Possession or distribution of certain photographs or other visual

representations prohibited - Penalty.

Repealed by S.L. 2009, ch. 133, § 3.
N.D. Cent. Code § 12.1-35-05.3 — ND Code / Title 12.1 / Chapter 12.1-35 / Section 12.1-35-05.3
12.1-35-05.3. Application to discovery proceedings
Status: in_force

12.1-35-05.3. Application to discovery proceedings

This chapter applies to any criminal proceeding, including a deposition or other discovery

proceeding.
N.D. Cent. Code § 12.1-07-03 — ND Code / Title 12.1 / Chapter 12.1-07 / Section 12.1-07-03
12.1-07-03. Carrying in parade or the display of certain flags, ensigns, banners, and standards prohibited
Status: in_force

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.
N.D. Cent. Code § 12.1-38-01 — ND Code / Title 12.1 / Chapter 12.1-38 / Section 12.1-38-01
12.1-38-01. Definitions
Status: in_force

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, 12.1-17-01.2, 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.
N.D. Cent. Code § 12.1-17-11 — ND Code / Title 12.1 / Chapter 12.1-17 / Section 12.1-17-11
12.1-17-11. Contact by bodily fluids or excrement
Status: in_force

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. An individual lawfully present in a correctional facility who is not an inmate;

d. An individual lawfully present in the penitentiary or an affiliated facility of the

penitentiary who is not an inmate;

e. An individual transporting an individual who is lawfully detained;

f. A health care facility employee or contractor acting within the scope of

employment unless the employee or contractor is performing an act within the

scope of employment which requires or causes the contact; or

g. An emergency responder, including a licensed medical services provider, law

enforcement officer, firefighter, volunteer firefighter, officer of a nonprofit volunteer

fire department, emergency medical technician, emergency nurse, ambulance

operator, or a provider of civil defense services, who while acting in the scope of

employment is present at a health care facility.

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.

4. As used in this section, "health care facility" means an office or institution providing

health care services or treatment of diseases, whether physical, mental, or emotional,

or other medical, physiological, or psychological conditions, including a hospital; clinic;

ambulatory surgery center; outpatient care facility; weight control clinic; nursing home;

basic care or assisted living facility; laboratory; or office of any medical professional

licensed or registered under title 43 or any individual who is included within a specialty

and subspecialty of those fields. The term includes a waiting room, hallway, private

room, semiprivate room, ward, and any mobile or temporary facility.
N.D. Cent. Code § 12.1-02-04 — ND Code / Title 12.1 / Chapter 12.1-02 / Section 12.1-02-04
12.1-02-04. Ignorance or mistake negating culpability
Status: repealed

12.1-02-04. Ignorance or mistake negating culpability

Repealed by S.L. 1975, ch. 116, § 33.
N.D. Cent. Code § 12.1-03-04 — ND Code / Title 12.1 / Chapter 12.1-03 / Section 12.1-03-04
12.1-03-04. Definitions and general provisions
Status: in_force

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.
N.D. Cent. Code § 12.1-27.2-04 — ND Code / Title 12.1 / Chapter 12.1-27.2 / Section 12.1-27.2-04
12.1-27.2-04. Promoting a sexual performance by a minor
Status: in_force

12.1-27.2-04. Promoting a 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 performance which includes sexual conduct by a

person who was a minor at the time of the performance.
N.D. Cent. Code § 12.1-22-06 — ND Code / Title 12.1 / Chapter 12.1-22 / Section 12.1-22-06
12.1-22-06. Definitions
Status: in_force

12.1-22-06. Definitions

In sections 12.1-22-02 to 12.1-22-06:

1. "Dwelling" means real property or residential property, including a building, structure,

or part of a building or structure, used or intended to be used as a home or residence.

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.
N.D. Cent. Code § 12.1-32-13 — ND Code / Title 12.1 / Chapter 12.1-32 / Section 12.1-32-13
12.1-32-13. Minor convicted of felony - Sentencing
Status: in_force

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.
N.D. Cent. Code § 12.1-17-10 — ND Code / Title 12.1 / Chapter 12.1-17 / Section 12.1-17-10
12.1-17-10. Hazing - Penalty
Status: in_force

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.
N.D. Cent. Code § 12.1-01-04 — ND Code / Title 12.1 / Chapter 12.1-01 / Section 12.1-01-04
12.1-01-04. General definitions
Status: in_force

12.1-01-04. General definitions

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

1. "Absconded" means when a probationer, parolee, participant in a pretrial services

program, or participant in a prosecution-led diversion program willfully avoids

supervision by making their whereabouts unknown or fails to report to a supervising

authority.

2. "Act" or "action" means a bodily movement, whether voluntary or involuntary.

3. "Acted", "acts", and "actions" include, where relevant, "omitted to act" and "omissions

to act".

4. "Actor" includes, where relevant, a person guilty of an omission.

5. "Bodily injury" means any impairment of physical condition, including physical pain.

6. "Court" means any of the following courts: the supreme court, a district court, and

where relevant, a municipal court.

7. "Dangerous weapon" includes any switchblade or gravity knife, machete, scimitar,

stiletto, sword, or dagger; any billy, blackjack, sap, bludgeon, cudgel, metal knuckles,

or sand club; any slingshot; any bow and arrow, crossbow, or spear; any weapon that

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.

8. "Destructive device" means any explosive, incendiary or poison gas bomb, grenade,

mine, rocket, missile, or similar device.

9. "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.

10. "Firearm" means any weapon that 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 state or any political subdivision of

the state, 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 that 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. That is established by proof of the same or less than all the facts required to

establish commission of the offense charged;

b. That consists of criminal facilitation of or an attempt or solicitation to commit the

offense charged; or

c. That 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. "Manifest injustice" means a specific finding by the court that the imposition of

sentence is unreasonably harsh or shocking to the conscience of a reasonable

individual, with due consideration of the totality of circumstances.

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 that 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. "Possesses" means an individual has:

a. Direct physical control of something on or around the individual's person; or

b. The power and intention to exercise control over something accessible to but not

on or around the individual's person.

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. The term does not include witnesses.

28. "Responsivity factors" means characteristics of an individual which affect the

individual's ability to respond favorably or unfavorably to a treatment goal.

29. "Risk assessment" means a validated, standardized actuarial tool used to identify

potential risk factors that increase the likelihood an individual will reoffend and

responsivity factors that, when addressed, reduce the likelihood an individual will

reoffend. The initial phase is an assessment tool that is administered by a trained

corrections professional. A predetermined score on the initial phase initiates the

secondary process, approved by the department of health and human services, that

may include a clinical interview, psychological testing, and verification through

collateral information or psychophysiological testing, or both. The department of health

and human services shall perform the secondary process of the risk assessment.

30. "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.

31. "Signature" includes any name, mark, or sign written or affixed with intent to

authenticate any instrument or writing.

32. "Substantial bodily injury" means a substantial temporary disfigurement, loss, or

impairment of the function of any bodily member or organ.

33. "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.

34. "Tier 1 mental health professional" has the same meaning as provided under section

25-01-01.
N.D. Cent. Code § 12.1-20-07 — ND Code / Title 12.1 / Chapter 12.1-20 / Section 12.1-20-07
12.1-20-07. Sexual assault
Status: in_force

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. 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; or

b. 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 if the actor's conduct violates subdivision a of

subsection 1.
N.D. Cent. Code § 12.1-12-06 — ND Code / Title 12.1 / Chapter 12.1-12 / Section 12.1-12-06
12.1-12-06. Threatening public servants
Status: in_force

12.1-12-06. Threatening public servants

1. A person is guilty of a class C felony if that person threatens harm to a public servant

with intent to influence the public servant's official action as a public servant in a

pending or prospective judicial or administrative proceeding held before the public

servant, or with intent to influence the public servant to violate the public servant's 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, the person 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 individual, living or deceased, to hatred, contempt, or ridicule, or to

impair another's credit or business repute.

3. a. A person is guilty of an offense if the person files any lien or encumbrance

against real or personal property of a public servant if that person knows or has

reason to know the lien or encumbrance is false or contains any materially false

or fraudulent statement or representation.

b. An offense under this subsection is a class A misdemeanor, unless the person

previously pled guilty or had been convicted under this subsection on two or more

occasions, in which event the offense is a class C felony.

4. It is not a defense to a prosecution under this section that an individual whom the actor

sought to influence was not qualified to act in the desired way whether because the

individual had not yet assumed office, or lacked jurisdiction, or for any other reason.
N.D. Cent. Code § 12.1-27.1-06 — ND Code / Title 12.1 / Chapter 12.1-27.1 / Section 12.1-27.1-06
12.1-27.1-06. Commencement of civil proceeding - Intervention - Seizure of materials
Status: repealed

12.1-27.1-06. Commencement of civil proceeding - Intervention - Seizure of materials

Repealed by S.L. 1981, ch. 157, § 1.
N.D. Cent. Code § 12.1-09-03 — ND Code / Title 12.1 / Chapter 12.1-09 / Section 12.1-09-03
12.1-09-03. Tampering with physical evidence
Status: in_force

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.
N.D. Cent. Code § 12.1-27.1-11 — ND Code / Title 12.1 / Chapter 12.1-27.1 / Section 12.1-27.1-11
12.1-27.1-11. Exceptions to criminal liability
Status: in_force

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.
N.D. Cent. Code § 12.1-21-03.1 — ND Code / Title 12.1 / Chapter 12.1-21 / Section 12.1-21-03.1
12.1-21-03.1. Negligent act resulting in fire - Penalty
Status: in_force

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.
N.D. Cent. Code § 12.1-23.1-04 — ND Code / Title 12.1 / Chapter 12.1-23.1 / Section 12.1-23.1-04
12.1-23.1-04. Amateur radio communications - Exemption
Status: in_force

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.
N.D. Cent. Code § 12.1-06-04 — ND Code / Title 12.1 / Chapter 12.1-06 / Section 12.1-06-04
12.1-06-04. Criminal conspiracy
Status: in_force

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.
N.D. Cent. Code § 12.1-34-07 — ND Code / Title 12.1 / Chapter 12.1-34 / Section 12.1-34-07
12.1-34-07. Medical screening and acute forensic medical examinations costs - Reimbursement by attorney general - Use of evidence
Status: in_force

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 or domestic violence for the purpose of gathering

evidence of an alleged crime and is performed within one hundred twenty 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, physical abuse, or neglect 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 from the general fund the health care

facility or a health care professional for the reasonable costs incurred in performing the

medical screening and acute forensic medical examination. The attorney general,

subject to legislative appropriations, shall reimburse from the general fund each

accredited children's advocacy center located in the state for a forensic interview that

is not reimbursable by Medicaid or crime victims compensation.

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.
N.D. Cent. Code § 12.1-23-09 — ND Code / Title 12.1 / Chapter 12.1-23 / Section 12.1-23-09
12.1-23-09. Defenses and proof as to theft and related offenses
Status: in_force

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 reasonably believed that the actor had a claim to the property or

services involved which the actor was entitled to assert in the manner which

forms the basis for the charge against the actor; 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 the person as part of that person's

official duties or if an audit reveals a shortage or falsification of the person's

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

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.
N.D. Cent. Code § 12.1-02-02 — ND Code / Title 12.1 / Chapter 12.1-02 / Section 12.1-02-02
12.1-02-02. Requirements of culpability
Status: in_force

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.
N.D. Cent. Code § 12.1-14-04 — ND Code / Title 12.1 / Chapter 12.1-14 / Section 12.1-14-04
12.1-14-04. Discrimination in public places
Status: in_force

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.
N.D. Cent. Code § 12.1-23-07 — ND Code / Title 12.1 / Chapter 12.1-23 / Section 12.1-23-07
12.1-23-07. Misapplication of entrusted property
Status: in_force

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 A felony if the value of the property misapplied exceeds fifty thousand

dollars.

b. A class B felony if the value of the property misapplied exceeds ten thousand

dollars but does not exceed fifty thousand dollars.

c. A class C felony if the value of the property misapplied exceeds one thousand

dollars but does not exceed ten thousand dollars.

d. A class A misdemeanor if the value of the property misapplied exceeds five

hundred dollars but does not exceed one thousand dollars.

e. A class B misdemeanor in all other cases.
N.D. Cent. Code § 12.1-36-01 — ND Code / Title 12.1 / Chapter 12.1-36 / Section 12.1-36-01
12.1-36-01. Surgical alteration of the genitals of female minor - Penalty - Exception
Status: in_force

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.

3. Any parent, adult family or household member, guardian, or other custodian of any

child who willfully allows a child to be surgically altered under this section is guilty of

child abuse under subsection 1 of section 14-09-22.

4. A custom, ritual, religious practice, or the consent of the parent or guardian of a minor

is not a defense against a violation under this section.

5. Notwithstanding the limitations of section 29-04-02, prosecution for a violation of

subsection 3 must be commenced within three years of the date of the offense or

within three years after the offense is reported to law enforcement, whichever is later.
N.D. Cent. Code § 12.1-05-07.2 — ND Code / Title 12.1 / Chapter 12.1-05 / Section 12.1-05-07.2
12.1-05-07.2. Immunity from civil liability for justifiable use of force
Status: in_force

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 loss of income, reasonable attorney's fees, 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.
N.D. Cent. Code § 12.1-06.1-03 — ND Code / Title 12.1 / Chapter 12.1-06.1 / Section 12.1-06.1-03
12.1-06.1-03. Illegal control of an enterprise - Illegally conducting an enterprise
Status: in_force

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.
N.D. Cent. Code § 12.1-15-02 — ND Code / Title 12.1 / Chapter 12.1-15 / Section 12.1-15-02
12.1-15-02. Interception of wire or oral communications - Eavesdropping
Status: in_force

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.
N.D. Cent. Code § 12.1-08-08 — ND Code / Title 12.1 / Chapter 12.1-08 / Section 12.1-08-08
12.1-08-08. Inciting or leading riot in detention facilities
Status: in_force

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.
N.D. Cent. Code § 12.1-27.1-03.5 — ND Code / Title 12.1 / Chapter 12.1-27.1 / Section 12.1-27.1-03.5
12.1-27.1-03.5. Public libraries prohibited from maintaining explicit sexual material - Report
Status: in_force

12.1-27.1-03.5. Public libraries prohibited from maintaining explicit sexual material -

Report.

1. As used in this section:

a. "Explicit sexual material" means any material which:

(1) Taken as a whole, appeals to the prurient interest of minors;

(2) 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

(3) Taken as a whole, lacks serious literary, artistic, political, or scientific value

for minors.

b. "Public library" means a library established under chapter 40-38.

2. A public library may not maintain in its children's collection inventory books that contain

explicit sexual material.

3. By January 1, 2024, each public library shall develop a policy and process for

reviewing library collections to ensure conformance with the requirements of this

section. The policy must include a procedure:

a. For the removal or relocation of explicit sexual material in the public library;

b. For the development of a book collection that is appropriate for the age and

maturity levels of the individuals who may access the materials, and which is

suitable for, and consistent with, the purpose of the library;

c. For the public library to receive, evaluate, and respond to a request from an

individual regarding the removal or relocation of one or more of the books or

other materials in the library collection containing explicit sexual material; and

d. To periodically review the library collection to ensure the library collection does

not contain explicit sexual material in the children's collection.

4. Each public library shall provide a compliance report to the legislative management

before May 1, 2024, on the implementation of collection development and relocation of

materials policies as required by this section and to ensure sufficient compliance with

this section.
N.D. Cent. Code § 12.1-32-03.1 — ND Code / Title 12.1 / Chapter 12.1-32 / Section 12.1-32-03.1
12.1-32-03.1. Procedure for trial of infraction - Incidents
Status: in_force

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.
N.D. Cent. Code § 12.1-05-10 — ND Code / Title 12.1 / Chapter 12.1-05 / Section 12.1-05-10
12.1-05-10. Duress
Status: in_force

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.
N.D. Cent. Code § 12.1-29-01 — ND Code / Title 12.1 / Chapter 12.1-29 / Section 12.1-29-01
12.1-29-01. Promoting prostitution
Status: in_force

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.
N.D. Cent. Code § 12.1-20-24 — ND Code / Title 12.1 / Chapter 12.1-20 / Section 12.1-20-24
12.1-20-24. Facilitation of sexual acts in public
Status: in_force

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 department of health and human services or the state's attorney having

jurisdiction may bring an action to enjoin a pattern of violations of this section.
N.D. Cent. Code § 12.1-06.2-02 — ND Code / Title 12.1 / Chapter 12.1-06.2 / Section 12.1-06.2-02
12.1-06.2-02. Criminal street gang crime - Penalty
Status: in_force

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.
N.D. Cent. Code § 12.1-04-06 — ND Code / Title 12.1 / Chapter 12.1-04 / Section 12.1-04-06
12.1-04-06. Temporary detention for purposes of examination
Status: in_force

12.1-04-06. Temporary detention for purposes of examination

Whenever there is reason to doubt the defendant's fitness to proceed, the court may order

temporary detention of the defendant for the purpose of an examination. The temporary

detention must be in the least restrictive appropriate setting, including the state hospital, the life

skills and transition center, 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

examination, subject to any reasonable limitation the court may impose. A state-operated

behavioral health clinic may be considered if the court is aware an inquiry was made before the

court ordered the evaluation to ensure appropriate resources exist at the state-operated

behavioral health clinic being ordered to conduct the examination. While the defendant is

detained, the defendant's legal counsel, family, and others necessary to assist in the

defendant's case must have reasonable opportunity to examine and confer with the defendant.
N.D. Cent. Code § 12.1-31-03.1 — ND Code / Title 12.1 / Chapter 12.1-31 / Section 12.1-31-03.1
12.1-31-03.1. Vending machines prohibited - Penalty
Status: in_force

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, tobacco in any other form in which it may be utilized for smoking or chewing,

electronic smoking devices, or alternative nicotine products 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 individuals under

twenty-one years of age are not permitted access; or

b. A vending machine that dispenses cigarettes, cigarette papers, cigars, snuff,

tobacco in any other form in which it may be utilized for smoking or chewing,

electronic smoking devices, or alternative nicotine products 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, tobacco in any other form in which it may be utilized for smoking or chewing,

electronic smoking devices, or alternative nicotine products through any vending

machine, if those products are placed together with any nontobacco product, other

than matches, in the vending machine.

4. As used in this section, "electronic smoking devices" and "alternative nicotine

products" have the same meaning as in section 12.1-31-03.
N.D. Cent. Code § 12.1-20-06.1 — ND Code / Title 12.1 / Chapter 12.1-20 / Section 12.1-20-06.1
12.1-20-06.1. Sexual exploitation by therapist - Definitions - Penalty
Status: in_force

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,

addiction counselor, member of the clergy, or other person, whether licensed or not by

the state, who performs or purports to perform psychotherapy.
N.D. Cent. Code § 12.1-23-03 — ND Code / Title 12.1 / Chapter 12.1-23 / Section 12.1-23-03
12.1-23-03. Theft of services
Status: in_force

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.
N.D. Cent. Code § 12.1-32-10 — ND Code / Title 12.1 / Chapter 12.1-32 / Section 12.1-32-10
12.1-32-10. Mandatory parole components
Status: repealed

12.1-32-10. Mandatory parole components

Repealed by S.L. 1989, ch. 51, § 5.
N.D. Cent. Code § 12.1-31-01.1 — ND Code / Title 12.1 / Chapter 12.1-31 / Section 12.1-31-01.1
12.1-31-01.1. Disorderly conduct at a funeral - Penalty
Status: in_force

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.
N.D. Cent. Code § 12.1-22-05 — ND Code / Title 12.1 / Chapter 12.1-22 / Section 12.1-22-05
12.1-22-05. Stowing away
Status: in_force

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.
N.D. Cent. Code § 12.1-16-03 — ND Code / Title 12.1 / Chapter 12.1-16 / Section 12.1-16-03
12.1-16-03. Negligent homicide
Status: in_force

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.
N.D. Cent. Code § 12.1-41-13 — ND Code / Title 12.1 / Chapter 12.1-41 / Section 12.1-41-13
12.1-41-13. Affirmative defense of victim
Status: in_force

12.1-41-13. Affirmative defense of victim

An individual charged with prostitution, felony forgery, felony theft, felony drug distribution,

or an offense listed in subsection 1 of section 12.1-41-12 which was committed as a direct result

of being a victim may assert an affirmative defense that the individual is a victim.
N.D. Cent. Code § 12.1-32-09.1 — ND Code / Title 12.1 / Chapter 12.1-32 / Section 12.1-32-09.1
12.1-32-09.1. Sentencing of violent offenders
Status: in_force

12.1-32-09.1. Sentencing of violent offenders

1. 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, subsection 2 of section 12.1-17-02, section

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.

2. 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.

3. 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.

4. An offender who is convicted of a class C felony in violation of section 12.1-17-02, or

an attempt to commit the offense, and who has received a sentence of imprisonment

or a sentence of imprisonment upon revocation of probation before August 1, 2015, is

eligible to have the offender's sentence considered by the parole board.

5. Notwithstanding subsection 4, this section does not apply to a sentence imposed upon

revocation of probation.
N.D. Cent. Code § 12.1-24-05 — ND Code / Title 12.1 / Chapter 12.1-24 / Section 12.1-24-05
12.1-24-05. Making or uttering slugs
Status: in_force

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.
N.D. Cent. Code § 12.1-17-03 — ND Code / Title 12.1 / Chapter 12.1-17 / Section 12.1-17-03
12.1-17-03. Reckless endangerment
Status: in_force

12.1-17-03. Reckless endangerment

An individual is guilty of an offense if the individual creates a substantial risk of serious

bodily injury or death to another. The offense is a class B felony if the individual uses a firearm.

The offense is a class C felony if the circumstances manifest the individual's 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.
N.D. Cent. Code § 12.1-18-04 — ND Code / Title 12.1 / Chapter 12.1-18 / Section 12.1-18-04
12.1-18-04. Definitions
Status: in_force

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.
N.D. Cent. Code § 12.1-15-05 — ND Code / Title 12.1 / Chapter 12.1-15 / Section 12.1-15-05
12.1-15-05. Interception of correspondence
Status: in_force

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.
N.D. Cent. Code § 12.1-32-07 — ND Code / Title 12.1 / Chapter 12.1-32 / Section 12.1-32-07
12.1-32-07. Supervision of probationer - Conditions of probation - Revocation
Status: in_force

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.
N.D. Cent. Code § 12.1-32-07.1 — ND Code / Title 12.1 / Chapter 12.1-32 / Section 12.1-32-07.1
12.1-32-07.1. Release, discharge, or termination of probation
Status: in_force

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. 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.
N.D. Cent. Code § 12.1-36.1-01 — ND Code / Title 12.1 / Chapter 12.1-36.1 / Section 12.1-36.1-01
12.1-36.1-01. Definitions
Status: in_force

12.1-36.1-01. Definitions

As used in this chapter:

1. "Health care provider" means a licensed physician, physician assistant, nurse, or a

certified medical assistant.

2. "Minor" means an individual under the age of eighteen. The term includes an

emancipated individual.

3. "Sex" means the biological state of being female or male, based on the individual's

nonambiguous sex organs, chromosomes, or endogenous hormone profiles at birth.
N.D. Cent. Code § 12.1-12-03 — ND Code / Title 12.1 / Chapter 12.1-12 / Section 12.1-12-03
12.1-12-03. Unlawful compensation for assistance in government matters
Status: in_force

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.
N.D. Cent. Code § 12.1-11-04 — ND Code / Title 12.1 / Chapter 12.1-11 / Section 12.1-11-04
12.1-11-04. General provisions
Status: in_force

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.
N.D. Cent. Code § 12.1-41-20 — ND Code / Title 12.1 / Chapter 12.1-41 / Section 12.1-41-20
12.1-41-20. Use of public funds for abortions prohibited
Status: in_force

12.1-41-20. Use of public funds for abortions prohibited

Except as provided by federal law, funds of this state or a political subdivision of this state

and federal funds passing through the state treasury or a state agency to provide treatment and

support services for victims of human trafficking may be used to refer for or counsel for family

planning services, but may not be used to perform, refer for, or encourage abortion.
N.D. Cent. Code § 12.1-05-09 — ND Code / Title 12.1 / Chapter 12.1-05 / Section 12.1-05-09
12.1-05-09. Mistake of law
Status: in_force

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.
N.D. Cent. Code § 12.1-17-01.2 — ND Code / Title 12.1 / Chapter 12.1-17 / Section 12.1-17-01.2
12.1-17-01.2. Domestic violence
Status: in_force

12.1-17-01.2. Domestic violence

1. For purposes of this section "family or household member" means family or household

member as defined in section 14-07.1-01.

2. A person is guilty of an offense if that person willfully causes:

a. Bodily injury to the actor's family or household member;

b. Substantial bodily injury to the actor's family or household member; or

c. Serious bodily injury to the actor's family or household member.

3. The offense is:

a. A class B misdemeanor for the first offense under subdivision a of subsection 2

and a class A misdemeanor for a second or subsequent offense under this

section or sections 12.1-17-01, 12.1-17-01.1, or 12.1-17-02 involving the

commission of domestic violence, as defined in 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 section.

b. A class A misdemeanor for an offense under subdivision b of subsection 2 and a

class C felony for an offense under subdivision c of subsection 2.

c. A class B felony for an offense under subdivision b or c of subsection 2 if the

victim is under twelve years of age.

4. A person charged with an offense under this section must be prosecuted in district

court.

5. This section applies to an individual under the age of eighteen if the:

a. Victim is or was in a dating relationship with the individual; or

b. Individual has a child in common with the victim.
N.D. Cent. Code § 12.1-23-15 — ND Code / Title 12.1 / Chapter 12.1-23 / Section 12.1-23-15
12.1-23-15. Purchase of beer kegs - Penalty
Status: in_force

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.
N.D. Cent. Code § 12.1-04-10 — ND Code / Title 12.1 / Chapter 12.1-04 / Section 12.1-04-10
12.1-04-10. Acquittal due to mental disease or defect - Petition to clerk of court
Status: repealed

12.1-04-10. Acquittal due to mental disease or defect - Petition to clerk of court

Repealed by S.L. 1985, ch. 173, § 29.
N.D. Cent. Code § 12.1-31-05 — ND Code / Title 12.1 / Chapter 12.1-31 / Section 12.1-31-05
12.1-31-05. Child procurement - Penalty
Status: in_force

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 14-20-02.
N.D. Cent. Code § 12.1-27.1-12 — ND Code / Title 12.1 / Chapter 12.1-27.1 / Section 12.1-27.1-12
12.1-27.1-12. State pre-emption of local laws regulating obscenity
Status: in_force

12.1-27.1-12. State pre-emption of local laws regulating obscenity

This chapter is applicable throughout the state, and a political subdivision may not enact

new, or enforce existing, ordinances or resolutions regulating or prohibiting the dissemination of

obscene materials, or controlling obscene or adult-oriented performances, except ordinances

authorized by section 5-02-09, section 58-03-11, chapter 11-33, or chapter 40-47.
N.D. Cent. Code § 12.1-04.1-24 — ND Code / Title 12.1 / Chapter 12.1-04.1 / Section 12.1-04.1-24
12.1-04.1-24. Modification of order of commitment - Conditional release or discharge - Release plan
Status: in_force

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.
N.D. Cent. Code § 12.1-31.2-02 — ND Code / Title 12.1 / Chapter 12.1-31.2 / Section 12.1-31.2-02
12.1-31.2-02. Order prohibiting contact
Status: in_force

12.1-31.2-02. Order prohibiting contact

1. a. If an individual is charged with, arrested for, or subject to a sentence or order

deferring imposition of sentence for a crime of violence or threat of violence,

stalking, harassment, or a sex offense, the court authorizing the release of the

individual, imposing a sentence, or issuing an order deferring imposition of

sentence, shall consider and may issue 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.

b. A party or victim may file a written request with the court to modify or terminate an

order issued under this section. If requested, the court may hold a hearing to

determine whether to grant or deny the request to modify or terminate an order.

c. If an order prohibiting contact is issued upon a charge or arrest, the order

terminates upon dismissal, acquittal, sentence, or order deferring imposition of

sentence. Upon sentence or order deferring imposition of sentence, the court

may issue a new order under this subsection.

2. If the court has probable cause to believe the individual subject to an order under

subsection 1 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

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. If an order prohibiting contact is issued, modified, 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 in the central warrant

information system and the national crime information center database provided by the

federal bureau of investigation, or its successor agency.

a. Once the bureau, after consultation with the state court administrator, determines

and implements a method to transmit electronically to the bureau an order

prohibiting contact, the court electronically shall send the full text of the order as

issued, modified, or terminated in accordance with this section and any data

fields identified by the bureau. This electronic submission will fulfill the law

enforcement agency's requirement to enter the order in the central warrant

information system, but will not fulfill its requirement to enter, maintain, and

respond to inquiries regarding the order in the national crime information center

database provided by the federal bureau of investigation, or its successor agency.

b. Once the bureau, after consultation with the state court administrator, determines

and implements an electronic method to notify law enforcement about the order,

the clerk of court's requirement to forward the order to the law enforcement

agency will be satisfied.

c. Once the bureau, after consultation with the director of the state emergency

communications center, determines and implements a method to enter the order

into the national crime information center database provided by the federal

bureau of investigation, or its successor agency, the bureau shall enter the order

electronically in the national crime information center database provided by the

federal bureau of investigation, or its successor agency. This electronic entry will

fulfill the law enforcement agency's requirement to enter the order in the national

crime information center database provided by the federal bureau of

investigation, or its successor agency, but will not fulfill its requirement to maintain

and respond to inquiries regarding the order in the national crime information

center database provided by the federal bureau of investigation, or its successor

agency.

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.
N.D. Cent. Code § 12.1-27.1-03.4 — ND Code / Title 12.1 / Chapter 12.1-27.1 / Section 12.1-27.1-03.4
12.1-27.1-03.4. Restrictions on adult-oriented performances - Penalty
Status: in_force

12.1-27.1-03.4. Restrictions on adult-oriented performances - Penalty

1. As used in this section:

a. "Adult-oriented performance" means a performance that, regardless of whether or

not performed for consideration, is intended to appeal to a prurient interest and

features:

(1) The purposeful exposure, whether complete or partial, of:

(a) A human genital, the pubic region, the human buttocks, or a female

breast, if the breast is exposed below a point immediately above the

top of the areola; or

(b) Prosthetic genitalia, breasts, or buttocks; or

(2) Sexual conduct.

b. "Public property" means real property in which a state agency or a political

subdivision has an ownership interest.

2. A person is guilty of a class A misdemeanor for a first offense and a class C felony for

a second or subsequent offense if the person organizes an adult-oriented

performance:

a. On public property; or

b. At a business establishment frequented by minors, or where minors are or may

be invited as a part of the general public.
N.D. Cent. Code § 12.1-33-02.2 — ND Code / Title 12.1 / Chapter 12.1-33 / Section 12.1-33-02.2
12.1-33-02.2. Public employment - Consideration of criminal record
Status: in_force

12.1-33-02.2. Public employment - Consideration of criminal record

1. A public employer may not inquire into or consider the criminal record or criminal

history of an applicant for public employment until the applicant has been selected for

an interview by the employer.

2. This section does not apply to the department of corrections and rehabilitation or to a

public employer that has a statutory duty to conduct a criminal history background

check or otherwise take into consideration a potential employee's criminal history

during the hiring process.

3. This section does not prohibit a public employer from notifying an applicant that law or

the employer's policy will disqualify an individual with a particular criminal history

background from employment in particular positions.

4. As used in this section, the term "public employer" means the state or a county or city

government, or an instrumentality or agency of the state or of a county or city

government. The term includes a park district but does not include a school district.
N.D. Cent. Code § 12.1-13-03 — ND Code / Title 12.1 / Chapter 12.1-13 / Section 12.1-13-03
12.1-13-03. Public servant's interest in public contracts
Status: in_force

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.
N.D. Cent. Code § 12.1-06.1-06 — ND Code / Title 12.1 / Chapter 12.1-06.1 / Section 12.1-06.1-06
12.1-06.1-06. Racketeering lien - Content - Filing - Notice - Effect
Status: in_force

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.
N.D. Cent. Code § 12.1-21-03 — ND Code / Title 12.1 / Chapter 12.1-21 / Section 12.1-21-03
12.1-21-03. Failure to control or report a dangerous fire
Status: in_force

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.
N.D. Cent. Code § 12.1-08-10 — ND Code / Title 12.1 / Chapter 12.1-08 / Section 12.1-08-10
12.1-08-10. Harboring a runaway minor - Penalty
Status: in_force

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.
N.D. Cent. Code § 12.1-04.1-01 — ND Code / Title 12.1 / Chapter 12.1-04.1 / Section 12.1-04.1-01
12.1-04.1-01. Standard for lack of criminal responsibility
Status: in_force

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.

3. An individual ten years of age or older may be assessed for criminal responsibility

under this chapter.
N.D. Cent. Code § 12.1-04.1-25 — ND Code / Title 12.1 / Chapter 12.1-04.1 / Section 12.1-04.1-25
12.1-04.1-25. Conditional release - Modification - Revocation - Discharge
Status: in_force

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.

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 may modify the conditions of release as

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 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.
N.D. Cent. Code § 12.1-28-01 — ND Code / Title 12.1 / Chapter 12.1-28 / Section 12.1-28-01
12.1-28-01. Gambling - Definitions
Status: in_force

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.
N.D. Cent. Code § 12.1-22-01 — ND Code / Title 12.1 / Chapter 12.1-22 / Section 12.1-22-01
12.1-22-01. Robbery
Status: in_force

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 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.
N.D. Cent. Code § 12.1-20-11 — ND Code / Title 12.1 / Chapter 12.1-20 / Section 12.1-20-11
12.1-20-11. Incest
Status: in_force

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.
N.D. Cent. Code § 12.1-16-06 — ND Code / Title 12.1 / Chapter 12.1-16 / Section 12.1-16-06
12.1-16-06. Construction
Status: in_force

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.
N.D. Cent. Code § 12.1-06-01 — ND Code / Title 12.1 / Chapter 12.1-06 / Section 12.1-06-01
12.1-06-01. Criminal attempt
Status: in_force

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.
N.D. Cent. Code § 12.1-09-06 — ND Code / Title 12.1 / Chapter 12.1-09 / Section 12.1-09-06
12.1-09-06. Nondisclosure of retainer in criminal matter
Status: in_force

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.
N.D. Cent. Code § 12.1-21.1-04 — ND Code / Title 12.1 / Chapter 12.1-21.1 / Section 12.1-21.1-04
12.1-21.1-04. Penalty
Status: in_force

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.
N.D. Cent. Code § 12.1-17.1-04 — ND Code / Title 12.1 / Chapter 12.1-17.1 / Section 12.1-17.1-04
12.1-17.1-04. Negligent homicide of an unborn child
Status: in_force

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.
N.D. Cent. Code § 12.1-27.2-04.1 — ND Code / Title 12.1 / Chapter 12.1-27.2 / Section 12.1-27.2-04.1
12.1-27.2-04.1. Possession of certain materials prohibited
Status: in_force

12.1-27.2-04.1. Possession of certain materials prohibited

1. A person is guilty of a class C felony if, knowing of its character and content, that

person knowingly possesses any motion picture, computer-generated image,

photograph, or other visual representation that includes sexual conduct by a minor.

2. An individual violating this section is guilty of a class B felony if:

a. The offense involved twenty or more images;

b. The offense involved sadistic or masochistic conduct or other depictions of

violence;

c. The offense involved sexual bestiality;

d. The offense involves a prepubescent minor or a minor under twelve years of age;

or

e. The individual has previously been convicted of an offense subject to registration

under section 12.1-32-15.

3. This section does not impose liability on the provider of an interactive computer

service, as defined in 47 U.S.C. 230, or an internet service provider, cloud computer

provider, cybersecurity provider, communication service provider, or information

service or telecommunication service network, as defined in 47 U.S.C. 153, for any

content provided by another person.
N.D. Cent. Code § 12.1-18-05 — ND Code / Title 12.1 / Chapter 12.1-18 / Section 12.1-18-05
12.1-18-05. Removal of child from state in violation of custody decree - Penalty
Status: in_force

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.
N.D. Cent. Code § 12.1-35-05 — ND Code / Title 12.1 / Chapter 12.1-35 / Section 12.1-35-05
12.1-35-05. Prompt disposition
Status: in_force

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.
N.D. Cent. Code § 12.1-09-02 — ND Code / Title 12.1 / Chapter 12.1-09 / Section 12.1-09-02
12.1-09-02. Tampering with informants in criminal investigations
Status: in_force

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.
N.D. Cent. Code § 12.1-01-03 — ND Code / Title 12.1 / Chapter 12.1-01 / Section 12.1-01-03
12.1-01-03. Proof and presumptions
Status: in_force

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.
N.D. Cent. Code § 12.1-04.1-13 — ND Code / Title 12.1 / Chapter 12.1-04.1 / Section 12.1-04.1-13
12.1-04.1-13. Notice of expert witnesses
Status: in_force

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 tier 1a 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.
N.D. Cent. Code § 12.1-17-04.1 — ND Code / Title 12.1 / Chapter 12.1-17 / Section 12.1-17-04.1
12.1-17-04.1. Domestic terrorism - Definitions - Penalty
Status: in_force

12.1-17-04.1. Domestic terrorism - Definitions - Penalty

1. As used in this section:

a. "Domestic terrorism" means an activity conducted within the geographical

boundaries of the state which:

(1) Is done in cooperation with any federally designated terrorist organization

that threatens or appears to threaten the sovereignty of the state or the

United States of America;

(2) Is a violation of criminal law; and

(3) Either:

(a) Involves violent acts or threats specifically intended to physically harm

human life and:

[1] Intimidate, coerce, influence, or disrupt other lawful activity within

the state; or

[2] Influence the policy of the state or any political subdivision of the

state; or

(b) Involves the use of weapons of mass destruction.

b. "Material support or resources" means currency or other financial securities,

financial services, lodging, safe houses, training, false documentation or

identification, communications equipment, facilities, weapons, lethal substances,

explosives, personnel, transportation, and other physical assets. The term does

not include medical or religious material.

2. A person is guilty of a class C felony if the person willfully:

a. Assembles with one or more persons for the purpose of training or instructing in

the use of, or practicing with, any technique or means capable of causing

property damage, or bodily injury or death, with the intent to employ such training,

instruction, or practice in the commission of domestic terrorism;

b. Commits an act of domestic terrorism;

c. Conspires with one or more persons to commit an act of domestic terrorism; or

d. Provides material support or resources, or conceals or disguises the nature,

location, source, or ownership of material support or resources, with the

knowledge and intention that the support or resources are to be used in domestic

terrorism.
N.D. Cent. Code § 12.1-27.2-04.2 — ND Code / Title 12.1 / Chapter 12.1-27.2 / Section 12.1-27.2-04.2
12.1-27.2-04.2. Sexual performance by a minor - Enhanced penalties
Status: in_force

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.
N.D. Cent. Code § 12.1-16-07 — ND Code / Title 12.1 / Chapter 12.1-16 / Section 12.1-16-07
12.1-16-07. Civil damages
Status: in_force

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.
N.D. Cent. Code § 12.1-34-03 — ND Code / Title 12.1 / Chapter 12.1-34 / Section 12.1-34-03
12.1-34-03. Responsibilities of victims and witnesses
Status: in_force

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.
N.D. Cent. Code § 12.1-04-01 — ND Code / Title 12.1 / Chapter 12.1-04 / Section 12.1-04-01
12.1-04-01. Juveniles
Status: in_force

12.1-04-01. Juveniles

The prosecution of an individual as an adult is barred if the offense was committed while the

individual was less than fourteen years of age.
N.D. Cent. Code § 12.1-20-20 — ND Code / Title 12.1 / Chapter 12.1-20 / Section 12.1-20-20
12.1-20-20. Duty to register
Status: repealed

12.1-20-20. Duty to register

Repealed by S.L. 1993, ch. 129, § 5.
N.D. Cent. Code § 12.1-09-04 — ND Code / Title 12.1 / Chapter 12.1-09 / Section 12.1-09-04
12.1-09-04. Harassment of and communication with jurors
Status: in_force

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.
N.D. Cent. Code § 12.1-12-07 — ND Code / Title 12.1 / Chapter 12.1-12 / Section 12.1-12-07
12.1-12-07. Sports bribery
Status: in_force

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.
N.D. Cent. Code § 12.1-29-04 — ND Code / Title 12.1 / Chapter 12.1-29 / Section 12.1-29-04
12.1-29-04. Testimony of spouse in prostitution offenses
Status: in_force

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.
N.D. Cent. Code § 12.1-31-07.1 — ND Code / Title 12.1 / Chapter 12.1-31 / Section 12.1-31-07.1
12.1-31-07.1. Exploitation of an eligible adult - Penalty
Status: in_force

12.1-31-07.1. Exploitation of an eligible adult - Penalty

1. A person is guilty of exploitation of an eligible adult if:

a. The person stands in a position of trust and confidence or has a business

relationship with the eligible adult and knowingly, by deception, intimidation, or

undue influence, obtains or uses, or attempts to obtain or use, the eligible adult's

funds, assets, or property with the intent to temporarily or permanently deprive

the eligible adult of the use, benefit, or possession of the property, for the benefit

of someone other than the eligible adult; or

b. The person knows the eligible 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 eligible adult's funds, assets, or property with the

intent to temporarily or permanently deprive the eligible adult of the use, benefit,

or possession of the property for the benefit of someone other than the eligible

adult.

2. Exploitation of an eligible adult is:

a. A class A felony if the value of the exploited funds, assets, or property exceeds

fifty thousand dollars.

b. A class B felony if the value of the exploited funds, assets, or property exceeds

ten thousand dollars but does not exceed fifty 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 ten thousand dollars.

d. A class A misdemeanor if the value of the exploited funds, assets, or property

does not exceed one 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 eligible 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 eligible adult's funds,

assets, or property.
N.D. Cent. Code § 12.1-10-04 — ND Code / Title 12.1 / Chapter 12.1-10 / Section 12.1-10-04
12.1-10-04. Hindering proceedings by disorderly conduct
Status: in_force

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.
N.D. Cent. Code § 12.1-41-08 — ND Code / Title 12.1 / Chapter 12.1-41 / Section 12.1-41-08
12.1-41-08. Aggravating circumstance
Status: in_force

12.1-41-08. Aggravating circumstance

1. An aggravating circumstance during the commission of an offense under section

12.1-41-02, 12.1-41-03, or 12.1-41-04 occurs when the defendant recruited, enticed,

or obtained the victim of the offense from a shelter that serves individuals subjected to

human trafficking, domestic violence, or sexual assault, runaway youth, foster children,

or the homeless.

2. If the trier of fact finds that an aggravating circumstance occurred during the

commission of an offense under section 12.1-41-02, 12.1-41-03, or 12.1-41-04, the

defendant may be imprisoned for up to five years in addition to the period of

imprisonment prescribed for the offense.