N.D. Cent. Code § 12.1-31-01 — ND Code / Title 12.1 / Chapter 12.1-31 / Section 12.1-31-01
12.1-31-01. Disorderly conduct
Status: in_force

12.1-31-01. Disorderly conduct

1. An individual is guilty of a class B misdemeanor if, with intent to harass, annoy, or

alarm another person or in reckless disregard of the fact that another person is

harassed, annoyed, or alarmed by the individual's behavior, the individual:

a. Engages in fighting, or in violent, tumultuous, or threatening behavior;

b. Makes unreasonable noise;

c. In a public place, uses abusive or obscene language, knowingly exposes that

individual's penis, vulva, or anus, or makes an obscene gesture;

d. Obstructs vehicular or pedestrian traffic or the use of a public facility;

e. Persistently follows a person in or about a public place or places;

f. While loitering in a public place for the purpose of soliciting sexual contact, the

individual solicits the contact;

g. Creates a hazardous, physically offensive, or seriously alarming condition by any

act that serves no legitimate purpose;

h. Engages in harassing conduct by means of intrusive or unwanted acts, words, or

gestures that are intended to adversely affect the safety, security, or privacy of

another person; or

i. Uses a fixed optical device that enhances or records a visual occurrence to view

through any window of another person's property; or uses a surveillance camera

to capture an image from the dwelling or accessory structure of another person;

however, an individual using a surveillance camera has seven days from notice

by a law enforcement officer to direct or shield the camera so as to not capture an

image from another person's dwelling or accessory structure before there is an

offense.

2. This section does not apply to constitutionally protected activity. If an individual claims

to have been engaged in a constitutionally protected activity, the court shall determine

the validity of the claim as a matter of law and, if found valid, shall exclude evidence of

the activity.
N.D. Cent. Code § 12.1-31-09 — ND Code / Title 12.1 / Chapter 12.1-31 / Section 12.1-31-09
12.1-31-09. Fraudulent use of receipts and universal product code labels prohibited - Penalty
Status: in_force

12.1-31-09. Fraudulent use of receipts and universal product code labels prohibited -

Penalty.

Except as otherwise provided in this section, any person who, with the intent to defraud a

retailer, possesses, uses, utters, transfers, alters, counterfeits, or reproduces a retail sales

receipt or a universal product code label is guilty of a class A misdemeanor. Any person who,

with the intent to defraud a retailer, possesses fifteen or more fraudulent retail sales receipts or

universal product code labels or who possesses a device the purpose of which is to

manufacture fraudulent retail sales receipts or universal product code labels is guilty of a

class C felony. For purposes of this section, "universal product code" means the twelve-digit

identification number and bar code system developed by the uniform code council which is used

to uniquely identify products.
N.D. Cent. Code § 12.1-04.1-08 — ND Code / Title 12.1 / Chapter 12.1-04.1 / Section 12.1-04.1-08
12.1-04.1-08. Recording of examination
Status: in_force

12.1-04.1-08. Recording of examination

1. An examination of the defendant conducted under section 12.1-04.1-05 must be

audio-recorded and, if ordered by the court, video-recorded. The manner of recording

may be specified by rule or by court order in individual cases.

2. Within seven days after completion of an examination conducted under section

12.1-04.1-05, the tier 1a mental health professional conducting the examination shall

deliver a copy of the recording of the examination, under seal, to the court and a copy

of the recording to the defendant. The recording may not be disclosed except in

accordance with this chapter.
N.D. Cent. Code § 12.1-27.2-02 — ND Code / Title 12.1 / Chapter 12.1-27.2 / Section 12.1-27.2-02
12.1-27.2-02. Use of a minor in a sexual performance
Status: in_force

12.1-27.2-02. Use of a minor in a sexual performance

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

performance, that person employs, authorizes, or induces a minor to engage in sexual

conduct during a performance or, if being a parent, legal guardian, or custodian of a

minor, that person consents to the participation by the minor in sexual conduct during

a performance.

2. An adult is guilty of a class A felony if, with the intent to persuade, induce, entice, or

coerce a minor to engage in a sexual performance, the adult portrays the adult to be a

minor.
N.D. Cent. Code § 12.1-24-02 — ND Code / Title 12.1 / Chapter 12.1-24 / Section 12.1-24-02
12.1-24-02. Facilitation of counterfeiting
Status: in_force

12.1-24-02. Facilitation of counterfeiting

1. A person is guilty of an offense if, except as authorized by statute or by regulation, he

knowingly makes, executes, sells, buys, imports, possesses, or otherwise has within

his control any plate, stone, paper, tool, die, mold, or other implement or thing uniquely

associated with or fitted for the preparation of any forged or counterfeited security or

tax stamp or any writing which purports to be made by this government or any foreign

government.

2. A person is guilty of an offense if, except as authorized by statute or by regulation, he:

a. Knowingly photographs or otherwise makes a copy of:

(1) Money or other obligation or security of this government or of any foreign

government, or any part thereof;

(2) Any plate, stone, tool, die, mold, or other implement or thing uniquely

associated with or fitted for the preparation of any writing described in

subsection 1; or

b. Knowingly sells, buys, imports, possesses, or otherwise has within his control any

photograph or copy the making of which is prohibited by subdivision a.

3. In a prosecution under this section, authorization by statute or by regulation is a

defense.

4. An offense defined in this section is a class B felony if the implement or the impression

relates to the forging or counterfeiting of an obligation or security of the government.

Otherwise it is a class C felony.
N.D. Cent. Code § 12.1-31-12 — ND Code / Title 12.1 / Chapter 12.1-31 / Section 12.1-31-12
12.1-31-12. Abortion - Affirmative defenses
Status: repealed

12.1-31-12. Abortion - Affirmative defenses

Repealed by S.L. 2023, ch. 122, § 11.
N.D. Cent. Code § 12.1-20-05 — ND Code / Title 12.1 / Chapter 12.1-20 / Section 12.1-20-05
12.1-20-05. Corruption or solicitation of minors
Status: in_force

12.1-20-05. Corruption or solicitation of minors

1. An adult who engages in, solicits with the intent to engage in, or causes another to

engage in a sexual act with a minor, is guilty of a class A misdemeanor if the victim is a

minor fifteen years of age or older.

2. An adult who solicits with the intent to engage in a sexual act with a minor under age

fifteen or engages in or causes another to engage in a sexual act when the adult is at

least twenty-two years of age and the victim is a minor fifteen years of age or older, is

guilty of a class C felony.

3. An adult who commits a violation of subsection 1 within fifty feet [15.24 meters] of or

on the real property comprising a public or nonpublic elementary, middle, or high

school is guilty of a class C felony. An adult who commits a violation of subsection 2

within fifty feet [15.24 meters] of or on the real property comprising a public or

nonpublic elementary, middle, or high school is guilty of a class B felony.
N.D. Cent. Code § 12.1-29-03 — ND Code / Title 12.1 / Chapter 12.1-29 / Section 12.1-29-03
12.1-29-03. Prostitution
Status: in_force

12.1-29-03. Prostitution

An adult is guilty of prostitution, a class B misdemeanor, if the adult:

1. Is an inmate of a house of prostitution or is otherwise engaged in sexual activity as a

business;

2. Solicits another person with the intention of being hired to engage in sexual activity; or

3. Agrees to engage in sexual activity with another for money or other items of pecuniary

value.
N.D. Cent. Code § 12.1-23.1-02 — ND Code / Title 12.1 / Chapter 12.1-23.1 / Section 12.1-23.1-02
12.1-23.1-02. Civil penalties for theft of cable television services
Status: in_force

12.1-23.1-02. Civil penalties for theft of cable television services

1. Any person who violates subsection 1, 2, or 3 of section 12.1-23.1-01 is liable to the

franchised or otherwise duly licensed cable television system for the greater of one

thousand dollars or three times the amount of actual damages, if any, sustained by the

system, plus reasonable attorney fees.

2. Any person who violates subsection 4 of section 12.1-23.1-01 is liable to the

franchised or otherwise duly licensed cable television system for the greater of ten

thousand dollars or three times the amount of actual damages, if any, sustained by the

plaintiff, plus reasonable attorney fees. A second or subsequent conviction is

punishable by the greater of twenty thousand dollars or three times the amount of

actual damages, if any, plus reasonable attorney fees.
N.D. Cent. Code § 12.1-15-04 — ND Code / Title 12.1 / Chapter 12.1-15 / Section 12.1-15-04
12.1-15-04. Definitions
Status: in_force

12.1-15-04. Definitions

In sections 12.1-15-02 through 12.1-15-04:

1. "Communications common carrier" shall have the meaning prescribed for the term

"common carrier" by section 8-07-01.

2. "Contents", when used with respect to any wire or oral communication, includes any

information concerning the identity of the parties to such communication or the

existence, substance, purport, or meaning of that communication.

3. "Electronic, mechanical, or other device" means any device or apparatus which can be

used to intercept a wire or oral communication other than:

a. Any telephone or telegraph instrument, equipment, or facility, or any component

thereof, (1) furnished to the subscriber or user by a communications common

carrier in the ordinary course of its business and being used by the subscriber or

user in the ordinary course of its business; or (2) being used by a

communications common carrier in the ordinary course of its business, or by an

investigative or law enforcement officer in the ordinary course of his duties.

b. A hearing aid or similar device being used to correct subnormal hearing to not

better than normal.

4. "Intercept" means the aural acquisition of the contents of any wire or oral

communication through the use of an electronic, mechanical, or other device, or by

secretly overhearing the communication.

5. "Oral communication" means any oral communication uttered by a person exhibiting

an expectation that such communication is not subject to interception under

circumstances justifying such expectation.

6. "Wire communication" means any communication made in whole or in part through the

use of facilities for the transmission of communications by the aid of wire, cable, or

other like connection between the point of origin and the point of reception furnished or

operated by any person engaged as a common carrier in providing or operating such

facilities for the transmission of communications.
N.D. Cent. Code § 12.1-21-09 — ND Code / Title 12.1 / Chapter 12.1-21 / Section 12.1-21-09
12.1-21-09. Tampering with, disabling, or falsely sounding a fire alarm - Tampering with or disabling fire suppression equipment
Status: in_force

12.1-21-09. Tampering with, disabling, or falsely sounding a fire alarm - Tampering

with or disabling fire suppression equipment.

1. A person may not tamper with, disable, or falsely sound an alarm signifying a fire in a

hotel, motel, roominghouse, lodginghouse, or other place of public abode or in any

other public place so as to endanger person or property. A person does not violate this

subsection if that person sounds an alarm and has a reasonable belief there is a fire

endangering person or property.

2. A person may not tamper with or disable fire suppression equipment in a hotel, motel,

roominghouse, lodginghouse, or other place of abode or in any other public place so

as to endanger person or property.

3. A violation of this section is a class B misdemeanor.
N.D. Cent. Code § 12.1-04-07 — ND Code / Title 12.1 / Chapter 12.1-04 / Section 12.1-04-07
12.1-04-07. Examination - Report - Hearing when contested
Status: in_force

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

1. Whenever there is reason to doubt the defendant's fitness to proceed, the court shall

order the defendant be examined by a tier 1a mental health professional.

2. An examination must occur within fifteen days from receipt of material necessary to

examine the fitness of the individual and notice of entry of the order served upon the

tier 1a mental health professional. Attorneys shall disclose any materials necessary to

examine the fitness of the individual to the tier 1a examiner contemporaneously with

the order. For good cause shown, the court may grant an extension allowing an

additional seven days to complete the examination.

3. The report of the examining mental health professional, whether for a retrospective

evaluation of fitness or an evaluation of the defendant's current fitness, must be

provided to the court in writing within thirty days of the date of the examination.

4. The report must include:

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

considered.

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

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

individual present during the examination.

d. The relevant information obtained, other information not obtained, and the

defendant's responses to questions related to the defendant's fitness to proceed,

except for any restricted, proprietary, copyrighted, or other information subject to

trade secret protection which the examiner believes may be relevant, and the

findings made.

e. An opinion as to whether the defendant is fit to proceed, is able to understand the

nature or purpose of the proceedings against the defendant, is able to effectively

communicate with counsel, and whether the defendant will attain fitness to

proceed within the time frames set forth in section 12.1-04-08. If the examiner is

unable to determine whether the defendant will attain fitness within a specified

period of time, the report must include the reasoning. The report may include a

general description of the type of treatment needed and of the therapeutically

appropriate treatment or other appropriate treatment.

5. If the findings of the report are contested, the court shall hold a hearing before

deciding whether the defendant currently lacks fitness to proceed and whether the

defendant will attain fitness to proceed. Upon hearing, the prosecution and defense

have the right to summon and cross-examine the persons responsible for the report

and to offer evidence upon the issues.
N.D. Cent. Code § 12.1-38-02 — ND Code / Title 12.1 / Chapter 12.1-38 / Section 12.1-38-02
12.1-38-02. Perpetrator's assumption of the risk
Status: in_force

12.1-38-02. Perpetrator's assumption of the risk

A perpetrator assumes the risk of loss, injury, or death resulting from or arising out of a

course of criminal conduct involving a crime, as defined in this chapter, engaged in by the

perpetrator or an accomplice, as defined in section 12.1-03-01, and the crime victim is immune

from and not liable for any damages as a result of acts or omissions of the victim if the victim

used reasonable force as authorized in section 12.1-05-03 or 12.1-05-04. However, the

perpetrator's assumption of risk does not eliminate the crime victim's duty to protect against

conditions upon the premises which the crime victim knows or has reason to know may create

an unreasonable risk of harm or which may cause a foreseeable trespass by minors, nor does

the assumption of risk apply to perpetrators who are mentally incompetent or deficient.
N.D. Cent. Code § 12.1-08-04 — ND Code / Title 12.1 / Chapter 12.1-08 / Section 12.1-08-04
12.1-08-04. Aiding consummation of crime
Status: in_force

12.1-08-04. Aiding consummation of crime

1. A person is guilty of aiding consummation of crime if he intentionally aids another to

secrete, disguise, or convert the proceeds of a crime or otherwise profit from a crime.

2. Aiding consummation of a crime:

a. Is a class C felony if the actor knows of the conduct of the other and such

conduct constitutes a class A or class B felony.

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

conduct constitutes a class C felony or class A misdemeanor.

Otherwise aiding consummation of a crime is a class B misdemeanor.
N.D. Cent. Code § 12.1-32-02.2 — ND Code / Title 12.1 / Chapter 12.1-32 / Section 12.1-32-02.2
12.1-32-02.2. Repayment of rewards paid by crimestoppers programs - Duties of attorney general - Qualified local programs - Disbursement of moneys collected
Status: in_force

12.1-32-02.2. Repayment of rewards paid by crimestoppers programs - Duties of

attorney general - Qualified local programs - Disbursement of moneys collected.

1. After a defendant has been convicted of a felony, the court may order the defendant to

repay all or part of any reward paid by a qualified local program. In determining

whether the defendant must repay the reward or part of the reward, the court shall

consider:

a. The ability of the defendant to make the payments, including any financial

hardship that payment may cause to the defendant's dependents.

b. Whether the information that was reported to the qualified local program

substantially contributed to the defendant being charged with the offense. To the

extent allowed by law, the court shall respect the confidentiality of the records of

the qualified local program.

2. "A qualified local program" means a program approved by the attorney general to

receive repayment of rewards. The attorney general shall consider the organization,

continuity, leadership, community support, and general conduct of the program to

determine whether the repayments will be spent to further crime prevention purposes

of the program. The attorney general also shall determine that the qualified local

program provides rewards to persons who report information concerning criminal

activity and whether that information substantially leads to defendants being charged

with felonies.

3. If the court determines that a defendant is capable of repaying all or any part of a

reward paid by a qualified local program, the judgment must include a statement of the

amount owed, the identity of the qualified local program, and a schedule, if any, of

payments to be made by the defendant. The clerk of court may establish an account

within which to deposit repayments of rewards and at least quarterly shall pay over to

each qualified local program the sums that have been collected for the benefit of that

program.

4. A judgment that includes a repayment of reward, either alone or in conjunction with

section 29-26-22, may be docketed and thereafter constitutes a lien upon the real

estate of the defendant in the same manner as a judgment for money rendered in a

civil action.
N.D. Cent. Code § 12.1-17.1-07 — ND Code / Title 12.1 / Chapter 12.1-17.1 / Section 12.1-17.1-07
12.1-17.1-07. Exception
Status: in_force

12.1-17.1-07. Exception

This chapter does not apply to acts or omissions that cause the death or injury of an unborn

child if those acts or omissions are committed during an abortion performed by or under the

supervision of a licensed physician to which the pregnant woman has consented, nor does it

apply to acts or omissions that are committed pursuant to usual and customary standards of

medical practice during diagnostic or therapeutic treatment performed by or under the

supervision of a licensed physician.
N.D. Cent. Code § 12.1-04-03 — ND Code / Title 12.1 / Chapter 12.1-04 / Section 12.1-04-03
12.1-04-03. Lack of criminal responsibility a defense
Status: repealed

12.1-04-03. Lack of criminal responsibility a defense

Repealed by S.L. 1985, ch. 173, § 29.
N.D. Cent. Code § 12.1-04.1-21 — ND Code / Title 12.1 / Chapter 12.1-04.1 / Section 12.1-04.1-21
12.1-04.1-21. Proceeding following verdict or finding
Status: in_force

12.1-04.1-21. Proceeding following verdict or finding

After entry of a verdict, finding, or an unresisted plea, that an individual committed the crime

charged, but is not guilty by reason of lack of criminal responsibility, the court shall:

1. Make a finding, based upon the verdict or finding provided in section 12.1-04.1-18, of

the expiration date of the court's jurisdiction; and

2. Order the individual committed to a treatment facility, as defined under chapter

25-03.1, for examination. The superintendent or the director of a treatment facility may

petition the court to transfer or assign the individual committed if, in the

superintendent's or director's opinion, it would be more appropriate for the individual

committed to receive the examination in or by a least restrictive setting if the attending

physician or director of the least restrictive setting consents. The order of the court

may set terms of custody during the period of examination.
N.D. Cent. Code § 12.1-08-07 — ND Code / Title 12.1 / Chapter 12.1-08 / Section 12.1-08-07
12.1-08-07. Public servants permitting escape
Status: in_force

12.1-08-07. Public servants permitting escape

A public servant concerned in official detention pursuant to process issued by a court, judge,

or magistrate is guilty of a class A misdemeanor if he recklessly permits an escape and is guilty

of a class B misdemeanor if he negligently permits an escape. "Official detention" has the

meaning prescribed in subsection 3 of section 12.1-08-06.
N.D. Cent. Code § 12.1-30-02 — ND Code / Title 12.1 / Chapter 12.1-30 / Section 12.1-30-02
12.1-30-02. Items prohibited from sale or rental on Sunday
Status: repealed

12.1-30-02. Items prohibited from sale or rental on Sunday

Repealed by S.L. 2019, ch. 112, § 2.
N.D. Cent. Code § 12.1-13-01 — ND Code / Title 12.1 / Chapter 12.1-13 / Section 12.1-13-01
12.1-13-01. Disclosure of confidential information provided to government
Status: in_force

12.1-13-01. Disclosure of confidential information provided to government

A person is guilty of a class C felony if, in knowing violation of a statutory duty imposed on

him as a public servant, he discloses any confidential information which he has acquired as a

public servant. "Confidential information" means information made available to the government

under a governmental assurance of confidence as provided by statute.
N.D. Cent. Code § 12.1-23-02 — ND Code / Title 12.1 / Chapter 12.1-23 / Section 12.1-23-02
12.1-23-02. Theft of property
Status: in_force

12.1-23-02. Theft of property

A person is guilty of theft if he:

1. Knowingly takes or exercises unauthorized control over, or makes an unauthorized

transfer of an interest in, the property of another with intent to deprive the owner

thereof;

2. Knowingly obtains the property of another by deception or by threat with intent to

deprive the owner thereof, or intentionally deprives another of his property by

deception or by threat; or

3. Knowingly receives, retains, or disposes of property of another which has been stolen,

with intent to deprive the owner thereof.
N.D. Cent. Code § 12.1-18-02 — ND Code / Title 12.1 / Chapter 12.1-18 / Section 12.1-18-02
12.1-18-02. Felonious restraint
Status: in_force

12.1-18-02. Felonious restraint

A person is guilty of a class C felony, if he:

1. Knowingly abducts another;

2. Knowingly restrains another under terrorizing circumstances or under circumstances

exposing him to risk of serious bodily injury; or

3. Restrains another with intent to hold him in a condition of involuntary servitude.
N.D. Cent. Code § 12.1-27.1-03.3 — ND Code / Title 12.1 / Chapter 12.1-27.1 / Section 12.1-27.1-03.3
12.1-27.1-03.3. Creation, possession, or dissemination of sexually expressive images prohibited - Exception - Civil action
Status: in_force

12.1-27.1-03.3. Creation, possession, or dissemination of sexually expressive images

prohibited - Exception - Civil action.

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

that person:

a. Without written consent from each individual who has a reasonable expectation of

privacy in the image, surreptitiously creates or willfully possesses a sexually

expressive image that was surreptitiously created; or

b. Distributes or publishes, electronically or otherwise, a sexually expressive image

with the intent to cause emotional harm or humiliation to any individual depicted

in the sexually expressive image who has a reasonable expectation of privacy in

the image, or after being given notice by an individual or parent or guardian of the

individual who is depicted in a sexually expressive image that the individual,

parent, or guardian does not consent to the distribution or publication of the

sexually expressive image.

2. A person is guilty of a class B misdemeanor if, knowing of its character and content,

that person acquires and knowingly distributes any sexually expressive image that was

created without the consent of the subject of the image.

3. This section does not authorize any act prohibited by any other law. If the sexually

expressive image is of a minor and possession does not violate section

12.1-27.2-04.1, a parent or guardian of the minor may give permission for a person to

possess or distribute the sexually expressive image.

4. This section does not apply to any book, photograph, video recording, motion picture

film, or other visual representation sold in the normal course of business through

wholesale or retail outlets that possess a valid sales tax permit or used by an attorney,

attorney's agent, or any other person obtaining evidence for a criminal investigation or

pending civil action, or by a medical professional or a peace officer acting within that

individual's scope of employment.

5. Nothing in this section may be construed to impose liability on a provider of an

interactive computer service, as defined under 47 U.S.C. 230, or an information

service or telecommunication service, as defined under 47 U.S.C. 153, for content

provided by another person.

6. A depicted individual who is identifiable and who suffers harm from a person's violation

of this section has a cause of action against the person if the person produced,

possessed, distributed, promoted, advertised, sold, exhibited, broadcasted, or

transmitted the sexually expressive image for the purpose of sexual arousal, sexual

gratification, humiliation, degradation, or monetary or commercial gain.

a. The court may order the filing party to redact from all pleadings and documents

filed in the action other identifying characteristics of the plaintiff.

b. A party to whom subdivision a applies shall file with the court and serve on all

other parties a redacted and unredacted version of the filing and a confidential

information form that includes the redacted plaintiff's name and other identifying

characteristics.

c. The court may make further orders as necessary to protect the identity and

privacy of a plaintiff.

7. In an action under subsection 6, a prevailing plaintiff may recover:

a. The greater of:

(1) Economic and noneconomic damages proximately caused by the

defendant's violation of this section, including damages for emotional

distress whether or not accompanied by other damages; or

(2) Statutory damages not to exceed ten thousand dollars against each

defendant found liable under this section;

b. An amount equal to any monetary gain made by the defendant from the

distribution, promotion, advertising, sale, exhibition, broadcasting, or transmission

of the sexually expressive image; and

c. Exemplary damages.

8. In an action under subsection 6, the court may award a prevailing plaintiff:

a. Reasonable attorney fees and costs; and

b. Other remedies available by law, including injunctive relief.

9. This chapter does not affect or preclude any other right or remedy available under

federal law or a law of this state other than this section.
N.D. Cent. Code § 12.1-04.1-11 — ND Code / Title 12.1 / Chapter 12.1-04.1 / Section 12.1-04.1-11
12.1-04.1-11. Exchange of reports and production of documents
Status: in_force

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

Not less than fifteen days before trial, the prosecuting attorney shall furnish to the defendant

reports prepared pursuant to section 12.1-04.1-10, and the defendant shall furnish to the

prosecuting attorney reports by each tier 1a mental health professional or other expert on any

aspect of the defendant's mental condition whom the defendant intends to call at trial. Upon

application by either party and after hearing, the court may require production of documents

prepared, completed, or used in the examination or inquiry by the tier 1a mental health

professional or other expert.
N.D. Cent. Code § 12.1-04.1-20 — ND Code / Title 12.1 / Chapter 12.1-04.1 / Section 12.1-04.1-20
12.1-04.1-20. Jurisdiction of court
Status: in_force

12.1-04.1-20. Jurisdiction of court

1. Unless earlier discharged by order of the court pursuant to section 12.1-04.1-22,

12.1-04.1-24, or 12.1-04.1-25, an individual found not guilty by reason of lack of

criminal responsibility is subject to the jurisdiction of the court for a period equal to the

maximum term of imprisonment that could have been imposed for the most serious

crime of which the individual was charged but found not guilty by reason of lack of

criminal responsibility. In a juvenile proceeding, a child not adjudicated by reason of

lack of criminal responsibility is subject to the jurisdiction of the court for one year.

2. Upon expiration of its jurisdiction under this chapter or earlier discharge by its order,

the court may order that a proceeding for involuntary commitment be initiated pursuant

to chapter 25-03.1. In a juvenile proceeding, the court may order an investigation into

whether a child in need of protection proceedings should be initiated under chapter

27-20.3.
N.D. Cent. Code § 12.1-27.1-09 — ND Code / Title 12.1 / Chapter 12.1-27.1 / Section 12.1-27.1-09
12.1-27.1-09. Preliminary injunction - Limitations
Status: repealed

12.1-27.1-09. Preliminary injunction - Limitations

Repealed by S.L. 1981, ch. 157, § 1.
N.D. Cent. Code § 12.1-20-21 — ND Code / Title 12.1 / Chapter 12.1-20 / Section 12.1-20-21
12.1-20-21. Change of address - Duty to inform
Status: repealed

12.1-20-21. Change of address - Duty to inform

Repealed by S.L. 1993, ch. 129, § 5.
N.D. Cent. Code § 12.1-05-03 — ND Code / Title 12.1 / Chapter 12.1-05 / Section 12.1-05-03
12.1-05-03. Self-defense
Status: in_force

12.1-05-03. Self-defense

A person is justified in using force upon another person to defend himself against danger of

imminent unlawful bodily injury, sexual assault, or detention by such other person, except that:

1. A person is not justified in using force for the purpose of resisting arrest, execution of

process, or other performance of duty by a public servant under color of law, but

excessive force may be resisted.

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

a. He intentionally provokes unlawful action by another person to cause bodily injury

or death to such other person; or

b. He has entered into a mutual combat with another person or is the initial

aggressor unless he is resisting force which is clearly excessive in the

circumstances. A person's use of defensive force after he withdraws from an

encounter and indicates to the other person that he has done so is justified if the

latter nevertheless continues or menaces unlawful action.
N.D. Cent. Code § 12.1-27.1-03.2 — ND Code / Title 12.1 / Chapter 12.1-27.1 / Section 12.1-27.1-03.2
12.1-27.1-03.2. Exhibition of X-rated motion picture in unscreened outdoor theater - Penalty
Status: in_force

12.1-27.1-03.2. Exhibition of X-rated motion picture in unscreened outdoor theater -

Penalty.

Any person who, knowing of its character, exhibits any motion picture rated X by the motion

picture association of America in any outdoor theater where the screen is visible beyond the

limits of the theater audience area, so that the motion picture may be seen and its content or

character distinguished by normal unaided vision by a minor viewing it from beyond the limits of

the theater audience area, is guilty of a class B misdemeanor.
N.D. Cent. Code § 12.1-34-04 — ND Code / Title 12.1 / Chapter 12.1-34 / Section 12.1-34-04
12.1-34-04. Victim and witness services
Status: in_force

12.1-34-04. Victim and witness services

Each prosecuting attorney is responsible for securing for victims and witnesses of crime the

rights and services described in this chapter. Those services include all of the following:

1. Court appearance notification services, including cancellations of appearances.

2. Informational services relative to the availability of the collection of witness fees, victim

compensation, or restitution.

3. Escort and other transportation services related to the investigation or prosecution of

the case, if necessary.

4. Case process notification services.

5. Employer intercession services.

6. Expedited return of property services.

7. Protection services.

8. Family support services, including child and other dependent care services.

9. Waiting facilities.

10. Social service and other public or private agency referrals.
N.D. Cent. Code § 12.1-23-17 — ND Code / Title 12.1 / Chapter 12.1-23 / Section 12.1-23-17
12.1-23-17. Unlawful skimming of credit, debit, or other electronic payment cards - Penalty
Status: repealed

12.1-23-17. Unlawful skimming of credit, debit, or other electronic payment cards -

Penalty.

Repealed by S.L. 2019, ch. 111, § 4.
N.D. Cent. Code § 12.1-32-02.3 — ND Code / Title 12.1 / Chapter 12.1-32 / Section 12.1-32-02.3
12.1-32-02.3. Mandatory sentences - Exceptions
Status: in_force

12.1-32-02.3. Mandatory sentences - Exceptions

1. In addition to any other provision of law, when sentencing an individual convicted of a

violation in chapter 19-03.1 for which there is a mandatory minimum sentence, the

court may depart from the applicable mandatory minimum sentence if the court, in

giving due regard to the nature of the crime, history and character of the defendant,

and the defendant's chances of successful rehabilitation, finds a compelling reason on

the record that imposition of the mandatory minimum sentence would result in

manifest injustice to the defendant and that the mandatory minimum sentence is not

necessary for the protection of the public.

2. Subsection 1 does not apply if the individual is sentenced under section 12.1-32-02.1.

3. Upon departing from a mandatory minimum sentence, a judge shall report to the state

court administrator who shall make available in electronic form and on the world wide

web an annual report by July 1 of each year on the total number of departures from

mandatory minimum sentences.
N.D. Cent. Code § 12.1-12-04 — ND Code / Title 12.1 / Chapter 12.1-12 / Section 12.1-12-04
12.1-12-04. Trading in public office and political endorsement
Status: in_force

12.1-12-04. Trading in public office and political endorsement

1. A person is guilty of a class A misdemeanor if he solicits, accepts, or agrees to accept,

or offers, gives, or agrees to give, a thing of pecuniary value as consideration for

approval or disapproval by a public servant or party official of a person for:

a. Appointment, employment, advancement, or retention as a public servant; or

b. Designation or nomination as a candidate for elective office.

2. In this section:

a. "Approval" includes recommendation, failure to disapprove, or any other

manifestation of favor or acquiescence.

b. "Disapproval" includes failure to approve or any other manifestation of disfavor or

nonacquiescence.

c. "Party official" means a person who holds a position or office in a political party,

whether by election, appointment, or otherwise.

3. Any appointment of a public servant made in violation of this section is void, but any

official action taken by the appointee prior to conviction under this section is valid.
N.D. Cent. Code § 12.1-21-02 — ND Code / Title 12.1 / Chapter 12.1-21 / Section 12.1-21-02
12.1-21-02. Endangering by fire or explosion
Status: in_force

12.1-21-02. Endangering by fire or explosion

1. An individual is guilty of an offense if the individual intentionally starts or maintains a

fire or causes an explosion and thereby recklessly:

a. Places another person in danger of death or bodily injury;

b. Places an entire or any part of a building or inhabited structure of another or a

vital public facility in danger of destruction; or

c. Causes damage to property of another constituting pecuniary loss in excess of

two thousand dollars.

2. For purposes of this section, "person in danger" includes fire department, law

enforcement, and emergency medical personnel, a firefighter, and a volunteer

firefighter while responding to a fire or during fire suppression efforts.

3. The offense is a class B felony if the actor places another person in danger of death

under circumstances manifesting an extreme indifference to the value of human life.

Otherwise it is a class C felony.
N.D. Cent. Code § 12.1-33-04 — ND Code / Title 12.1 / Chapter 12.1-33 / Section 12.1-33-04
12.1-33-04. Savings provisions
Status: in_force

12.1-33-04. Savings provisions

This chapter does not:

1. Affect the power of a court, otherwise given by law to impose sentence or to suspend

imposition or execution of sentence on any conditions, or to impose conditions of

probation, or the power of the parole board to impose conditions of parole.

2. Deprive or restrict the authority and powers of officials of a penal institution or other

penal facility, otherwise provided by law, for the administration of the institution or

facility or for the control of the conduct and conditions of confinement of a convicted

person in their custody.

3. Affect the qualifications or disqualifications otherwise required or imposed by law for a

designated office, public or private, or to serve as a juror or to vote or for any

designated profession, trust, or position, or for any designated license or privilege

conferred by public authority.

4. Affect the rights of others arising out of the conviction or out of the conduct on which

the conviction is based and not dependent upon the doctrines of civil death, the loss of

civil rights, the forfeiture of estate, or corruption of blood.

5. Affect laws governing rights of inheritance of a murderer from his victim.
N.D. Cent. Code § 12.1-32-02.1 — ND Code / Title 12.1 / Chapter 12.1-32 / Section 12.1-32-02.1
12.1-32-02.1. Mandatory prison terms for armed offenders
Status: in_force

12.1-32-02.1. Mandatory prison terms for armed offenders

1. Notwithstanding any other provision of this title, a term of imprisonment must be

imposed upon an offender and served without benefit of parole when:

a. In the course of committing an offense, the offender inflicts or attempts to inflict

bodily injury upon another, threatens or menaces another with imminent bodily

injury with a dangerous weapon, explosive, destructive device, or firearm; or

b. An offender prohibited from possessing a firearm under section 62.1-02-01

possesses a firearm while in the course of committing any felony offense under

subsection 1, 3, or 7 of section 19-03.1-23.

2. This requirement applies only when possession of a dangerous weapon, explosive,

destructive device, or firearm has been charged and admitted or found to be true in the

manner provided by law, and must be imposed as follows:

a. If the offense for which the offender is convicted is a class AA, class A, or class B

felony, the court shall impose a minimum sentence of four years' imprisonment.

b. If the offense for which the offender is convicted is a class C felony, the court

shall impose a minimum sentence of two years' imprisonment.

3. This section applies even when being armed is an element of the offense for which the

offender is convicted.

4. This section applies even if the offender is prosecuted for a violation of section

62.1-02-01 for the same conduct.

5. An offender serving a sentence subject to this section may be eligible to participate in

a release program under section 12-48.1-02 during the last six months of the

offender's sentence.
N.D. Cent. Code § 12.1-17-05 — ND Code / Title 12.1 / Chapter 12.1-17 / Section 12.1-17-05
12.1-17-05. Menacing
Status: in_force

12.1-17-05. Menacing

A person is guilty of a class A misdemeanor if he knowingly places or attempts to place

another human being in fear by menacing him with imminent serious bodily injury.
N.D. Cent. Code § 12.1-16-02 — ND Code / Title 12.1 / Chapter 12.1-16 / Section 12.1-16-02
12.1-16-02. Manslaughter
Status: in_force

12.1-16-02. Manslaughter

A person is guilty of manslaughter, a class B felony, if he recklessly causes the death of

another human being.
N.D. Cent. Code § 12.1-32-13.1 — ND Code / Title 12.1 / Chapter 12.1-32 / Section 12.1-32-13.1
12.1-32-13.1. Juveniles - Sentencing - Reduction
Status: in_force

12.1-32-13.1. Juveniles - Sentencing - Reduction

1. Notwithstanding any other provision of law, a court may reduce a term of imprisonment

imposed upon a defendant convicted as an adult for an offense committed and

completed before the defendant was eighteen years of age if:

a. The defendant has served at least twenty years in custody for the offense;

b. The defendant filed a motion for reduction in sentence; and

c. The court has considered the factors provided in this section and determined the

defendant is not a danger to the safety of any other individual, and the interests of

justice warrant a sentence modification.

2. A defendant whose sentence is reduced under this section must be ordered to serve a

period of supervised release of at least five years upon release from imprisonment.

The conditions of supervised release and any modification or revocation of the term of

supervised release must be in accordance with this chapter.

3. When determining whether to reduce a term of imprisonment under this section, the

court shall consider:

a. The factors provided in section 12.1-32-04, including the nature of the offense;

b. The age of the defendant at the time of the offense;

c. A report and recommendation from the department of corrections and

rehabilitation, including information relating to the defendant's ability to comply

with the rules of the institution and whether the defendant completed any

educational, vocational, or other prison programming;

d. A report and recommendation from the state's attorney for any county in which

the defendant was prosecuted;

e. Whether the defendant has demonstrated maturity, rehabilitation, and a fitness to

re-enter society sufficient to justify a sentence reduction;

f. A statement by a victim or a family member of a victim who was impacted by the

actions of the defendant;

g. A report of a physical, mental, or psychiatric examination of the defendant

conducted by a licensed health care professional;

h. The defendant's family and community circumstances at the time of the offense,

including any history of abuse, trauma, or involvement in the child welfare

system;

i. The role of the defendant in the offense and whether an adult also was involved

in the offense;

j. The diminished culpability of juveniles compared to adults and the level of

maturity and failure to appreciate the risks and consequences; and

k. Any additional information the court determines relevant.

4. A defendant may make a second motion for a reduction in sentence under this section

no earlier than five years after the initial motion for reduction.

5. A defendant may make a final motion for a reduction in sentence no earlier than five

years after the order for a second motion was filed.
N.D. Cent. Code § 12.1-31-10 — ND Code / Title 12.1 / Chapter 12.1-31 / Section 12.1-31-10
12.1-31-10. Sale of bidis prohibited - Penalty
Status: in_force

12.1-31-10. Sale of bidis prohibited - Penalty

It is an infraction for any person to sell the tobacco product commonly referred to as bidis or

beedies. For purposes of this section, "bidis" or "beedies" means a product containing tobacco

which is wrapped in temburni leaf, also known as diospyros melanoxylon, or tendu leaf, also

known as diospyros exculpra.
N.D. Cent. Code § 12.1-28-02 — ND Code / Title 12.1 / Chapter 12.1-28 / Section 12.1-28-02
12.1-28-02. Gambling - Related offenses - Classification of offenses
Status: in_force

12.1-28-02. Gambling - Related offenses - Classification of offenses

Except as permitted by law:

1. It is an infraction to engage in gambling on private premises where the total amount

wagered by an individual player exceeds twenty-five dollars per individual hand, game,

or event.

2. It is a class A misdemeanor to:

a. Sell, purchase, receive, or transfer a chance to participate in a lottery, whether

the lottery is drawn in state or out of state, and whether the lottery is lawful in the

other state or country;

b. Disseminate information about a lottery with intent to encourage participation in it,

except that a legal lottery may be advertised in North Dakota; or

c. Engage in gambling on private premises where the total amount wagered by an

individual player exceeds five hundred dollars per individual hand, game, or

event.

3. A person is guilty of a class C felony if that person engages or participates in the

business of gambling. Without limitation, a person is deemed to be engaged in the

business of gambling if that person:

a. Conducts a wagering pool or lottery;

b. Receives wagers for or on behalf of another person;

c. Alone or with others, owns, controls, manages, or finances a gambling business;

d. Knowingly leases or otherwise permits a place to be regularly used to carry on a

gambling business or maintain a gambling house;

e. Maintains for use on any place or premises occupied by that person a

coin-operated gaming device; or

f. Is a public servant who shares in the proceeds of a gambling business whether

by way of a bribe or otherwise.

4. a. As used in subsection 3 but with the exceptions provided by subdivision b of this

subsection, the term "coin-operated gaming device" means any machine that is:

(1) A so-called "slot" machine that operates by means of the insertion of a coin,

token, or similar object and which, by application of the element of chance,

may deliver, or entitle the person playing or operating the machine to

receive cash, premiums, merchandise, or tokens; or

(2) A machine that is similar to machines described in paragraph 1 and is

operated without the insertion of a coin, token, or similar object.

b. The term "coin-operated gaming device" does not include a bona fide vending or

amusement machine in which gambling features are not incorporated as defined

in section 53-04-01, or an antique "slot" machine twenty-five years old or older

that is collected and possessed by a person as a hobby and is not maintained for

the business of gambling.

c. A law enforcement officer may seize any device described in subdivision a upon

probable cause to believe that the device was used or is intended to be used in

violation of this chapter or chapter 53-06.1. The court shall order the device

forfeited in the same manner and according to the same procedure as provided

under chapter 29-31.1.
N.D. Cent. Code § 12.1-32-01 — ND Code / Title 12.1 / Chapter 12.1-32 / Section 12.1-32-01
12.1-32-01. Classification of offenses - Penalties
Status: in_force

12.1-32-01. Classification of offenses - Penalties

Offenses are divided into seven classes, which are denominated and subject to maximum

penalties, as follows:

1. Class AA felony, for which a maximum penalty of life imprisonment without parole may

be imposed. The court must designate whether the life imprisonment sentence

imposed is with or without an opportunity for parole. Notwithstanding the provisions of

section 12-59-05, a person found guilty of a class AA felony and who receives a

sentence of life imprisonment with parole, shall not be eligible to have that person's

sentence considered by the parole board for thirty years, less sentence reduction

earned for good conduct, after that person's admission to the penitentiary.

2. Class A felony, for which a maximum penalty of twenty years' imprisonment, a fine of

twenty thousand dollars, or both, may be imposed.

3. Class B felony, for which a maximum penalty of ten years' imprisonment, a fine of

twenty thousand dollars, or both, may be imposed.

4. Class C felony, for which a maximum penalty of five years' imprisonment, a fine of ten

thousand dollars, or both, may be imposed.

5. Class A misdemeanor, for which a maximum penalty of imprisonment for three

hundred sixty days, a fine of three thousand dollars, or both, may be imposed.

6. Class B misdemeanor, for which a maximum penalty of thirty days' imprisonment, a

fine of one thousand five hundred dollars, or both, may be imposed.

7. Infraction, for which a maximum fine of one thousand dollars may be imposed. Any

person convicted of an infraction who, within one year before commission of the

infraction of which the person was convicted, has been convicted previously at least

twice of the same offense classified as an infraction may be sentenced as though

convicted of a class B misdemeanor. If the prosecution contends that the infraction is

punishable as a class B misdemeanor, the complaint must specify the offense is a

misdemeanor.

This section shall not be construed to forbid sentencing under section 12.1-32-09, relating to

extended sentences.
N.D. Cent. Code § 12.1-15-01 — ND Code / Title 12.1 / Chapter 12.1-15 / Section 12.1-15-01
12.1-15-01. Criminal defamation
Status: in_force

12.1-15-01. Criminal defamation

1. A person is guilty of a class A misdemeanor if he willfully publishes defamatory matter

or knowingly procures such publication or in any way knowingly aids or assists in the

same being done.

2. It is a defense to a prosecution under this section that:

a. The matter alleged to be defamatory is true; or

b. The matter alleged to be defamatory was contained in a privileged

communication.

3. In this section:

a. "Defamatory matter" means any written or oral communication concerning a

natural person made public with actual malice or with reckless disregard of the

truth by any utterance, printing, writing, sign, picture, representation, or effigy

tending to expose such person to public hatred, contempt, or ridicule or to deprive

him of the benefits of public confidence and social intercourse or any written or

oral communication concerning a natural person made public as aforesaid

designed to blacken and vilify the memory of one who is dead and tending to

scandalize or provoke his surviving relatives and friends.

b. "Privileged communication" means a communication made to a person entitled to

or interested in the communication by one who is also entitled to or interested or

who stood in such relation to the former as to afford a reasonable ground for

supposing his motive innocent.

c. "Publication" means a knowing display of defamatory matter, or the parting with

its immediate custody under circumstances which exposed the defamatory matter

to be read or seen or understood by a person other than the publisher of the

defamatory matter, although it is not necessary that the matter complained of

should have been seen or read by another.
N.D. Cent. Code § 12.1-10-05 — ND Code / Title 12.1 / Chapter 12.1-10 / Section 12.1-10-05
12.1-10-05. Disobedience of judicial order
Status: in_force

12.1-10-05. Disobedience of judicial order

1. A person is guilty of a class A misdemeanor if the person disobeys or resists a lawful

temporary restraining order or preliminary or final injunction or other final order, other

than for the payment of money, of a court of this state.

2. Notwithstanding the limitations of section 12.1-32-01, the defendant may be sentenced

to pay a fine in any amount deemed just by the court.
N.D. Cent. Code § 12.1-22-03 — ND Code / Title 12.1 / Chapter 12.1-22 / Section 12.1-22-03
12.1-22-03. Criminal trespass - Noncriminal offense on posted property
Status: in_force

12.1-22-03. Criminal trespass - Noncriminal offense on posted property

1. An individual is guilty of a class C felony if, knowing the individual is not licensed or

privileged to do so, the individual enters or remains in a dwelling or in highly secured

premises.

2. An individual who unlawfully detains, occupies, or trespasses upon a residential

dwelling is guilty of a class C felony for the first offense and a class B felony for a

second or subsequent offense if the second or subsequent offense occurred at the

same residential dwelling as the first offense.

3. An individual is guilty of a class A misdemeanor if, knowing the individual is not

licensed or privileged to do so, the individual:

a. Enters or remains in or on any building, occupied structure, or storage structure,

or separately secured or occupied portion thereof; or

b. Enters or remains in any place enclosed by a fence or otherwise enclosed as

manifestly to exclude intruders, unless the individual is a licensed hunter or

angler who is lawfully hunting or fishing. For purposes of this subdivision, "fence"

means a permanent structure on nonurban, private property which is maintained

and capable of containing livestock.

4. a. An individual is guilty of a class B misdemeanor if, knowing the individual is not

licensed or privileged to do so, the individual enters or remains in any place as to

which notice against trespass is given by actual communication to the actor by

the owner or an individual authorized by the owner or by posting in a manner

reasonably likely to come to the attention of intruders. The name of the person

posting the premises must appear on each sign in legible characters.

b. Even if the conduct of the owner or individual authorized by the owner varies from

the provisions of subdivision a, an individual may be found guilty of violating

subdivision a if the owner or individual authorized by the owner substantially

complied with subdivision a and notice against trespass is clear from the

circumstances.

c. An individual who violates subdivision a is guilty of a class A misdemeanor for the

second or subsequent offense within a two-year period.

5. a. A peace officer may cite an individual who, knowing the individual is not licensed

or privileged to do so, entered or remained in a place as to which notice against

trespass is given by posting in a manner reasonably likely to come to the

attention of intruders or a place enclosed by a fence as defined in subsection 2,

with a noncriminal offense. An individual cited under this subsection may not be

prosecuted under subsection 2 or 3 for the same offense.

b. The fine for a citation under subdivision a is two hundred fifty dollars for each

violation.

c. The peace officer citing the individual shall:

(1) Take the name and address of the individual; and

(2) Notify the individual of the right to request a hearing if posting bond by mail.

d. The peace officer may not take the individual into custody or require the individual

to proceed with the peace officer to any other location for the purpose of posting

bond. The officer shall provide the individual with an envelope for use in mailing

the bond.

e. An individual cited may appear before the designated official and pay the

statutory fine for the violation at or before the time scheduled for hearing.

f. If the individual has posted bond, the individual may forfeit bond by not appearing

at the designated time.

g. If the individual posts bond by mail, the bond must be submitted within fourteen

days of the date of the citation and the individual cited shall indicate on the

envelope or citation whether a hearing is requested. If the individual does not

request a hearing within fourteen days of the date of the citation, the bond is

deemed forfeited and the individual is deemed to have admitted to the violation

and to have waived the right to a hearing on the issue of commission of the

violation. If the individual requests a hearing, the court for the county in which the

citation is issued shall issue a summons to the individual requesting the hearing

notifying the individual of the date of the hearing before the designated official.

h. Upon appearing at the hearing scheduled in the citation or otherwise scheduled

at the individual's request, the individual may make a statement in explanation of

the individual's action. The official may at that time waive or suspend the statutory

fine or bond.

i. A citing peace officer may not receive the statutory fine or bond.

j. The bond required to secure appearance before the judge must be identical to

the statutory fine established in subdivision b.

6. An individual is guilty of a class B misdemeanor if that individual remains upon the

property of another after being requested to leave the property by a duly authorized

individual. An individual who violates this subsection is guilty of a class A misdemeanor

for the second or subsequent offense within a two-year period.

7. This section does not apply to a peace officer in the course of discharging the peace

officer's official duties.
N.D. Cent. Code § 12.1-41-11 — ND Code / Title 12.1 / Chapter 12.1-41 / Section 12.1-41-11
12.1-41-11. Past sexual behavior of victim
Status: in_force

12.1-41-11. Past sexual behavior of victim

In a prosecution for an offense under this chapter or a civil action under section 12.1-41-15,

evidence of a specific instance of the alleged victim's past sexual behavior or reputation or

opinion evidence of past sexual behavior of the alleged victim is not admissible unless the

evidence is:

1. Admitted in accordance with the North Dakota rules of evidence; or

2. Offered by the prosecution to prove a pattern of human trafficking by the defendant.
N.D. Cent. Code § 12.1-23-19 — ND Code / Title 12.1 / Chapter 12.1-23 / Section 12.1-23-19
12.1-23-19. Use and possession of re-encoders and scanning devices - Penalty
Status: in_force

12.1-23-19. Use and possession of re-encoders and scanning devices - Penalty

1. An individual is guilty of a class B felony if the individual uses or attempts to use a

skimmer, re-encoder, or a scanning device to obtain information from a payment card,

driver's license, or state-issued identification card without the permission of the

authorized card user of the card from which the information is being skimmed,

re-encoded, or scanned. An individual convicted of a second or subsequent violation of

this subsection is guilty of a class A felony and also is subject to a civil penalty of not

more than one hundred thousand dollars.

2. An individual is guilty of a class A misdemeanor if the individual owns or possess a

skimmer, re-encoder, or scanning device with the intent to commit, aid, or abet any

unlawful activity.
N.D. Cent. Code § 12.1-23-08 — ND Code / Title 12.1 / Chapter 12.1-23 / Section 12.1-23-08
12.1-23-08. Defrauding secured creditors
Status: in_force

12.1-23-08. Defrauding secured creditors

1. An owner of property who creates a security interest in such property may not

intentionally alter, conceal, destroy, damage, encumber, transfer, remove, or otherwise

deal with property that is subject to the security interest without the prior consent of the

secured party if that action has the effect of hindering the enforcement of the security

interest.

2. A person may not destroy, remove, damage, conceal, encumber, transfer, or otherwise

deal with property that is subject to a security interest with the intent to prevent

collection of the debt represented by the security interest.

3. A person may not, at the time of sale of property that is subject to a security interest, or

is described in a certificate provided for under section 41-09-28, make false

statements as to the existence of security interests in the property, or as to the

ownership or location of the property.

4. A violation of subsection 2 or 3 must be prosecuted as theft under section 12.1-23-02

or 12.1-23-04. Violation of subsection 2 or 3 is a class C felony if the property has a

value of more than one thousand dollars, as determined under subsection 7 of section
N.D. Cent. Code § 12.1-36.1-02 — ND Code / Title 12.1 / Chapter 12.1-36.1 / Section 12.1-36.1-02
12.1-36.1-02. Perception of a minor's sex - Prohibited practices - Penalty
Status: in_force

12.1-36.1-02. Perception of a minor's sex - Prohibited practices - Penalty

1. Except as provided under section 12.1-36.1-03, if a minor's perception of the minor's

sex is inconsistent with the minor's sex, a health care provider may not engage in any

of the following practices for the purpose of changing or affirming the minor's

perception of the minor's sex:

a. Perform castration, vasectomy, hysterectomy, oophorectomy, metoidioplasty,

orchiectomy, penectomy, phalloplasty, or vaginoplasty;

b. Perform a mastectomy;

c. Prescribe, dispense, administer, or otherwise supply any drug that has the

purpose of aligning the minor's sex with the minor's perception of the minor's sex

when the perception is inconsistent with the minor's sex, including:

(1) Puberty-blocking medication to stop normal puberty;

(2) Supraphysiologic doses of testosterone to females; or

(3) Supraphysiologic doses of estrogen to males; or

d. Remove any otherwise healthy or nondiseased body part or tissue, except for a

male circumcision.

2. A health care provider who willfully violates:

a. Subdivision a, b, or d of subsection 1 is guilty of a class B felony.

b. Subdivision c of subsection 1 is guilty of a class A misdemeanor.
N.D. Cent. Code § 12.1-31-07 — ND Code / Title 12.1 / Chapter 12.1-31 / Section 12.1-31-07
12.1-31-07. Endangering an eligible adult - Penalty
Status: in_force

12.1-31-07. Endangering an eligible adult - Penalty

1. In this chapter, unless the context otherwise requires:

a. "Caregiver" means a person who is responsible for the care of an eligible adult as

a result of a familial or legal relationship, or a person who has assumed

responsibility for the care of an eligible adult. The term does not include a

licensed health care provider who is acting within the provider's legal scope of

practice in providing appropriate care or assistance to an eligible adult who is the

patient or client of the licensed health care provider.

b. "Eligible adult" means an individual who is at least sixty-five years old or a

vulnerable adult as defined in section 50-25.2-01.

c. "Undue influence" means the use of a position of trust and confidence with an

eligible adult to exploit or take advantage of that eligible adult through actions or

tactics, including emotional, psychological, or legal manipulation.

2. Except as provided for by chapters 23-06.5 and 30.1-30, a caregiver who knowingly

performs an act that causes an eligible adult's life to be endangered, health to be

injured, or pre-existing physical or mental condition to deteriorate, or a caregiver who

fails to perform acts that the caregiver knows are necessary to maintain or preserve

the life or health of the eligible adult and the failure causes the eligible adult's life to be

endangered, health to be injured, or pre-existing physical or mental condition to

deteriorate, is guilty of a class B felony.
N.D. Cent. Code § 12.1-41-07 — ND Code / Title 12.1 / Chapter 12.1-41 / Section 12.1-41-07
12.1-41-07. Business entity liability
Status: in_force

12.1-41-07. Business entity liability

1. A person that is a business entity may be prosecuted for an offense under sections

12.1-41-02 through 12.1-41-06 as provided by chapter 12.1-03.

2. When a person that is a business entity is prosecuted for an offense under sections

12.1-41-02 through 12.1-41-06, the court may consider the severity of the entity's

conduct and order penalties in addition to those otherwise provided for the offense,

including:

a. A fine of not more than one million dollars per offense;

b. Disgorgement of profit from activity in violation of this chapter; and

c. Debarment from state and local government contracts.
N.D. Cent. Code § 12.1-37-01 — ND Code / Title 12.1 / Chapter 12.1-37 / Section 12.1-37-01
12.1-37-01. Willful failure to pay child support - Classification of offenses - Affirmative defense - Penalty
Status: in_force

12.1-37-01. Willful failure to pay child support - Classification of offenses - Affirmative

defense - Penalty.

1. A person is guilty of an offense if the person willfully fails to pay child support in an

amount ordered by a court or other governmental agency having authority to issue the

orders.

2. a. If the unpaid amount is greater than the greater of two thousand dollars or six

times the monthly child support obligation, the offense is a class C felony.

b. If the unpaid amount is greater than the greater of one thousand dollars or three

times the monthly child support obligation, but less than the amount required

under subdivision a, the offense is a class A misdemeanor.

c. If the unpaid amount is less than the amount required under subdivision b, the

offense is a class B misdemeanor.

3. If the failure to pay child support occurs while the defendant was in another state, and

while the child was in this state, the offense must be construed to have been

committed in this state.

4. It is an affirmative defense to a charge under subsection 1 that the defendant suffered

from a disability during the periods an unpaid child support obligation accrued, such as

to effectively preclude the defendant's employment at any gainful occupation. This

defense is available only if the defendant lacked the means to pay the ordered

amounts other than from employment.

5. For purposes of this section, "child support" has the meaning provided in section

14-09-09.10.

6. This section applies only to the willful failure to pay child support after August 1, 1995.

7. In a prosecution under this chapter, a copy of a record certified under section

14-08.1-08 is admissible as prima facie evidence of the contents of the record.
N.D. Cent. Code § 12.1-20-05.1 — ND Code / Title 12.1 / Chapter 12.1-20 / Section 12.1-20-05.1
12.1-20-05.1. Luring minors by computer or other electronic means
Status: in_force

12.1-20-05.1. Luring minors by computer or other electronic means

1. An adult is guilty of luring minors by computer or other electronic means when:

a. The adult knows the character and content of a communication that, in whole or

in part, implicitly or explicitly discusses or depicts actual or simulated nudity,

sexual acts, sexual contact, sadomasochistic abuse, or other sexual

performances and uses any computer communication system or other electronic

means that allows the input, output, examination, or transfer of data or programs

from one computer or electronic device to another to initiate or engage in such

communication with a person the adult believes to be a minor; and

b. By means of that communication the adult importunes, invites, or induces a

person the adult believes to be a minor to engage in sexual acts or to have

sexual contact with the adult, or to engage in a sexual performance, obscene

sexual performance, or sexual conduct for the adult's benefit, satisfaction, lust,

passions, or sexual desires.

2. A violation of this section is a class A misdemeanor if the adult is less than twenty-two

years of age and reasonably believes the minor is age fifteen to seventeen. If the adult

is less than twenty-two years of age and reasonably believes the minor is under age

fifteen, or the adult is twenty-two years of age or older and the adult reasonably

believes the minor is age fifteen to seventeen, violation of this section is a class C

felony. If the adult is twenty-two years of age or older and the adult reasonably

believes the minor is under the age of fifteen, violation of this section is a class B

felony. The court shall sentence an adult convicted of a class B or class C felony under

this section to serve a term of imprisonment of at least one year, except the court may

sentence an individual to less than one year if the individual did not take a substantial

step toward meeting with the minor.

3. The attorney general may issue an administrative subpoena compelling an internet

service provider or cellular phone company to provide subscriber information to a law

enforcement agency investigating a possible violation of this section.
N.D. Cent. Code § 12.1-10-01 — ND Code / Title 12.1 / Chapter 12.1-10 / Section 12.1-10-01
12.1-10-01. Criminal contempt
Status: repealed

12.1-10-01. Criminal contempt

Repealed by S.L. 1993, ch. 89, § 32.
N.D. Cent. Code § 12.1-17-04 — ND Code / Title 12.1 / Chapter 12.1-17 / Section 12.1-17-04
12.1-17-04. Terrorizing
Status: in_force

12.1-17-04. Terrorizing

A person is guilty of a class C felony if, with intent to place another human being in fear for

that human being's or another's safety or to cause evacuation of a building, place of assembly,

or facility of public transportation, or otherwise to cause serious disruption or public

inconvenience, or in reckless disregard of the risk of causing such terror, disruption, or

inconvenience, the person:

1. Threatens to commit any crime of violence or act dangerous to human life; or

2. Falsely informs another that a situation dangerous to human life or commission of a

crime of violence is imminent knowing that the information is false.
N.D. Cent. Code § 12.1-21.1-01 — ND Code / Title 12.1 / Chapter 12.1-21.1 / Section 12.1-21.1-01
12.1-21.1-01. Definitions
Status: in_force

12.1-21.1-01. Definitions

In this chapter, unless the context otherwise requires:

1. "Animal" means any living organism that is used in food, fur, or fiber production,

agriculture, research, testing, or education. The term does not include a human being,

plant, or bacteria.

2. "Animal facility" means any vehicle, building, structure, research facility, premises, or

defined area where an animal is kept, handled, housed, exhibited, bred, or offered for

sale.

3. "Deprive" means to:

a. Withhold an animal or other property from the owner permanently or for so

extended a period of time that a major portion of the value or enjoyment of the

animal or property is lost to the owner;

b. Restore the animal or property only upon payment of a reward or other

compensation; or

c. Dispose of an animal or other property in a manner that makes recovery of the

animal or property by the owner unlikely.

4. "Effective consent" includes consent by a person legally authorized to act for the

owner. Consent is not effective if:

a. Induced by force or threat;

b. Given by a person the offender knows is not legally authorized to act for the

owner; or

c. Given by a person who by reason of age, mental disease or defect, or influence

of drugs or alcohol is known by the offender to be unable to make a reasonable

decision.

5. "Owner" means a person who has title to the property, possession of the property, or a

greater right to possession of the property than the actor.

6. "Possession" means actual care, custody, control, or management.

7. "Research facility" means any place at which any scientific test, experiment, or

investigation involving the use of any living animal is carried out, conducted, or

attempted.
N.D. Cent. Code § 12.1-07-05 — ND Code / Title 12.1 / Chapter 12.1-07 / Section 12.1-07-05
12.1-07-05. Penalty
Status: in_force

12.1-07-05. Penalty

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

misdemeanor.
N.D. Cent. Code § 12.1-19.1-03 — ND Code / Title 12.1 / Chapter 12.1-19.1 / Section 12.1-19.1-03
12.1-19.1-03. Exceptions
Status: in_force

12.1-19.1-03. Exceptions

This chapter does not apply to:

1. An abortion deemed necessary based on reasonable medical judgment which was

intended to prevent the death or a serious health risk to the pregnant female.

2. An abortion to terminate a pregnancy that based on reasonable medical judgment

resulted from gross sexual imposition, sexual imposition, sexual abuse of a ward, or

incest, as those offenses are defined in chapter 12.1-20, if the probable gestational

age of the unborn child is six weeks or less.

3. An individual assisting in performing an abortion if the individual was acting within the

scope of that individual's regulated profession, was under the direction of or at the

direction of a physician, and did not know the physician was performing an abortion in

violation of this chapter.
N.D. Cent. Code § 12.1-05-06 — ND Code / Title 12.1 / Chapter 12.1-05 / Section 12.1-05-06
12.1-05-06. Use of force in defense of premises and property
Status: in_force

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

Force is justified if it is used to prevent or terminate an unlawful entry or other trespass in or

upon premises, or to prevent an unlawful carrying away or damaging of property.
N.D. Cent. Code § 12.1-01-03.1 — ND Code / Title 12.1 / Chapter 12.1-01 / Section 12.1-01-03.1
12.1-01-03.1. Presumption of age
Status: in_force

12.1-01-03.1. Presumption of age

1. In determining an individual's age for purposes of this title, the individual's date of birth

as provided by any of the following is presumed to be the individual's legal date of

birth:

a. A state government in the form of a birth certificate, other state-issued

identification, or a certified copy of a birth certificate that includes the individual's

date of birth;

b. The United States government in the form of a tribal identification document,

military identification, passport, passport card, permanent resident card,

certificate of United States citizenship, certificate of naturalization, border

crossing card, visa, or other entry document that includes the individual's date of

birth; or

c. A foreign government in the form of a passport, driver's license, or other foreign

government-issued identity document that includes the individual's date of birth. If

there is a conflict between government issued forms, a government issued birth

certificate or a certified copy of a birth certificate takes precedence.

2. The presumption in subsection 1 may be rebutted by clear and convincing evidence to

the contrary.
N.D. Cent. Code § 12.1-05-05 — ND Code / Title 12.1 / Chapter 12.1-05 / Section 12.1-05-05
12.1-05-05. Use of force by persons with parental, custodial, or similar responsibilities
Status: in_force

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

responsibilities.

The use of force upon an individual is justified under any of the following circumstances:

1. Except as provided in section 15.1-19-02, a parent, guardian, or other person

responsible for the care and supervision of a minor, or other person responsible for the

care and supervision of a minor for a special purpose, or person acting at the direction

of any of the foregoing persons, may use reasonable force upon the minor for the

purpose of safeguarding or promoting the minor's welfare, including prevention and

punishment of the minor's misconduct, and the maintenance of proper discipline.

a. If the person using reasonable force for the prevention and punishment of the

minor's misconduct or the maintenance of proper discipline is a paid caregiver,

that person must be acting under written direction of the parent or guardian of the

minor.

b. The reasonable force may be used for this purpose, regardless of whether the

reasonable force is "necessary" as required by subsection 1 of section

12.1-05-07.

c. The reasonable force used may not create a substantial risk of death, serious

bodily injury, disfigurement, or gross degradation.

2. A guardian or other person responsible for the care and supervision of an individual

who is incompetent, or a person acting at the direction of the guardian or responsible

person, may use reasonable force upon the individual for the purpose of safeguarding

or promoting the welfare of the individual, including the prevention of the individual's

misconduct or, if the individual is in a hospital or other institution for care and custody,

for the purpose of maintaining reasonable discipline in the institution.

a. The force may be used for these purposes, regardless of whether the force is

"necessary" as required by subsection 1 of section 12.1-05-07.

b. The force used may not create a substantial risk of death, serious bodily injury,

disfigurement, or gross degradation.

3. A person responsible for the maintenance of order in a vehicle, train, vessel, aircraft,

or other carrier, or in a place in which others are assembled, or a person acting at the

responsible person's direction, may use force to maintain order.

4. A duly licensed physician, or a person acting at a duly licensed physician's direction,

may use force in order to administer a recognized form of treatment to promote the

physical or mental health of a patient if the treatment is administered:

a. In an emergency;

b. With the consent of the patient, or, if the patient is a minor or an individual who is

incompetent, with the consent of the patient's parent, guardian, or other person

entrusted with the patient's care and supervision; or

c. By order of a court of competent jurisdiction.

5. A person may use force upon an individual about to commit suicide or suffer serious

bodily injury, to prevent the death or serious bodily injury of that individual.
N.D. Cent. Code § 12.1-27.2-05 — ND Code / Title 12.1 / Chapter 12.1-27.2 / Section 12.1-27.2-05
12.1-27.2-05. Sexual performance by a minor - Affirmative defenses
Status: in_force

12.1-27.2-05. Sexual performance by a minor - Affirmative defenses

It is an affirmative defense to a prosecution under this chapter that:

1. The defendant in good faith reasonably believed the person appearing in the

performance was eighteen years of age or older, if the minor was in fact fifteen years

of age or older; or

2. The material or performance involved was disseminated or presented for a bona fide

medical, scientific, educational, religious, governmental, judicial, or other appropriate

purpose by or to a physician, psychologist, sociologist, scientist, teacher, person

pursuing bona fide studies or research, librarian, member of the clergy, prosecutor,

judge, or other person having a similar interest in the material or performance.
N.D. Cent. Code § 12.1-08-05 — ND Code / Title 12.1 / Chapter 12.1-08 / Section 12.1-08-05
12.1-08-05. Failure to appear after release - Bail jumping
Status: in_force

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

1. A person is guilty of an offense if, after having been released upon condition or

undertaking that he will subsequently appear before a court or judicial officer as

required, he willfully fails to appear as required.

2. The offense is a class C felony if the actor was released in connection with a charge of

felony or while awaiting sentence or pending appeal after conviction of any crime.

Otherwise it is a class A misdemeanor.
N.D. Cent. Code § 12.1-39-01 — ND Code / Title 12.1 / Chapter 12.1-39 / Section 12.1-39-01
12.1-39-01. Definitions
Status: in_force

12.1-39-01. Definitions

As used in this chapter, unless the context otherwise requires:

1. "Fetus" means a living organism of the species homo sapiens from eight weeks'

development until complete expulsion or extraction from a woman's body, or until

removal from an artificial womb or other similar environment designed to nurture the

development of such organism.

2. "Human cloning" means human asexual reproduction, accomplished by introducing

the genetic material of a human somatic cell into a fertilized or unfertilized oocyte, the

nucleus of which has been or will be removed or inactivated, to produce a living

organism with a human or predominantly human genetic constitution.

3. "Human embryo" means a living organism of the species homo sapiens from the

single-celled state to eight weeks' development.

4. "Human somatic cell" means a cell having a complete set of chromosomes obtained

from a living or deceased human organism of the species homo sapiens at any stage

of development.

5. "Oocyte" means a human female germ cell, also known as an egg.
N.D. Cent. Code § 12.1-41-06 — ND Code / Title 12.1 / Chapter 12.1-41 / Section 12.1-41-06
12.1-41-06. Patronizing a minor for commercial sexual activity
Status: in_force

12.1-41-06. Patronizing a minor for commercial sexual activity

1. A person commits the offense of patronizing a minor for commercial sexual activity if:

a. With the intent that an individual engage in commercial sexual activity with a

minor, the person gives, agrees to give, or offers to give anything of value to a

minor or another person so that the individual may engage in commercial sexual

activity with a minor; or

b. The person gives, agrees to give, or offers to give anything of value to a minor or

another person so that an individual may engage in commercial sexual activity

with a minor.

2. Patronizing a minor for commercial sexual activity under subdivision a of subsection 1

is a class A felony.

3. Patronizing a minor for commercial sexual activity under subdivision b of subsection 1

is a class B felony.
N.D. Cent. Code § 12.1-20-15.1 — ND Code / Title 12.1 / Chapter 12.1-20 / Section 12.1-20-15.1
12.1-20-15.1. Admissibility of evidence of victim's manner of dress in sex offense cases
Status: in_force

12.1-20-15.1. Admissibility of evidence of victim's manner of dress in sex offense

cases.

Superseded by N.D.R.Ev. 412.
N.D. Cent. Code § 12.1-29-07 — ND Code / Title 12.1 / Chapter 12.1-29 / Section 12.1-29-07
12.1-29-07. Offender education program
Status: in_force

12.1-29-07. Offender education program

A sentence for an offense under section 12.1-29-06 or chapter 12.1-41 may include an

order for the offender to participate in an offender education program on the negative

consequences of the commercial sex industry, including health and legal consequences and the

impact on communities, survivors, spouses, and children. The court may order the offender to

pay the cost of the offender education program.
N.D. Cent. Code § 12.1-20-25 — ND Code / Title 12.1 / Chapter 12.1-20 / Section 12.1-20-25
12.1-20-25. Sexual offender presence near schools prohibited
Status: in_force

12.1-20-25. Sexual offender presence near schools prohibited

1. Except for purposes of voting in a school building used as a public polling place or

attending an open meeting under chapter 44-04 in a school building, a sexual offender,

as defined in section 12.1-32-15, who has pled guilty or been found guilty of or has

been adjudicated delinquent of a class A misdemeanor or felony sexual offense

against a minor or is required to register under section 12.1-32-15 or equivalent law of

another state may not knowingly enter upon the real property comprising a public or

nonpublic elementary, middle, or high school unless provided by this section or

allowed on school property through compliance with a written policy adopted by the

school board of a public school or governing body of a nonpublic school. The school

board or governing body shall provide a copy of the policy to local law enforcement

upon request.

2. If a school board or a governing body does not have a written policy on sexual

offenders on school property, subsection 1 does not apply under the following

circumstances:

a. The offender is a parent or guardian of a student attending the school and the

offender, with the written permission of the school board or governing body of the

school, or designee of the board or body, is attending a conference at the school

with school personnel to discuss the progress of the student academically or

socially, participating in a child review conference in which evaluation and

placement decisions may be made regarding special education services, or

attending a conference to discuss other student issues, including retention and

promotion.

b. The offender is a parent, guardian, or relative of a student attending or

participating in a function at the school and the offender has requested advance

permission from the school board or governing body, or designee of the board or

body, and received permission allowing the offender's presence at the school

function.

c. The offender is a student at the school with the written permission of the school

board or governing body, or designee of the board or body.

d. The school board or governing body, or designee of the board or body, allows the

offender on school property under other circumstances on a case-by-case basis.

3. An individual who violates this section is guilty of a class A misdemeanor.
N.D. Cent. Code § 12.1-18-03 — ND Code / Title 12.1 / Chapter 12.1-18 / Section 12.1-18-03
12.1-18-03. Unlawful imprisonment
Status: in_force

12.1-18-03. Unlawful imprisonment

1. A person is guilty of a class A misdemeanor if he knowingly subjects another to

unlawful restraint.

2. It is a defense to a prosecution under this section that the actor is a parent or person in

equivalent relation to the person restrained and that the person restrained is a minor.
N.D. Cent. Code § 12.1-25-02 — ND Code / Title 12.1 / Chapter 12.1-25 / Section 12.1-25-02
12.1-25-02. Arming rioters
Status: in_force

12.1-25-02. Arming rioters

1. A person is guilty of a class B felony if the person:

a. Knowingly supplies a firearm, dangerous weapon, or destructive device for use in

a riot;

b. Teaches another to prepare or use a firearm, dangerous weapon, or destructive

device with intent that any such thing be used in a riot; or

c. While engaging in a riot, is knowingly armed with a firearm, dangerous weapon,

or destructive device.

2. "Riot" has the meaning prescribed in section 12.1-25-01.
N.D. Cent. Code § 12.1-17.1-02 — ND Code / Title 12.1 / Chapter 12.1-17.1 / Section 12.1-17.1-02
12.1-17.1-02. Murder of an unborn child
Status: in_force

12.1-17.1-02. Murder of an unborn child

1. A person is guilty of murder of an unborn child, a class AA felony, if the person:

a. Intentionally or knowingly causes the death of an unborn child;

b. Causes the death of an unborn child under circumstances manifesting extreme

indifference to the value of the life of the unborn child or the pregnant woman; or

c. Acting either alone or with one or more other persons, commits or attempts to

commit treason, robbery, burglary, kidnapping, felonious restraint, arson, gross

sexual imposition, or escape and, in the course of and in furtherance of such

crime or of immediate flight therefrom, the person, or another participant, if any,

causes the death of an unborn child; except that in any prosecution under this

subsection in which the defendant was not the only participant in the underlying

crime, it is an affirmative defense that the defendant:

(1) Did not commit the homicidal act or in any way solicit, command, induce,

procure, counsel, or aid the commission thereof;

(2) Was not armed with a firearm, destructive device, dangerous weapon, or

other weapon that under the circumstances indicated a readiness to inflict

serious bodily injury;

(3) Reasonably believed that no other participant was armed with such a

weapon; and

(4) Reasonably believed that no other participant intended to engage in conduct

likely to result in death or serious bodily injury.

Subdivisions a and b are inapplicable in the circumstances covered by subsection 2.

2. A person is guilty of murder of an unborn child, a class A felony, if the person causes

the death of an unborn child under circumstances which would be class AA murder,

except that the person causes the death of the unborn child under the influence of

extreme emotional disturbance for which there is reasonable excuse. The

reasonableness of the excuse must be determined from the viewpoint of a person in

the person's situation under the circumstances as the person believes them to be. An

extreme emotional disturbance is excusable, within the meaning of this subsection

only, if it is occasioned by substantial provocation or a serious event or situation for

which the offender was not culpably responsible.
N.D. Cent. Code § 12.1-12-08 — ND Code / Title 12.1 / Chapter 12.1-12 / Section 12.1-12-08
12.1-12-08. Commercial bribery
Status: in_force

12.1-12-08. Commercial bribery

1. A person is guilty of a class C felony if he:

a. Confers, agrees, or offers to confer any benefit upon an employee or agent

without the consent of the latter's employer or principal, with intent to influence

his conduct in relation to his employer's or principal's affairs; or

b. Confers, agrees, or offers to confer any benefit upon any fiduciary without the

consent of the beneficiary, with intent to influence the fiduciary to act or conduct

himself contrary to his fiduciary obligation.

2. A person is guilty of a class C felony if he knowingly solicits, accepts, or agrees to

accept any benefit, the giving of which is prohibited under subsection 1.
N.D. Cent. Code § 12.1-04.1-18 — ND Code / Title 12.1 / Chapter 12.1-04.1 / Section 12.1-04.1-18
12.1-04.1-18. Form of verdict or finding
Status: in_force

12.1-04.1-18. Form of verdict or finding

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

1. In a unitary trial, the trier of fact must first determine whether the prosecuting attorney

has proven that the defendant committed the crime charged. In a bifurcated trial, the

trier of fact must first determine whether the prosecuting attorney has proven that the

defendant committed the crime charged and, if so, whether the defendant is criminally

responsible. Each determination must be made at the conclusion of the phase of the

trial at which the respective issue is tried. If the trier of fact concludes that the

prosecuting attorney failed to prove that the defendant committed the crime charged,

the appropriate verdict or finding is "not guilty".

2. If the trier of fact determines that the defendant committed the crime charged and the

defendant was criminally responsible for that crime, the appropriate verdict or finding is

"guilty".

3. If the trier of fact determines that the defendant committed the crime charged, but was

not criminally responsible for that crime, the appropriate verdict or finding is a

statement that the defendant committed the crime charged but that the defendant is

"not guilty by reason of lack of criminal responsibility".
N.D. Cent. Code § 12.1-08-03 — ND Code / Title 12.1 / Chapter 12.1-08 / Section 12.1-08-03
12.1-08-03. Hindering law enforcement
Status: in_force

12.1-08-03. Hindering law enforcement

1. A person is guilty of hindering law enforcement if he intentionally interferes with,

hinders, delays, or prevents the discovery, apprehension, prosecution, conviction, or

punishment of another for an offense by:

a. Harboring or concealing the other;

b. Providing the other with a weapon, money, transportation, disguise, or other

means of avoiding discovery or apprehension;

c. Concealing, altering, mutilating, or destroying a document or thing, regardless of

its admissibility in evidence;

d. Warning the other of impending discovery or apprehension other than in

connection with an effort to bring another into compliance with the law; or

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

such information or report to be false.

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

a. Knows of the conduct of the other and such conduct constitutes a class AA,

class A, or class B felony; or

b. Knows that the other has been charged with or convicted of a crime and such

crime is a class AA, class A, or class B felony.

Otherwise hindering law enforcement is a class A misdemeanor.

3. A person who commits the crime of hindering law enforcement is subject to

prosecution in this state if the conduct interferes with or hinders an investigation of a

crime occurring within this state. The venue of a criminal action involving the crime of

hindering law enforcement is in any county in which the conduct of hindering is

committed or in any county in which a criminal offense is being investigated which is

hindered by the false information or other interfering conduct.
N.D. Cent. Code § 12.1-17-14 — ND Code / Title 12.1 / Chapter 12.1-17 / Section 12.1-17-14
12.1-17-14. Forced or coerced abortion - Penalty
Status: in_force

12.1-17-14. Forced or coerced abortion - Penalty

1. As used in this section:

a. "Abortion" means the act of using or prescribing any instrument, medicine, drug,

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

diagnosable intrauterine pregnancy of a woman, including the elimination of one

or more unborn children in a multifetal pregnancy, with knowledge the termination

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

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

(1) Save the life or preserve the health of the unborn child;

(2) Remove a dead unborn child caused by spontaneous abortion; or

(3) Treat a woman for an ectopic pregnancy.

b. "Force or coerce" means committing, attempting to commit, or threatening to

commit physical harm to a woman, the unborn child, or another individual

intended to compel the woman to have an abortion performed against her will.

c. "Threat" means at least one statement, or a course of conduct by the individual,

which places a woman in reasonable apprehension that the individual will follow

through with the statement or act as implied by the individual's course of conduct.

The term does not include constitutionally protected speech or any generalized

statement regarding a lawful pregnancy option.

2. It is a class C felony to force or coerce a woman to have an abortion against her will.

3. Upon the request of the victim, a law enforcement agency investigating a violation of

this section shall notify the victim not less than twenty-four hours before initially

contacting the individual alleged to have committed a violation of this section.
N.D. Cent. Code § 12.1-06.2-03 — ND Code / Title 12.1 / Chapter 12.1-06.2 / Section 12.1-06.2-03
12.1-06.2-03. Encouraging minors to participate in criminal street gang - Penalty
Status: in_force

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

1. Any person eighteen years of age or older who knowingly or willfully causes, aids,

abets, encourages, solicits, or recruits a person under the age of eighteen years to

participate in a criminal street gang is upon conviction guilty of a class C felony.

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

of law.
N.D. Cent. Code § 12.1-27.2-06 — ND Code / Title 12.1 / Chapter 12.1-27.2 / Section 12.1-27.2-06
12.1-27.2-06. Proof of age of minor
Status: in_force

12.1-27.2-06. Proof of age of minor

When it becomes necessary under this chapter to determine whether a minor participated in

a sexual performance, the trier of fact may base its determination on personal inspection of the

minor, inspection of a photograph or motion picture of the sexual performance, testimony by a

witness to the sexual performance as to the age of the minor based upon the minor's

appearance, expert testimony based upon the appearance of the minor in the sexual

performance, or any other method authorized by law or by rule.
N.D. Cent. Code § 12.1-35-05.2 — ND Code / Title 12.1 / Chapter 12.1-35 / Section 12.1-35-05.2
12.1-35-05.2. Confidentiality of testimony
Status: in_force

12.1-35-05.2. Confidentiality of testimony

In any criminal proceeding in which the defendant is charged with a violation of chapter

12.1-20 involving a child, the court, upon the motion of the prosecuting attorney, shall conduct a

hearing to determine whether the testimony of and relating to a child may be closed to the public

in order to protect the child's reputation. In making the determination to close the proceedings,

the court shall consider:

1. The nature and seriousness of the offense;

2. The age of the child;

3. The extent to which the size of the community would preclude the anonymity of the

victim;

4. The likelihood of public opprobrium due to the status of the victim;

5. Whether the prosecution has demonstrated a substantial probability that the identity of

the witness would otherwise be disclosed to the public during the proceeding and that

the disclosure would cause serious harm to the witness;

6. Whether the witness has disclosed information concerning the case to the public

through press conferences, public meetings, or other means; and

7. Any other factor the court may find necessary to protect the interests of justice.
N.D. Cent. Code § 12.1-41-09 — ND Code / Title 12.1 / Chapter 12.1-41 / Section 12.1-41-09
12.1-41-09. Restitution
Status: in_force

12.1-41-09. Restitution

1. The court shall order a person convicted of an offense under section 12.1-41-02,

12.1-41-03, or 12.1-41-04 to pay restitution to the victim of the offense for:

a. Expenses incurred or reasonably certain to be incurred by the victim as a result of

the offense, including reasonable attorney's fees and costs; and

b. An amount equal to the greatest of the following, with no reduction for expenses

the defendant incurred to maintain the victim:

(1) The gross income to the defendant for, or the value to the defendant of, the

victim's labor or services or sexual activity;

(2) The amount the defendant contracted to pay the victim; or

(3) The value of the victim's labor or services or sexual activity, calculated under

the minimum wage and overtime provisions of the Fair Labor Standards Act,

[29 U.S.C. 201 et seq.] or section 34-06-22, whichever is higher, even if the

provisions do not apply to the victim's labor or services or sexual activity.

2. The court shall order restitution under subsection 1 even if the victim is unavailable to

accept payment of restitution.

3. If the victim does not claim restitution ordered under subsection 1 for five years after

entry of the order, the restitution must be paid to the crime victims restitution and gift

fund under section 54-23.4-05.
N.D. Cent. Code § 12.1-23-11 — ND Code / Title 12.1 / Chapter 12.1-23 / Section 12.1-23-11
12.1-23-11. Unauthorized use of personal identifying information - Penalty
Status: in_force

12.1-23-11. Unauthorized use of personal identifying information - Penalty

1. As used in this section, "personal identifying information" means any of the following

information:

a. An individual's name;

b. An individual's address;

c. An individual's telephone number;

d. The operator's license information assigned to an individual by the department of

transportation under section 39-06-14;

e. An individual's social security number;

f. An individual's employer or place of employment;

g. An identification number assigned to the individual by the individual's employer;

h. The maiden name of the individual's mother;

i. An individual's financial institution account number, credit card number, or debit

card number;

j. An individual's birth, death, or marriage certificate;

k. An individual's health insurance policy number or subscriber identification number

or any unique identifier used by a health insurer to identify the individual;

l. The nondriver color photo identification card information assigned to the

individual by the department of transportation under section 39-06-03.1;

m. An individual's digitized or other electronic signature;

n. An individual's photograph or computerized image;

o. An individual's electronic mail address;

p. An individual's username and password of any digital service or computer

system;

q. An individual's payment card information;

r. An individual's biometric data; or

s. Any other numbers, documents, or information that can be used to access

another person's financial records.

2. An individual is guilty of an offense if the individual obtains or attempts to obtain,

transfers, records, or uses or attempts to use any personal identifying information of

another individual, living or deceased, to obtain credit, money, goods, services, or

anything else of value without the authorization or consent of the other individual. The

offense is a class B felony if the credit, money, goods, services, or anything else of

value exceeds one thousand dollars in value, otherwise the offense is a class C felony.

A second or subsequent offense is a class A felony.

3. A person is guilty of an offense if the person uses or attempts to use any personal

identifying information of an individual, living or deceased, without the authorization or

consent of the individual, in order to interfere with or initiate a contract or service for a

person other than that individual, to obtain or continue employment, to gain access to

personal identifying information of another individual, or to commit an offense in

violation of the laws of this state, regardless of whether there is any actual economic

loss to the individual. A first offense under this subsection is a class A misdemeanor. A

second or subsequent offense under this subsection is a class C felony.

4. A violation of this section, of a law of another state, or of federal law that is equivalent

to this section and which resulted in a plea or finding of guilt must be considered a

prior offense. The prior offense must be alleged in the complaint, information, or

indictment. The plea or finding of guilt for the prior offense must have occurred before

the date of the commission of the offense or offenses charged in the complaint,

information, or indictment.

5. A prosecution for a violation of this section must be commenced within six years after

discovery by the victim of the offense of the facts constituting the violation.

6. When a person commits violations of this section in more than one county involving

either one or more victims or the commission of acts constituting an element of the

offense, the multiple offenses may be consolidated for commencement of prosecution

in any county where one of the offenses was committed.
N.D. Cent. Code § 12.1-04.1-04 — ND Code / Title 12.1 / Chapter 12.1-04.1 / Section 12.1-04.1-04
12.1-04.1-04. Notice regarding expert testimony on lack of state of mind as element of alleged offense
Status: in_force

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

alleged offense.

1. If the defendant intends to introduce at trial evidence obtained from examination of the

defendant by a tier 1a mental health professional after the time of the alleged offense

to show the defendant lacked the state of mind required for the alleged offense, the

defendant shall notify the prosecuting attorney in writing and file a copy of the notice

with the court.

2. The defendant shall file the notice within the time prescribed for pretrial motions or at

such earlier or later time as the court directs. For cause shown, the court may allow

late filing of the notice and grant additional time to the parties to prepare for trial or

may make other appropriate orders.
N.D. Cent. Code § 12.1-31-15 — ND Code / Title 12.1 / Chapter 12.1-31 / Section 12.1-31-15
12.1-31-15. Wearing of masks during commission of criminal offense prohibited
Status: in_force

12.1-31-15. Wearing of masks during commission of criminal offense prohibited

1. An individual may not wear a mask, hood, or other device that covers, hides, or

conceals any portion of that individual's face:

a. With the intent to intimidate, threaten, abuse, or harass any other individual;

b. For the purpose of evading or escaping discovery, recognition, or identification

during the commission of a criminal offense;

c. For the purpose of concealment, flight, or escape when the individual has been

charged with, arrested for, or convicted of a criminal offense; or

d. With the intent to conceal the identity of the individual while congregating in a

public place with other individuals wearing a mask, hood, or other device that

covers, hides, or conceals any portion of the individual's face.

2. Subdivision d of subsection 1 does not apply to public gatherings to celebrate

Halloween, a masquerade, or other similar celebration.

3. A violation of this section is a class A misdemeanor.
N.D. Cent. Code § 12.1-06.1-02 — ND Code / Title 12.1 / Chapter 12.1-06.1 / Section 12.1-06.1-02
12.1-06.1-02. Leading a criminal association - Classification
Status: in_force

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

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

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

association.

b. Knowingly inciting or inducing others to engage in violence or intimidation to

promote or further the criminal objectives of a criminal association.

c. Willfully furnishing advice, assistance, or direction in the conduct, financing, or

management of a criminal association's affairs with the intent to promote or

further the criminal objectives of a criminal association.

d. Intentionally promoting or furthering the criminal objectives of a criminal

association by inducing or committing any act or omission by a public servant in

violation of official duty.

2. No person shall be convicted pursuant to this section on the basis of accountability as

an accomplice unless that person aids or participates in violating this section in one of

the ways specified.

3. Leading a criminal association is a class B felony.
N.D. Cent. Code § 12.1-20-19 — ND Code / Title 12.1 / Chapter 12.1-20 / Section 12.1-20-19
12.1-20-19. Release of sexual offender from place of confinement - Duties of official in charge
Status: repealed

12.1-20-19. Release of sexual offender from place of confinement - Duties of official in

charge.

Repealed by S.L. 1993, ch. 129, § 5.
N.D. Cent. Code § 12.1-23-08.2 — ND Code / Title 12.1 / Chapter 12.1-23 / Section 12.1-23-08.2
12.1-23-08.2. Possession of altered property
Status: in_force

12.1-23-08.2. Possession of altered property

1. A person is guilty of the offense of possession of altered property if he possesses

property the identifying features of which, including serial numbers or labels, have

been removed or in any fashion altered, knowing the serial number or identification

mark placed on the same by the manufacturer or owner for the purpose of

identification, has been erased, altered, changed, or removed for the purpose of

changing the identity of such personal property.

2. A person who commits the offense of possession of altered property or its component

parts which exceed one hundred dollars in value, shall be guilty of a class A

misdemeanor. In the event that more than one item of personal property is defaced,

erased, or otherwise altered or unlawfully possessed, as specified in sections

12.1-23-08.2 and 12.1-23-08.3, by an individual, then an offense is determined to be

committed under this section if the aggregate of the value of the property so defaced,

erased, or otherwise altered or unlawfully possessed is in excess of one hundred

dollars.
N.D. Cent. Code § 12.1-06.1-01 — ND Code / Title 12.1 / Chapter 12.1-06.1 / Section 12.1-06.1-01
12.1-06.1-01. Definitions
Status: in_force

12.1-06.1-01. Definitions

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

a. "Combination" means persons who collaborate in carrying on or furthering the

activities or purposes of a criminal association even though those persons may

not know each other's identity or membership in the combination may change

from time to time or one or more members may stand in a wholesaler-retailer or

other arm's-length relationship with others as to activities or dealings between or

among themselves in an illicit operation.

b. "Criminal association" means any combination of persons or enterprises

engaging, or having the purpose of engaging, on a continuing basis in conduct

which violates any one or more provisions of any felony statute of this state or

which is the willful and illegal transportation or disposal of radioactive waste

material or hazardous waste.

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

otherwise requires:

a. "Control" means the possession of a sufficient interest to permit substantial

direction over the affairs of an enterprise.

b. "Enterprise" means any corporation, limited liability company, association, labor

union, or other legal entity or any group of persons associated in fact although not

a legal entity.

c. "Financial institution" means any bank, trust company, savings and loan

association, credit union, or moneylender under the jurisdiction of the state

department of financial institutions or its commissioner, or the state banking

board, or the state credit union board.

d. "Illegal transportation or disposal of radioactive waste material or hazardous

waste" means the transportation or disposal into a nonhazardous waste landfill or

the intentional and unlawful dumping into or on any land or water of radioactive

waste material in violation of chapter 38-23 or the rules adopted pursuant to that

chapter, or hazardous waste in willful violation of chapter 23.1-04 or the rules

adopted pursuant to that chapter.

e. "Pattern of racketeering activity" requires at least two acts of racketeering activity,

one of which occurred after July 8, 1987, and the last of which occurred within ten

years, excluding any period of imprisonment, after the commission of a prior act

of racketeering activity.

f. "Racketeering" means any act including any criminal attempt, facilitation,

solicitation, or conspiracy, committed for financial gain, which is chargeable or

indictable under the laws of the state in which the act occurred and, if the act

occurred in a state other than this state, would be chargeable or indictable under

the laws of this state had the act occurred in this state and punishable by

imprisonment for more than one year, regardless of whether such act is charged

or indicted, involving:

(1) Homicide.

(2) Robbery.

(3) Kidnapping.

(4) Forgery.

(5) Theft.

(6) Bribery.

(7) Gambling.

(8) Usury.

(9) Extortion.

(10) Unlawful delivery of controlled substances.

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

(12) Leading a criminal association.

(13) Obstructing or hindering criminal investigations or prosecutions.

(14) Asserting false claims including, but not limited to, false claims asserted

through fraud or arson.

(15) Fraud.

(16) Sale of unregistered securities or real property securities and transactions

involving such securities by unregistered dealers or salesmen.

(17) Obscenity.

(18) Child pornography.

(19) Prostitution.

(20) Human trafficking.

g. "Records" means any book, paper, writing, record, computer program, or other

material.

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

a. "Access" means to approach, instruct, communicate with, store data in, retrieve

data from, or otherwise make use of any resources of a computer, computer

system, or computer network.

b. "Computer" means an electronic device which performs work using programmed

instruction and which has one or more of the capabilities of storage, logic,

arithmetic, communication, or memory and includes all input, output, processing,

storage, software, or communication facilities that are connected or related to

such a device in a system or network.

c. "Computer network" means the interconnection of communication lines, including

microwave, fiber optics, light beams, or other means of electronic or optic data

communication, with a computer through remote terminals or a complex

consisting of two or more interconnected computers.

d. "Computer program" means a series of instructions or statements, in a form

acceptable to a computer, which permits the functioning of a computer system in

a manner designed to provide appropriate products from such computer system.

e. "Computer software" means a set of computer programs, procedures, and

associated documentation concerned with the operation of a computer system.

f. "Computer system" means a set of related, connected, or unconnected computer

equipment, devices, and software.

g. "Financial instrument" means any credit card, debit card, or electronic fund

transfer card, code, or other means of access to an account for the purpose of

initiating electronic fund transfers, or any check, draft, money order, certificate of

deposit, letter of credit, bill of exchange, marketable security, or any other written

instrument which is transferable for value.

h. "Property" includes financial instruments, information, electronically produced or

stored data, supporting documentation, computer software, and computer

programs in either machine or human readable form, and any other tangible or

intangible item of value.

i. "Services" includes computer time, data processing, storage functions, and other

uses of a computer, computer system, or computer network to perform useful

work.
N.D. Cent. Code § 12.1-20-12.3 — ND Code / Title 12.1 / Chapter 12.1-20 / Section 12.1-20-12.3
12.1-20-12.3. Sexual extortion
Status: in_force

12.1-20-12.3. Sexual extortion

1. An individual commits the offense of sexual extortion if the individual:

a. With an intent to coerce a victim to engage in sexual contact, in sexually explicit

conduct, or in simulated sexually explicit conduct, or to produce, provide, or

distribute an image, video, or other recording of any individual engaged in

sexually explicit conduct or any intimate image of an individual, or a demand for

money, communicates in person or by electronic means:

(1) A threat to the victim's or another's person, property, or reputation; or

(2) A threat to distribute or an enticement to delete an intimate image or video

of the victim or another.

b. Knowingly causes a victim to engage in sexual contact, in sexually explicit

conduct, or in simulated sexually explicit conduct, or to produce, provide, or

distribute any image, video, or other recording of any individual engaged in

sexually explicit conduct or any intimate image of an individual, or a demand for

money, by means of:

(1) A threat to the victim's or another's person, property, or reputation; or

(2) A threat to distribute or an enticement to delete an intimate image or video

of the victim or another.

2. The offense is:

a. A class B felony if the actor's conduct violates subdivision b of subsection 1 and

the victim is a minor or vulnerable adult, otherwise a class A misdemeanor.

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

subsection 1.

3. For purposes of this section:

a. "Intimate image" has the meaning provided in subsection 1 of section

12.1-17-07.2.

b. "Sexual contact" has the meaning provided in section 12.1-20-02.

c. "Sexually explicit conduct" has the meaning provided in subsection 1 of section

12.1-17-07.2.

d. "Simulated sexually explicit conduct" has the meaning provided in subsection 1 of

section 12.1-17-07.2.
N.D. Cent. Code § 12.1-20-12.2 — ND Code / Title 12.1 / Chapter 12.1-20 / Section 12.1-20-12.2
12.1-20-12.2. Surreptitious intrusion
Status: in_force

12.1-20-12.2. Surreptitious intrusion

1. An individual, with the intent to arouse, appeal to, or gratify that individual's lust,

passions, or sexual desires, is guilty of a class A misdemeanor if that individual does

any of the following:

a. With intent to intrude upon or interfere with the privacy of another, enters upon

another's property and surreptitiously gazes, stares, or peeps into a house or

place of dwelling of another.

b. With intent to intrude upon or interfere with the privacy of another, enters upon

another's property and surreptitiously installs or uses any device for observing,

photographing, recording, amplifying, or broadcasting sounds or events from a

house or place of dwelling of another.

c. With intent to intrude upon or interfere with the privacy of the occupant,

surreptitiously gazes, stares, or peeps into a tanning booth, a sleeping room in a

hotel, or other place where a reasonable individual would have an expectation of

privacy and has exposed or is likely to expose that individual's intimate parts or

has removed the clothing covering the immediate area of the intimate parts.

d. With intent to intrude upon or interfere with the privacy of the occupant,

surreptitiously installs or uses any device for observing, photographing, recording,

amplifying, or broadcasting sounds or events from a tanning booth, a sleeping

room in a hotel, or other place where a reasonable individual would have an

expectation of privacy and has exposed or is likely to expose that individual's

intimate parts or has removed the clothing covering the immediate area of the

intimate parts.

2. A person is guilty of a class C felony if the person violates subsection 1 after a

previous conviction for violating subsection 1, after a previous conviction for violating

section 12.1-20-12.1, after being required to register under section 12.1-32-15, or if the

victim is a minor.
N.D. Cent. Code § 12.1-23-04 — ND Code / Title 12.1 / Chapter 12.1-23 / Section 12.1-23-04
12.1-23-04. Theft of property lost, mislaid, or delivered by mistake
Status: in_force

12.1-23-04. Theft of property lost, mislaid, or delivered by mistake

A person is guilty of theft if he:

1. Retains or disposes of property of another when he knows it has been lost or mislaid;

or

2. Retains or disposes of property of another when he knows it has been delivered under

a mistake as to the identity of the recipient or as to the nature or amount of the

property,

and with intent to deprive the owner of it, he fails to take readily available and reasonable

measures to restore the property to a person entitled to have it.
N.D. Cent. Code § 12.1-21-08 — ND Code / Title 12.1 / Chapter 12.1-21 / Section 12.1-21-08
12.1-21-08. Definitions
Status: in_force

12.1-21-08. Definitions

In this chapter:

1. "Inhabited structure" means a structure or vehicle:

a. Where any person lives or carries on business or other calling;

b. Where people assemble for purposes of business, government, education,

religion, entertainment, or public transportation; or

c. Which is used for overnight accommodation of persons.

Any structure or vehicle is deemed to be "inhabited" regardless of whether a person is

actually present. If a building or structure is divided into separately inhabited units, any

unit which is property of another constitutes an inhabited structure of another.

2. Property is that "of another" if anyone other than the actor has a possessory or

proprietary interest therein.

3. "Vital public facility" includes a facility maintained for use as a bridge (whether over

land or water), dam, tunnel, wharf, communications installation, or power station.
N.D. Cent. Code § 12.1-41-15 — ND Code / Title 12.1 / Chapter 12.1-41 / Section 12.1-41-15
12.1-41-15. Civil action
Status: in_force

12.1-41-15. Civil action

1. A victim may bring a civil action against a person that commits an offense against the

victim under section 12.1-41-02, 12.1-41-03, or 12.1-41-04 for compensatory

damages, exemplary or punitive damages, injunctive relief, and any other appropriate

relief.

2. If a victim prevails in an action under this section, the court shall award the victim

reasonable attorney's fees and costs.

3. An action under this section must be commenced not later than ten years after the

later of the date on which the victim:

a. No longer was subject to human trafficking; or

b. Attained eighteen years of age.

4. Damages awarded to a victim under this section for an item must be offset by any

restitution paid to the victim pursuant to section 12.1-41-09 for the same item.

5. This section does not preclude any other remedy available to a victim under federal

law or law of this state other than this chapter.
N.D. Cent. Code § 12.1-05-04 — ND Code / Title 12.1 / Chapter 12.1-05 / Section 12.1-05-04
12.1-05-04. Defense of others
Status: in_force

12.1-05-04. Defense of others

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

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

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

right of self-defense.
N.D. Cent. Code § 12.1-23-06 — ND Code / Title 12.1 / Chapter 12.1-23 / Section 12.1-23-06
12.1-23-06. Unauthorized use of a vehicle
Status: in_force

12.1-23-06. Unauthorized use of a vehicle

1. A person is guilty of an offense if, knowing that the person does not have the consent

of the owner, the person takes, operates, or exercises control over an automobile,

train, aircraft, motorcycle, motorboat, or other motor-propelled vehicle of another.

2. It is a defense to a prosecution under this section that the actor reasonably believed

that the owner would have consented had the owner known of the conduct on which

the prosecution was based.

3. The offense is a class C felony if the vehicle is an aircraft or if the value of the use of

the vehicle and the cost of retrieval and restoration exceeds one thousand dollars.

Otherwise the offense is a class A misdemeanor.
N.D. Cent. Code § 12.1-27.1-07 — ND Code / Title 12.1 / Chapter 12.1-27.1 / Section 12.1-27.1-07
12.1-27.1-07. Procedures - Expanded district court - Appeal
Status: repealed

12.1-27.1-07. Procedures - Expanded district court - Appeal

Repealed by S.L. 1981, ch. 157, § 1.
N.D. Cent. Code § 12.1-17.1-05 — ND Code / Title 12.1 / Chapter 12.1-17.1 / Section 12.1-17.1-05
12.1-17.1-05. Aggravated assault of an unborn child
Status: in_force

12.1-17.1-05. Aggravated assault of an unborn child

A person is guilty of assault of an unborn child, a class C felony, if that person willfully

assaults a pregnant woman and inflicts serious bodily injury on an unborn child.
N.D. Cent. Code § 12.1-03-02 — ND Code / Title 12.1 / Chapter 12.1-03 / Section 12.1-03-02
12.1-03-02. Corporate and limited liability company criminal responsibility
Status: in_force

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

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

a. Any offense committed by an agent of the corporation or limited liability company

within the scope of the agent's employment on the basis of conduct authorized,

requested, or commanded, by any of the following or a combination of them:

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

(2) An executive officer, executive manager, or any other agent in a position of

comparable authority with respect to the formulation of policy or the

supervision in a managerial capacity of subordinate employees.

(3) Any person, whether or not an officer of the corporation, who controls the

corporation or is responsibly involved in forming its policy.

(4) Any person, whether or not a manager of the limited liability company, who

controls the limited liability company or is responsibly involved in forming its

policy.

(5) Any other person for whose act or omission the statute defining the offense

provides corporate or limited liability company responsibility for offenses.

b. Any offense consisting of an omission to discharge a specific duty of affirmative

conduct imposed on a corporation or a limited liability company by law.

c. Any misdemeanor committed by an agent of the corporation or the limited liability

company within the scope of the agent's employment.

d. Any offense for which an individual may be convicted without proof of culpability,

committed by an agent of the corporation or the limited liability company within

the scope of the agent's employment.

2. It is no defense that an individual upon whose conduct liability of the corporation or the

limited liability company for an offense is based has been acquitted, has not been

prosecuted or convicted, has been convicted of a different offense, is immune from

prosecution, or is otherwise not subject to justice.
N.D. Cent. Code § 12.1-17.1-06 — ND Code / Title 12.1 / Chapter 12.1-17.1 / Section 12.1-17.1-06
12.1-17.1-06. Assault of an unborn child
Status: in_force

12.1-17.1-06. Assault of an unborn child

A person is guilty of assault of an unborn child, a class A misdemeanor, if the person willfully

assaults a pregnant woman and inflicts bodily injury on an unborn child.
N.D. Cent. Code § 12.1-32-03 — ND Code / Title 12.1 / Chapter 12.1-32 / Section 12.1-32-03
12.1-32-03. Special sanction for organizations
Status: in_force

12.1-32-03. Special sanction for organizations

When an organization is convicted of an offense, the court may, in addition to any other

sentence which may be imposed, require the organization to give notice of its conviction to the

persons or class of persons ostensibly harmed by the offense, by mail or by advertising in

designated areas or by designated media or otherwise.
N.D. Cent. Code § 12.1-06-02 — ND Code / Title 12.1 / Chapter 12.1-06 / Section 12.1-06-02
12.1-06-02. Criminal facilitation
Status: in_force

12.1-06-02. Criminal facilitation

1. A person is guilty of criminal facilitation if he knowingly provides substantial assistance

to a person intending to commit a felony and that person, in fact, commits the crime

contemplated, or a like or related felony, employing the assistance so provided. The

ready lawful availability from others of the goods or services provided by a defendant

is a factor to be considered in determining whether or not his assistance was

substantial. This section does not apply to a person who is either expressly or by

implication made not accountable by the statute defining the felony facilitated or

related statutes.

2. Except as otherwise provided, it is no defense to a prosecution under this section that

the person whose conduct the defendant facilitated has been acquitted, has not been

prosecuted or convicted, has been convicted of a different offense, is immune from

prosecution, or is otherwise not subject to justice.

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

felony is a class A misdemeanor.
N.D. Cent. Code § 12.1-16-08 — ND Code / Title 12.1 / Chapter 12.1-16 / Section 12.1-16-08
12.1-16-08. Suspension or revocation of license of health care provider
Status: in_force

12.1-16-08. Suspension or revocation of license of health care provider

If the person who assists in a suicide in violation of section 12.1-16-04 is a person who is

licensed, certified, or otherwise authorized by title 43 to administer health care in the ordinary

course of business or professional practice, the licensing agency that issued the license or

certification to that person may suspend or revoke the license or certification of that person

upon receipt of:

1. A copy of the record of criminal conviction or plea of guilty to a felony in violation of

section 12.1-16-04;

2. A copy of the record of a judgment of contempt of court for violating an injunction

issued under section 12.1-16-05; or

3. A copy of the record of a judgment assessing damages under section 12.1-16-07.
N.D. Cent. Code § 12.1-33-03 — ND Code / Title 12.1 / Chapter 12.1-33 / Section 12.1-33-03
12.1-33-03. Certificate of discharge
Status: in_force

12.1-33-03. Certificate of discharge

1. If the sentence were in this state, the sentence shall state that the defendant's rights to

vote and to hold any future public office are not lost except during the term of any

actual incarceration and that he suffers no other disability by virtue of his conviction

and sentence except as otherwise provided in such sentence or by law.

2. If the sentence were in another state or in a federal court, the convicted person shall

lose the rights to vote and to hold public office only during the term of actual

incarceration. Any person who has been sentenced in another state or in a federal

court to a term of imprisonment and who is present in this state shall be presumed to

have had such rights restored.

3. If another state having a similar statute issues its certificate of discharge to a convicted

person stating that the defendant's rights have been restored, the rights of which he

was deprived in this state, under section 12.1-33-01, are restored to him in this state.
N.D. Cent. Code § 12.1-03-03 — ND Code / Title 12.1 / Chapter 12.1-03 / Section 12.1-03-03
12.1-03-03. Individual accountability for conduct on behalf of organizations
Status: in_force

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

1. A person is legally accountable for any conduct he performs or causes to be

performed in the name of an organization or in its behalf to the same extent as if the

conduct were performed in his own name or his behalf.

2. Except as otherwise expressly provided, whenever a duty to act is imposed upon an

organization by a statute or regulation thereunder, any agent of the organization

having primary responsibility for the subject matter of the duty is legally accountable

for an omission to perform the required act to the same extent as if the duty were

imposed directly upon himself.

3. When an individual is convicted of an offense as an accomplice of an organization, he

is subject to the sentence authorized when a natural person is convicted of that

offense.
N.D. Cent. Code § 12.1-32-04.1 — ND Code / Title 12.1 / Chapter 12.1-32 / Section 12.1-32-04.1
12.1-32-04.1. Gross sexual imposition - Deferred imposition of sentence
Status: in_force

12.1-32-04.1. Gross sexual imposition - Deferred imposition of sentence

A person who violates subdivision d of subsection 1 or subdivision a of subsection 2 of

section 12.1-20-03 may not receive a deferred imposition of sentence unless that person proves

at sentencing by clear and convincing evidence that that person reasonably believed the victim

to be fifteen years of age or older.
N.D. Cent. Code § 12.1-41-03 — ND Code / Title 12.1 / Chapter 12.1-41 / Section 12.1-41-03
12.1-41-03. Forced labor
Status: in_force

12.1-41-03. Forced labor

1. A person commits the offense of forced labor if the person knowingly uses coercion to

compel an individual to provide labor or services, except when that conduct is

permissible under federal law or law of this state other than this chapter.

2. Forced labor of an individual who is an adult is a class A felony.

3. Forced labor of an individual who is a minor is a class AA felony.
N.D. Cent. Code § 12.1-20-03 — ND Code / Title 12.1 / Chapter 12.1-20 / Section 12.1-20-03
12.1-20-03. Gross sexual imposition - Penalty
Status: in_force

12.1-20-03. Gross sexual imposition - Penalty

1. A person who engages in a sexual act with another, or who causes another to engage

in a sexual act, is guilty of an offense if:

a. That person compels the victim to submit by force or by threat of imminent death,

serious bodily injury, or kidnapping, to be inflicted on any human being;

b. That person or someone with that person's knowledge has substantially impaired

the victim's power to appraise or control the victim's conduct by administering or

employing without the victim's knowledge intoxicants, a controlled substance as

defined in chapter 19-03.1, or other means with intent to prevent resistance;

c. That person knows or has reasonable cause to believe that the victim is unaware

that a sexual act is being committed upon him or her;

d. The victim is less than fifteen years old; or

e. That person knows or has reasonable cause to believe that the other person

suffers from a mental disease or defect which renders him or her incapable of

understanding the nature of his or her conduct.

2. A person who engages in sexual contact with another, or who causes another to

engage in sexual contact, is guilty of an offense if:

a. The victim is less than fifteen years old;

b. That person compels the victim to submit by force or by threat of imminent death,

serious bodily injury, or kidnapping, to be inflicted on any human being; or

c. That person knows or has reasonable cause to believe that the victim is unaware

that sexual contact is being committed on the victim.

3. a. An offense under this section is a class AA felony if in the course of the offense

the actor inflicts serious bodily injury upon the victim, if the actor's conduct

violates subdivision a of subsection 1, or if the actor's conduct violates

subdivision d of subsection 1 and the actor was at least twenty-two years of age

at the time of the offense. For any conviction of a class AA felony under

subdivision a of subsection 1, the court shall impose a minimum sentence of

twenty years' imprisonment, with probation supervision to follow the incarceration.

The court may deviate from the mandatory sentence if the court finds that the

sentence would impose a manifest injustice and the defendant has accepted

responsibility for the crime or cooperated with law enforcement. However, a

defendant convicted of a class AA felony under this section may not be

sentenced to serve less than five years of incarceration.

b. Otherwise the offense is a class A felony.

4. If, as a result of injuries sustained during the course of an offense under this section,

the victim dies, the offense is a class AA felony, for which the maximum penalty of life

imprisonment without parole must be imposed unless the defendant was a juvenile at

the time of the offense.
N.D. Cent. Code § 12.1-16-01 — ND Code / Title 12.1 / Chapter 12.1-16 / Section 12.1-16-01
12.1-16-01. Murder
Status: in_force

12.1-16-01. Murder

1. A person is guilty of murder, a class AA felony, if the person:

a. Intentionally or knowingly causes the death of another human being;

b. Causes the death of another human being under circumstances manifesting

extreme indifference to the value of human life; or

c. Acting either alone or with one or more other persons, commits or attempts to

commit treason, robbery, burglary, kidnapping, felonious restraint, arson, gross

sexual imposition, a felony offense against a child under section 12.1-20-03,

12.1-27.2-02, 12.1-27.2-03, 12.1-27.2-04, or 14-09-22, or escape and, in the

course of and in furtherance of such crime or of immediate flight therefrom, the

person or any other participant in the crime causes the death of any person. In

any prosecution under this subsection in which the defendant was not the only

participant in the underlying crime, it is an affirmative defense that the defendant:

(1) Did not commit the homicidal act or in any way solicit, command, induce,

procure, counsel, or aid the commission thereof;

(2) Was not armed with a firearm, destructive device, dangerous weapon, or

other weapon which under the circumstances indicated a readiness to inflict

serious bodily injury;

(3) Reasonably believed that no other participant was armed with such a

weapon; and

(4) Reasonably believed that no other participant intended to engage in conduct

likely to result in death or serious bodily injury.

Subdivisions a and b are inapplicable in the circumstances covered by subsection 2.

2. A person is guilty of murder, a class A felony, if the person causes the death of another

human being under circumstances which would be class AA felony murder, except that

the person causes the death under the influence of extreme emotional disturbance for

which there is reasonable excuse. The reasonableness of the excuse must be

determined from the viewpoint of a person in that person's situation under the

circumstances as that person believes them to be. An extreme emotional disturbance

is excusable, within the meaning of this subsection only, if it is occasioned by

substantial provocation, or a serious event, or situation for which the offender was not

culpably responsible.
N.D. Cent. Code § 12.1-04.1-05 — ND Code / Title 12.1 / Chapter 12.1-04.1 / Section 12.1-04.1-05
12.1-04.1-05. Examination at request of prosecuting attorney
Status: in_force

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

1. If the defendant has given notice under section 12.1-04.1-03 or 12.1-04.1-04 of intent

to introduce evidence obtained from examination of the defendant by a tier 1a mental

health professional after the time of the alleged offense, the court, upon application by

the prosecuting attorney and after opportunity for response by the defendant, shall

order the defendant be examined by one or more tier 1a mental health professionals

retained by the prosecuting attorney. The court shall include in the order provisions as

to the time, place, and conditions of the examination.

2. If the parties agree to examination of the defendant by a tier 1a mental health

professional retained by the prosecuting attorney without order of the court, sections

12.1-04.1-06, 12.1-04.1-07, 12.1-04.1-08, 12.1-04.1-10, 12.1-04.1-11, 12.1-04.1-12,

12.1-04.1-13, 12.1-04.1-14, and 12.1-04.1-15 apply to that examination.
N.D. Cent. Code § 12.1-23-13 — ND Code / Title 12.1 / Chapter 12.1-23 / Section 12.1-23-13
12.1-23-13. Distribution and use of theft detection shielding devices
Status: in_force

12.1-23-13. Distribution and use of theft detection shielding devices

1. A person is guilty of unlawful distribution of a theft detection shielding device if the

person knowingly manufactures, sells, offers for sale, or distributes any laminated or

coated bag or device peculiar to shielding and intended to shield merchandise from

detection by an electronic or magnetic theft alarm sensor.

2. A person is guilty of unlawful possession of a theft detection shielding device if the

person knowingly possesses any laminated or coated bag or device peculiar to and

designed for shielding and intended to shield merchandise from detection by an

electronic or magnetic theft alarm sensor, with the intent to commit theft.

3. A person is guilty of unlawful possession of a theft detection device deactivator or

remover if the person knowingly possesses any tool or device designed to allow the

deactivation or removal of any theft detection device from any merchandise without the

permission of the merchant or person owning or holding the merchandise.

4. A person is guilty of unlawful deactivation or removal of a theft detection device if the

person intentionally deactivates or removes the device from a product before

purchase.

5. A person is guilty of unlawful distribution of a theft detection device deactivator or

remover if the person knowingly manufactures, sells, offers for sale, or distributes any

tool or device designed to allow the deactivation or removal of a theft detection device

from merchandise without the permission of the merchant or person owning or holding

the merchandise.

6. An offense under subsections 1 and 5 is a class C felony. An offense under

subsections 2, 3, and 4 is a class A misdemeanor.
N.D. Cent. Code § 12.1-01-01 — ND Code / Title 12.1 / Chapter 12.1-01 / Section 12.1-01-01
12.1-01-01. Title - Retroactivity - Application - Contempt power
Status: in_force

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

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

2. This title, except as provided in subsection 3, shall not apply to offenses committed

prior to its effective date. Prosecutions for such offenses shall be governed by prior

law, which is continued in effect for that purpose. For the purposes of this section, an

offense was committed prior to the effective date of this title if any of the elements of

the offense occurred prior thereto.

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

committed prior thereto:

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

consent of the defendant.

b. The court, with the consent of the defendant, may impose sentence under the

provisions of this title which are applicable to the offense and the offender.

4. This section does not affect the power of a court or legislative assembly to punish for

contempt, or to employ any enforcement sanction authorized by law, nor does this

section affect any power conferred by law upon military authority to impose

punishment upon offenders.
N.D. Cent. Code § 12.1-31-04 — ND Code / Title 12.1 / Chapter 12.1-31 / Section 12.1-31-04
12.1-31-04. Manufacture, sale, or delivery of paraphernalia - Definitions - Penalty
Status: repealed

12.1-31-04. Manufacture, sale, or delivery of paraphernalia - Definitions - Penalty

Repealed by S.L. 1981, ch. 160, § 8.
N.D. Cent. Code § 12.1-27.1-08 — ND Code / Title 12.1 / Chapter 12.1-27.1 / Section 12.1-27.1-08
12.1-27.1-08. Judgment - Effect - Notice to constructive defendants - Use in criminal prosecutions
Status: repealed

12.1-27.1-08. Judgment - Effect - Notice to constructive defendants - Use in criminal

prosecutions.

Repealed by S.L. 1981, ch. 157, § 1.
N.D. Cent. Code § 12.1-13-02 — ND Code / Title 12.1 / Chapter 12.1-13 / Section 12.1-13-02
12.1-13-02. Speculating or wagering on official action or information
Status: in_force

12.1-13-02. Speculating or wagering on official action or information

1. An individual is guilty of a class A misdemeanor if during employment as a public

servant, or within one year thereafter, in contemplation of official action by the

individual as a public servant or by a government agency with which the individual is or

has been associated as a public servant, or in reliance on information to which the

individual has or had access only in the individual's capacity as a public servant, the

individual:

a. Acquires a pecuniary interest in any property, transaction, or enterprise which

may be affected by the information or official action;

b. Speculates or wagers on the basis of the information or official action; or

c. Aids another individual to do any of the foregoing.

2. An individual is guilty of a class A misdemeanor if as a public servant the individual

takes official action which is likely to benefit the individual as a result of an acquisition

of a pecuniary interest in any property, transaction, or enterprise, or of a speculation or

wager, which the individual made, or caused or aided another to make, in

contemplation of the official action.

3. An individual is immune from prosecution under this section if:

a. The individual was a member of the legislative assembly at the time the official

action was taken;

b. The official action was a vote on a measure in the senate or house of

representatives or a legislative committee; and

c. The individual adhered to legislative conflict of interest rules requiring an

individual to disclose a personal or private interest to the member's respective

chamber of the legislative assembly, a legislative committee, the president of the

senate, or the speaker of the house.
N.D. Cent. Code § 12.1-31-07.2 — ND Code / Title 12.1 / Chapter 12.1-31 / Section 12.1-31-07.2
12.1-31-07.2. Criminal proceeding involving an eligible adult - Speedy trial
Status: in_force

12.1-31-07.2. Criminal proceeding involving an eligible adult - Speedy trial

In a criminal proceeding in which an eligible adult is a victim, the court and state's attorney

shall take appropriate action to ensure a speedy trial to minimize the length of time the eligible

adult must endure the stress of involvement in the proceedings. In ruling on a motion or other

request for a delay or a continuance of proceedings, the court shall consider and give weight to

any adverse impact the delay or continuance may have on the well-being of the eligible adult.
N.D. Cent. Code § 12.1-17-01.1 — ND Code / Title 12.1 / Chapter 12.1-17 / Section 12.1-17-01.1
12.1-17-01.1. Assault
Status: in_force

12.1-17-01.1. Assault

A person is guilty of a class A misdemeanor, except if the victim is under the age of twelve

years in which case the offense is a class C felony, if that person:

1. Willfully causes substantial bodily injury to another human being; or

2. Negligently causes substantial bodily injury to another human being by means of a

firearm, destructive device, or other weapon, the use of which against a human being

is likely to cause death or serious bodily injury.
N.D. Cent. Code § 12.1-08-11 — ND Code / Title 12.1 / Chapter 12.1-08 / Section 12.1-08-11
12.1-08-11. Refusing to halt
Status: in_force

12.1-08-11. Refusing to halt

Any person, other than the driver of a motor vehicle under section 39-10-71, who willfully

fails or refuses to stop or who otherwise flees or attempts to elude, in any manner, a pursuing

peace officer, when given a visual or audible signal to stop, is guilty of a class B misdemeanor

for a first or second offense and a class A misdemeanor for a subsequent offense. A signal to

stop complies with this section if the signal is perceptible to the person and:

1. If given from a vehicle, the signal is given by hand, voice, emergency light, or siren,

and the vehicle is appropriately marked showing it to be an official law enforcement

vehicle; or

2. If not given from a vehicle, the signal is given by hand, voice, emergency light, or

siren, and the officer is in uniform or prominently displays the officer's badge of office.
N.D. Cent. Code § 12.1-06.2-01 — ND Code / Title 12.1 / Chapter 12.1-06.2 / Section 12.1-06.2-01
12.1-06.2-01. Definitions
Status: in_force

12.1-06.2-01. Definitions

As used in this chapter, the term:

1. "Crime of pecuniary gain" means any violation of state law that directly results or was

intended to result in the defendant alone, or in association with others, receiving

income, benefit, property, money, or anything of value.

2. "Crime of violence" means any violation of state law where a person purposely or

knowingly causes or threatens to cause death or physical bodily injury to another

person or persons.

3. "Criminal street gang" means any ongoing organization or group of three or more

persons, whether formal or informal, that acts in concert or agrees to act in concert

with a purpose that any of those persons alone or in any combination commit or will

commit two or more predicate gang crimes one of which occurs after August 1, 1995,

and the last of which occurred within five years after the commission of a prior

predicate gang crime.

4. "Participate in a criminal street gang" means to act in concert with a criminal street

gang with intent to commit or with the intent that any other person associated with the

criminal street gang will commit one or more predicate gang crimes.

5. "Predicate gang crime" means the commission, attempted commission, or solicitation

of any felony, misdemeanor crime of violence, or misdemeanor crime of pecuniary

gain.
N.D. Cent. Code § 12.1-05-08 — ND Code / Title 12.1 / Chapter 12.1-05 / Section 12.1-05-08
12.1-05-08. Excuse
Status: in_force

12.1-05-08. Excuse

A person's conduct is excused if he believes that the facts are such that his conduct is

necessary and appropriate for any of the purposes which would establish a justification or

excuse under this chapter, even though his belief is mistaken. However, if his belief is

negligently or recklessly held, it is not an excuse in a prosecution for an offense for which

negligence or recklessness, as the case may be, suffices to establish culpability. Excuse under

this section is a defense or affirmative defense according to which type of defense would be

established had the facts been as the person believed them to be.
N.D. Cent. Code § 12.1-21.1-05 — ND Code / Title 12.1 / Chapter 12.1-21.1 / Section 12.1-21.1-05
12.1-21.1-05. Civil action
Status: in_force

12.1-21.1-05. Civil action

A person who has been damaged by reason of violation of this chapter may bring an action

in the district court against the person causing the damage to recover an amount equal to three

times all actual and consequential damages and court costs and reasonable attorney fees.

This chapter does not affect any other rights of a person who has been damaged by reason

of violation of this chapter.
N.D. Cent. Code § 12.1-23-18 — ND Code / Title 12.1 / Chapter 12.1-23 / Section 12.1-23-18
12.1-23-18. Definitions
Status: in_force

12.1-23-18. Definitions

As used in this chapter:

1. "Payment card" means a credit card, charge card, debit card, or any other card issued

to an authorized card user which allows the user to obtain, purchase, or receive credit,

money, goods, services, or anything else of value.

2. "Re-encoder" means an electronic device that places encoded information from the

computer chip or magnetic strip or stripe of a payment card onto the computer chip or

magnetic strip or stripe of a different payment card, driver's license, or state-issued

identification card, or any electronic medium that allows an authorized transaction to

occur.

3. "Scanning device" means a scanner, reader, or any other electronic device used to

access, read, scan, obtain, memorize, or store, information encoded on a computer

chip or magnetic strip or stripe of a payment card, driver's license, or state-issued

identification card.

4. "Skimmer" means an electronic, photographic, visual imaging, recording, or other

device capable of accessing, reading, recording, capturing, copying, imaging,

scanning, reproducing, or storing in any manner the financial information contained on

a payment card or encoded on a computer chip or magnetic strip or stripe of a

payment card.
N.D. Cent. Code § 12.1-32-08 — ND Code / Title 12.1 / Chapter 12.1-32 / Section 12.1-32-08
12.1-32-08. Hearing prior to ordering restitution or reparation - Conditions - Collection of restitution for insufficient funds checks - Continuing appropriation
Status: in_force

12.1-32-08. Hearing prior to ordering restitution or reparation - Conditions - Collection

of restitution for insufficient funds checks - Continuing appropriation.

1. The court, when sentencing a person adjudged guilty of criminal activities that have

resulted in pecuniary damages, in addition to any other sentence the court may

impose, shall order that the defendant make restitution to the victim or other recipient

as determined by the court. Restitution must include payment to the owner of real

property that is contaminated by the defendant in the manufacturing of

methamphetamine for the cost of removing the contamination and returning the

property to the property's condition before contamination and to any other person that

has incurred costs in decontaminating the property.

2. If the court has retained jurisdiction after the sentencing hearing for claims of

restitution, to make a claim for restitution, the victim shall submit information by

affidavit or declaration and, as applicable, documentary evidence within the time

specified in the order. The information submitted must describe the items or elements

of loss, itemize the total dollar amounts of restitution claimed, and present facts and

evidence sufficient to support a finding the restitution is directly related to the offense

and the amount awarded. The prosecutor shall serve the defendant with a copy of the

information submitted by the victim no later than sixty days following sentencing.

3. The defendant may challenge restitution but must do so by requesting a hearing within

thirty days of being served with the written notification of the amount of restitution

requested. The hearing request must be made in writing and filed with the court. If no

hearing is requested, the court may enter a judgment ordering restitution. A defendant

may not challenge restitution after the thirty-day time period has passed.

4. In determining the amount of restitution, the court shall take into account the

reasonable damages sustained by the victim or victims of the criminal offense, which

damages are limited to those directly related to the criminal offense and expenses

actually sustained as a direct result of the defendant's criminal action. This can include

an amount equal to the cost of necessary and related professional services and

devices relating to physical, psychiatric, and psychological care. The defendant may

be required as part of the sentence imposed by the court to pay the prescribed

treatment costs for a victim of a sexual offense as defined in chapters 12.1-20 and
N.D. Cent. Code § 12.1-31-13 — ND Code / Title 12.1 / Chapter 12.1-31 / Section 12.1-31-13
12.1-31-13. Tattooing, branding, subdermal implants, scarifying, and piercing - Minors
Status: in_force

12.1-31-13. Tattooing, branding, subdermal implants, scarifying, and piercing -

Minors.

1. As used in this section:

a. "Brand" means the use of heat, cold, or any chemical compound to imprint

permanent markings on an individual's skin.

b. "Pierce" means the puncture of any part of an individual's body to insert studs,

pins, rings, chains, or other jewelry or adornment.

c. "Scarify" means to cut, tear, or abrade an individual's skin for the purpose of

creating a permanent mark or design on the skin.

d. "Subdermal implant" means to insert a foreign object beneath the skin to

decorate an individual's body.

e. "Tattoo" means to mark the skin of an individual by insertion of permanent colors

through puncture of the skin.

2. It is a class B misdemeanor for a person, other than a licensed health care

professional acting within that professional's scope of practice, to tattoo, brand,

subdermal implant, scarify, or pierce an individual who is under eighteen years of age

unless the tattooing, branding, subdermal implanting, scarifying, or piercing takes

place in the presence of and with the written consent of the individual's parent or legal

guardian.

3. It is a class B misdemeanor for a person to sell, trade, or otherwise provide materials

or kits for tattooing, self-tattooing, branding, self-branding, scarifying, self-scarifying,

subdermal implanting, self-subdermal implanting, body piercing, or self-body piercing

to an individual who is under eighteen years of age.

4. A political subdivision may enact and enforce an ordinance restricting tattooing,

branding, subdermal implanting, scarifying, and piercing or restricting the sale of

tattooing, branding, subdermal implanting, scarifying, and piercing materials and kits if

the ordinance is equal to or more stringent than this section.
N.D. Cent. Code § 12.1-07-02 — ND Code / Title 12.1 / Chapter 12.1-07 / Section 12.1-07-02
12.1-07-02. Desecration of the flag of the United States
Status: in_force

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

1. A person is guilty of a class A misdemeanor if he knowingly casts contempt upon any

flag of the United States by publicly mutilating, defacing, defiling, burning, or trampling

upon it.

2. The term "flag of the United States" as used in this section shall include any flag,

standard, colors, or ensign, or any picture or representation of either, or of any part or

parts of either, made of any substance or represented on any substance, of any size

evidently purporting to be either of said flag, standard, colors, or ensign of the United

States of America, or a picture or a representation of either, upon which shall be

shown the colors, the stars and the stripes, in any number of either thereof, or of any

part or parts of either, by which the average person seeing the same without

deliberation may believe the same to represent the flag, standard, colors, or ensign of

the United States of America.
N.D. Cent. Code § 12.1-11-07 — ND Code / Title 12.1 / Chapter 12.1-11 / Section 12.1-11-07
12.1-11-07. Fraudulent practice in urine testing
Status: in_force

12.1-11-07. Fraudulent practice in urine testing

A person is guilty of a class A misdemeanor if that person willfully defrauds a urine test and

the test is designed to detect the presence of a chemical substance or a controlled substance. A

person is guilty of a class A misdemeanor if that person knowingly possesses, distributes, or

assists in the use of a device, chemical, or real or artificial urine advertised or intended to be

used to alter the outcome of a urine test.
N.D. Cent. Code § 12.1-04.1-02 — ND Code / Title 12.1 / Chapter 12.1-04.1 / Section 12.1-04.1-02
12.1-04.1-02. Court authorization of state-funded mental health services for certain defendants
Status: in_force

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

defendants.

A defendant who is unable to pay for the services of a tier 1a mental health professional,

and to whom those services are not otherwise available, may apply to the court for assistance.

Upon a showing of a likely need for examination on the question of lack of criminal responsibility

or lack of requisite state of mind as a result of the defendant's mental condition, the court shall

authorize reasonable expenditures from public funds for the defendant's retention of the

services of one or more tier 1a mental health professionals. Upon request by the defendant, the

application and the proceedings on the application must be ex parte and in camera, but any

order under this section authorizing expenditures must be made part of the public record.
N.D. Cent. Code § 12.1-05-01 — ND Code / Title 12.1 / Chapter 12.1-05 / Section 12.1-05-01
12.1-05-01. Justification
Status: in_force

12.1-05-01. Justification

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

defense.

2. If a person is justified or excused in using force against another, but he recklessly or

negligently injures or creates a risk of injury to other persons, the justifications afforded

by this chapter are unavailable in a prosecution for such recklessness or negligence.

3. That conduct may be justified or excused within the meaning of this chapter does not

abolish or impair any remedy for such conduct which is available in any civil action.
N.D. Cent. Code § 12.1-06.1-08 — ND Code / Title 12.1 / Chapter 12.1-06.1 / Section 12.1-06.1-08
12.1-06.1-08. Computer fraud - Computer crime - Classification - Penalty
Status: in_force

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

1. A person commits computer fraud by gaining or attempting to gain access to, altering,

damaging, modifying, copying, disclosing, taking possession of, or destroying any

computer, computer system, computer network, or any part of the computer, computer

system, or computer network, without authorization, and with the intent to devise or

execute any scheme or artifice to defraud, deceive, prevent the authorized use of, or

control property or services by means of false or fraudulent pretenses,

representations, or promises. A person who commits computer fraud is guilty of a

class C felony.

2. A person commits computer crime by intentionally and either in excess of authorization

given or without authorization gaining or attempting to gain access to, altering,

damaging, modifying, copying, disclosing, taking possession of, introducing a

computer contaminant into, destroying, or preventing the authorized use of any

computer, computer system, or computer network, or any computer software, program,

or data contained in the computer, computer system, or computer network. A person

who commits computer crime is guilty of a class A misdemeanor.

3. In addition to any other remedy available, the owner or lessee of a computer, computer

system, computer network, or any part of the computer, computer system, or computer

network may bring a civil action for damages, restitution, and attorney's fees for

damages incurred as a result of the violation of this section.
N.D. Cent. Code § 12.1-21-04 — ND Code / Title 12.1 / Chapter 12.1-21 / Section 12.1-21-04
12.1-21-04. Release of destructive forces
Status: in_force

12.1-21-04. Release of destructive forces

1. A person is guilty of a class B felony if he intentionally causes a catastrophe by any

means and is guilty of a class C felony if he does so willfully.

2. A person is guilty of a class C felony if he willfully creates a risk of catastrophe,

although no fire, explosion, or other destruction results.

3. A person who knowingly does an act which causes or which he knows is likely to

cause a catastrophe, or assents to the doing of such act, is guilty of a class C felony if

he willfully fails to take reasonable measures to prevent the catastrophe.

4. Catastrophe means serious bodily injury to ten or more people or substantial damage

to ten or more separate habitations or structures or property loss in excess of five

hundred thousand dollars.
N.D. Cent. Code § 12.1-04-04.1 — ND Code / Title 12.1 / Chapter 12.1-04 / Section 12.1-04-04.1
12.1-04-04.1. Disposition of defendants - Lack of fitness to proceed - Records
Status: in_force

12.1-04-04.1. Disposition of defendants - Lack of fitness to proceed - Records

1. A defendant is presumed to be fit to stand trial, to plead, or to be sentenced.

2. An individual who lacks fitness to proceed may not be tried, convicted, or sentenced

for the commission of an offense.

3. Any report filed pursuant to this chapter regarding "diagnosis, treatment, or treatment

plans" must be kept confidential and may be reviewed only by the court or an appellate

court, the state, the defense, the facility providing treatment as required by order of the

court, and any other person as directed by the court.
N.D. Cent. Code § 12.1-05-07.1 — ND Code / Title 12.1 / Chapter 12.1-05 / Section 12.1-05-07.1
12.1-05-07.1. Use of deadly force - Presumption of fear of death or serious bodily injury
Status: in_force

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

injury.

1. An individual is presumed to have held a reasonable fear of imminent peril of death or

serious bodily injury to that individual or another when using deadly force if:

a. The individual against whom the deadly force was used was in the process of

unlawfully and forcibly entering, or had unlawfully and forcibly entered and

remains within a dwelling, place of work, or occupied motor home or travel trailer

as defined in section 39-01-01, or if the individual had removed or was attempting

to remove another against that individual's will from the dwelling, place of work, or

occupied motor home or travel trailer as defined in section 39-01-01; and

b. The individual who uses deadly force knew or had reason to believe that an

unlawful and forcible entry or unlawful and forcible act was occurring or had

occurred.

2. The presumption in subsection 1 may be rebutted by proof beyond a reasonable doubt

that the individual who used the deadly force did not have a reasonable fear of

imminent peril of death or serious bodily injury to that individual or another.

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

following have occurred:

a. The individual against whom the deadly force is used has the right to be in or is a

lawful resident of the dwelling, place of work, or occupied motor home or travel

trailer as defined in section 39-01-01, including an owner, lessee, or titleholder,

and there is not a temporary or permanent domestic violence protection order or

any other order of no contact against that individual;

b. The individual removed or sought to be removed is a child or grandchild, or is

otherwise in the lawful custody or under the lawful guardianship of, the individual

against whom the deadly force is used;

c. The individual who uses deadly force is engaged in the commission of a crime or

is using the dwelling, place of work, or occupied motor home or travel trailer as

defined in section 39-01-01 to further the commission of a crime; or

d. The individual against whom the deadly force is used is a law enforcement officer

who enters or attempts to enter a dwelling, place of work, or occupied motor

home or travel trailer as defined in section 39-01-01 in the performance of official

duties and the officer provided identification, if required, in accordance with any

applicable law or warrant from a court, or if the individual using force knew or

reasonably should have known that the individual entering or attempting to enter

was a law enforcement officer.
N.D. Cent. Code § 12.1-10-06 — ND Code / Title 12.1 / Chapter 12.1-10 / Section 12.1-10-06
12.1-10-06. Soliciting obstruction of proceedings
Status: in_force

12.1-10-06. Soliciting obstruction of proceedings

A person is guilty of a class A misdemeanor if the person solicits another to commit an

offense defined in sections 12.1-10-02 through 12.1-10-05.
N.D. Cent. Code § 12.1-10-02 — ND Code / Title 12.1 / Chapter 12.1-10 / Section 12.1-10-02
12.1-10-02. Failure to appear as witness, to produce information, or to be sworn
Status: in_force

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

1. A person who has been lawfully ordered to appear at a specified time and place to

testify or to produce information in an official proceeding is guilty of a class A

misdemeanor if, without lawful privilege, he fails to appear or to produce the

information at that time and place.

2. A person attending an official proceeding is guilty of a class A misdemeanor if, without

lawful privilege, he fails to comply with a lawful order:

a. To occupy or remain at the designated place from which he is to testify as a

witness in such proceeding; or

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

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

a. Was prevented from appearing at the specified time and place or unable to

produce the information because of circumstances to the creation of which he did

not contribute in reckless disregard of the requirement to appear or to produce; or

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

proceeding.

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

a. "Authorized agency" means an agency authorized by statute to issue subpoenas

or similar process supported by the sanctions of this section.

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

c. "Official proceeding" means:

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

grand jury.

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

interim committees.

(3) An official proceeding in which, pursuant to lawful authority, a court orders

attendance or the production of information.

(4) An official proceeding before an authorized agency.

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

section.
N.D. Cent. Code § 12.1-39-02 — ND Code / Title 12.1 / Chapter 12.1-39 / Section 12.1-39-02
12.1-39-02. Human cloning - Prohibition - Penalty
Status: in_force

12.1-39-02. Human cloning - Prohibition - Penalty

1. A person may not intentionally or knowingly:

a. Perform or attempt to perform human cloning;

b. Participate in performing or attempting to perform human cloning;

c. Transfer or receive the product of a human cloning for any purpose; or

d. Transfer or receive, in whole or in part, any oocyte, human embryo, human fetus,

or human somatic cell, for the purpose of human cloning.

2. Nothing in subsection 1 restricts areas of scientific research not specifically prohibited,

including in vitro fertilization, the administration of fertility-enhancing drugs, or research

in the use of nuclear transfer or other cloning techniques to produce molecules,

deoxyribonucleic acid, tissues, organs, plants, animals other than humans, or cells

other than human embryos.

3. A person who violates subdivision a or b of subsection 1 is guilty of a class C felony. A

person who violates subdivision c or d of subsection 1 is guilty of a class A

misdemeanor.
N.D. Cent. Code § 12.1-35-04 — ND Code / Title 12.1 / Chapter 12.1-35 / Section 12.1-35-04
12.1-35-04. Limits on interviews and testimony
Status: in_force

12.1-35-04. Limits on interviews and testimony

The prosecuting attorney, the court, and appropriate law enforcement personnel, to the

extent possible, shall protect the victim or witness from the psychological damage of repeated or

lengthy interview, testimony, or discovery proceedings while preserving the rights of the public,

the victim, and the person charged with the violation.
N.D. Cent. Code § 12.1-04-05 — ND Code / Title 12.1 / Chapter 12.1-04 / Section 12.1-04-05
12.1-04-05. Notice of defense, filing
Status: in_force

12.1-04-05. Notice of defense, filing

Superseded by N.D.R.Crim.P., Rule 12.2.
N.D. Cent. Code § 12.1-14-05 — ND Code / Title 12.1 / Chapter 12.1-14 / Section 12.1-14-05
12.1-14-05. Preventing exercise of civil rights - Hindering or preventing another aiding third person to exercise civil rights
Status: in_force

12.1-14-05. Preventing exercise of civil rights - Hindering or preventing another aiding

third person to exercise civil rights.

A person is guilty of a class B misdemeanor if, whether or not acting under color of law, he,

by force or threat of force or by economic coercion, intentionally:

1. Injures, intimidates, or interferes with another because he is or is about to exercise his

civil rights, or because he has exercised his civil rights.

2. Intimidates or prevents another from aiding a third person to exercise his civil rights.
N.D. Cent. Code § 12.1-41-19 — ND Code / Title 12.1 / Chapter 12.1-41 / Section 12.1-41-19
12.1-41-19. Grant to or contract with service provider
Status: in_force

12.1-41-19. Grant to or contract with service provider

1. The attorney general may make a grant to or contract with a unit of state or local

government, tribal government, or nongovernmental victims service organization to

develop or expand service programs for victims.

2. A recipient of a grant or contract under subsection 1 shall report annually to the

attorney general the number and demographic information of all victims receiving

services under the grant or contract.
N.D. Cent. Code § 12.1-12-02 — ND Code / Title 12.1 / Chapter 12.1-12 / Section 12.1-12-02
12.1-12-02. Illegal influence between legislators or between legislators and governor
Status: in_force

12.1-12-02. Illegal influence between legislators or between legislators and governor

Any person who violates the provisions of section 9 of article IV or section 10 of article V of

the Constitution of North Dakota is guilty of a class C felony.
N.D. Cent. Code § 12.1-27.1-05 — ND Code / Title 12.1 / Chapter 12.1-27.1 / Section 12.1-27.1-05
12.1-27.1-05. Civil proceeding a prerequisite to criminal liability
Status: repealed

12.1-27.1-05. Civil proceeding a prerequisite to criminal liability

Repealed by S.L. 1981, ch. 157, § 1.
N.D. Cent. Code § 12.1-12-05 — ND Code / Title 12.1 / Chapter 12.1-12 / Section 12.1-12-05
12.1-12-05. Trading in special influence
Status: in_force

12.1-12-05. Trading in special influence

A person is guilty of a class A misdemeanor if he knowingly offers, gives, or agrees to give,

or solicits, accepts, or agrees to accept, a thing of pecuniary value for exerting, or procuring

another to exert, special influence upon a public servant with respect to his legal duty or official

action as a public servant. "Special influence" means power to influence through kinship or by

reason of position as a public servant or party official, as defined in section 12.1-12-04.
N.D. Cent. Code § 12.1-04.1-07 — ND Code / Title 12.1 / Chapter 12.1-04.1 / Section 12.1-04.1-07
12.1-04.1-07. Scope of examination
Status: in_force

12.1-04.1-07. Scope of examination

An examination of the defendant conducted under section 12.1-04.1-05 may consist of such

interviewing, clinical evaluation, and psychological testing the tier 1a mental health professional

considers appropriate, within the limits of nonexperimental, generally accepted medical,

psychiatric, or psychological practices.
N.D. Cent. Code § 12.1-41-14 — ND Code / Title 12.1 / Chapter 12.1-41 / Section 12.1-41-14
12.1-41-14. Motion to vacate and seal conviction
Status: in_force

12.1-41-14. Motion to vacate and seal conviction

1. An individual convicted of prostitution 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 apply by

motion to the court to vacate the conviction and seal the record of conviction. The

court may grant the motion on a finding that the individual's participation in the offense

was a direct result of being a victim.

2. Official determination or documentation is not required to grant a motion by an

individual under subsection 1, but an official determination or documentation from a

federal, state, local, or tribal agency that the individual was a victim at the time of the

offense creates a presumption that the individual's participation was a direct result of

being a victim.

3. A motion filed under subsection 1, any hearing conducted on the motion, and any relief

granted are governed by chapter 29-32.1.
N.D. Cent. Code § 12.1-04.1-15 — ND Code / Title 12.1 / Chapter 12.1-04.1 / Section 12.1-04.1-15
12.1-04.1-15. Use of recording of examination
Status: in_force

12.1-04.1-15. Use of recording of examination

Except as provided in section 12.1-04.1-09, recording of an examination of the defendant

concerning the defendant's mental condition at the time of the alleged offense may be referred

to or otherwise used only on cross-examination for the purpose of impeachment of the tier 1a

mental health professional who conducted the examination and then on redirect examination of

that witness to the extent permitted by the North Dakota Rules of Evidence. The defendant must

make the recording available to the prosecuting attorney before any use of it pursuant to this

section. If the recording is so used, this section does not preclude its use for the purpose of

impeachment of the defendant in any other criminal, civil, or administrative proceeding.
N.D. Cent. Code § 12.1-20-03.1 — ND Code / Title 12.1 / Chapter 12.1-20 / Section 12.1-20-03.1
12.1-20-03.1. Continuous sexual abuse of a child
Status: in_force

12.1-20-03.1. Continuous sexual abuse of a child

1. An individual in adult court is guilty of an offense if the individual engages in any

combination of three or more sexual acts or sexual contacts with a minor under the

age of fifteen years during a period of three or more months. The offense is a class AA

felony if the actor was at least twenty-two years of age at the time of the offense.

Otherwise, the offense is a class A felony. The court may not defer imposition of

sentence.

2. If more than three sexual acts or contacts are alleged, a jury must unanimously agree

that any combination of three or more acts or contacts occurred. The jury does not

need to unanimously agree which three acts or contacts occurred.

3. No other felony offense under this chapter involving the same victim may be charged

in the same proceeding with a charge under this section unless the other charged

offense occurred outside the time period charged under this section or the other

offense is charged in the alternative. A defendant may be charged with only one count

under this section, but a separate count may be charged for each victim if more than

one victim is involved.
N.D. Cent. Code § 12.1-24-01 — ND Code / Title 12.1 / Chapter 12.1-24 / Section 12.1-24-01
12.1-24-01. Forgery or counterfeiting
Status: in_force

12.1-24-01. Forgery or counterfeiting

1. A person is guilty of forgery or counterfeiting if, with intent to deceive or harm the

government or another person, or with knowledge that the person is facilitating such

deception or harm by another person, the person:

a. Knowingly and falsely makes, completes, or alters any writing; or

b. Knowingly utters or possesses a forged or counterfeited writing.

2. Forgery or counterfeiting is:

a. A class B felony if:

(1) The actor forges or counterfeits an obligation or other security of the

government; or

(2) The offense is committed pursuant to a scheme to defraud another or others

of money or property of a value in excess of ten thousand dollars, but not in

excess of fifty thousand dollars. If the value of the property exceeds fifty

thousand dollars, the offense is a class A felony.

b. A class C felony if:

(1) The actor is a public servant or an officer or employee of a financial

institution and the offense is committed under color of office or is made

possible by the actor's office;

(2) The actor forges or counterfeits foreign money or other legal tender, or

utters or possesses any forged or counterfeited obligation or security of the

government or foreign money or legal tender;

(3) The actor forges or counterfeits any writing from plates, dies, molds,

photographs, or other similar instruments designed for multiple reproduction;

(4) The actor forges or counterfeits a writing which purports to have been made

by the government; or

(5) The offense is committed pursuant to a scheme to defraud another or others

of money or property of a value in excess of one thousand dollars.

c. A class A misdemeanor in all other cases.
N.D. Cent. Code § 12.1-38-03 — ND Code / Title 12.1 / Chapter 12.1-38 / Section 12.1-38-03
12.1-38-03. Evidence
Status: in_force

12.1-38-03. Evidence

. Notwithstanding other evidence that the victim may adduce relating to the perpetrator's

conviction of the crime involving the parties to a claim for relief, a certified copy of a guilty plea,

a court judgment of guilt, a court record of conviction, or an adjudication as a delinquent child is

conclusive proof of the perpetrator's assumption of the risk.
N.D. Cent. Code § 12.1-16-04 — ND Code / Title 12.1 / Chapter 12.1-16 / Section 12.1-16-04
12.1-16-04. Assisting the commission of suicide - Causing death by suicide - Penalties
Status: in_force

12.1-16-04. Assisting the commission of suicide - Causing death by suicide -

Penalties.

1. Any person who intentionally or knowingly aids, abets, facilitates, solicits, or incites

another person to commit suicide, or who provides to, delivers to, procures for, or

prescribes for another person any drug or instrument with knowledge that the other

person intends to attempt to commit suicide with the drug or instrument is guilty of a

class C felony.

2. Any person who, through deception, coercion, or duress, willfully causes the death of

another person by suicide is guilty of a class AA felony.
N.D. Cent. Code § 12.1-20-04 — ND Code / Title 12.1 / Chapter 12.1-20 / Section 12.1-20-04
12.1-20-04. Sexual imposition
Status: in_force

12.1-20-04. Sexual imposition

A person who engages in a sexual act or sexual contact with another, or who causes

another to engage in a sexual act or sexual contact, is guilty of a class B felony if the actor:

1. Compels the other person to submit by any threat or coercion that would render a

person reasonably incapable of resisting; or

2. Engages in a sexual act or sexual contact with another, whether consensual or not, as

part of an induction, initiation, ceremony, pledge, hazing, or qualification to become a

member or an associate of any criminal street gang as defined in section 12.1-06.2-01.
N.D. Cent. Code § 12.1-22-03.1 — ND Code / Title 12.1 / Chapter 12.1-22 / Section 12.1-22-03.1
12.1-22-03.1. Surreptitious intrusion
Status: repealed

12.1-22-03.1. Surreptitious intrusion

Repealed by S.L. 2001, ch. 134, § 11.
N.D. Cent. Code § 12.1-41-16 — ND Code / Title 12.1 / Chapter 12.1-41 / Section 12.1-41-16
12.1-41-16. Display of public-awareness sign
Status: in_force

12.1-41-16. Display of public-awareness sign

The department of transportation shall display in every transportation station, rest area, and

welcome center in the state which is open to the public a public-awareness sign that contains

any state or local human trafficking resource information and the National Human Trafficking

Resource Center hotline information.
N.D. Cent. Code § 12.1-21-06.1 — ND Code / Title 12.1 / Chapter 12.1-21 / Section 12.1-21-06.1
12.1-21-06.1. Interference with telephone during emergency call
Status: in_force

12.1-21-06.1. Interference with telephone during emergency call

A person is guilty of an offense if that person removes, damages, or obstructs any

telephone or telephone line or any part or apparatus on the line, or severs any wire connected

to the line, so as to interfere with an emergency telephone call. The offense is a class C felony if

it was done intentionally. The offense is a class A misdemeanor if it was done knowingly or

recklessly.
N.D. Cent. Code § 12.1-02-01 — ND Code / Title 12.1 / Chapter 12.1-02 / Section 12.1-02-01
12.1-02-01. Basis of liability for offenses
Status: in_force

12.1-02-01. Basis of liability for offenses

1. A person commits an offense only if the person engages in conduct, including an act,

an omission, or possession, in violation of a statute which provides that the conduct is

an offense.

2. A person who omits to perform an act does not commit an offense unless the person

has a legal duty to perform the act, nor shall such an omission be an offense if the act

is performed on the person's behalf by a person legally authorized to perform it.
N.D. Cent. Code § 12.1-36.1-03 — ND Code / Title 12.1 / Chapter 12.1-36.1 / Section 12.1-36.1-03
12.1-36.1-03. Exceptions
Status: in_force

12.1-36.1-03. Exceptions

Section 12.1-36.1-02 does not apply:

1. To the good-faith medical decision of a parent or guardian of a minor born with a

medically verifiable genetic disorder of sex development, including:

a. A minor with external biological sex characteristics that are irresolvably

ambiguous, including having forty-six, XX chromosomes with virilization, forty-six,

XY chromosomes with undervirilization, or having both ovarian and testicular

tissue; or

b. When a physician otherwise has diagnosed a disorder of sexual development in

which the physician, through genetic testing, has determined the minor does not

have the normal sex chromosome structure for a male or female; or

2. If performance or administration of the medical procedure on the minor began before

April 21, 2023.
N.D. Cent. Code § 12.1-41-12 — ND Code / Title 12.1 / Chapter 12.1-41 / Section 12.1-41-12
12.1-41-12. Immunity of minor
Status: in_force

12.1-41-12. Immunity of minor

1. If the individual was a minor at the time of the offense and committed the offense as a

direct result of being a victim, the individual is not criminally liable or subject to a

juvenile delinquency proceeding under chapter 27-20.4 for:

a. Prostitution under section 12.1-29-03;

b. Misdemeanor forgery under section 12.1-24-01;

c. Misdemeanor theft offenses under chapter 12.1-23;

d. Insufficient funds or credit offenses under section 6-08-16;

e. Manufacture or possession of a controlled or counterfeit substance offenses

under section 19-03.1-23; and

f. Drug paraphernalia offenses under chapter 19-03.4.

2. It is an affirmative defense to felony forgery, felony theft, and felony drug distribution

that the individual was a minor at the time of the offense and committed the offense as

a direct result of being a victim as defined by this chapter.

3. An individual who has engaged in commercial sexual activity is not criminally liable or

subject to a juvenile delinquency proceeding under chapter 27-20.4 for prostitution if

the individual was a minor at the time of the offense.

4. A minor who, under subsection 1 or 3, is not subject to criminal liability or a juvenile

delinquency proceeding is presumed to be a child in need of services under chapter

50-25.1.

5. This section does not apply in a prosecution or a juvenile delinquency proceeding for

patronizing a prostitute.
N.D. Cent. Code § 12.1-23-01 — ND Code / Title 12.1 / Chapter 12.1-23 / Section 12.1-23-01
12.1-23-01. Consolidation of theft offenses
Status: in_force

12.1-23-01. Consolidation of theft offenses

1. Conduct denominated theft in sections 12.1-23-02 to 12.1-23-04 constitutes a single

offense designed to include the separate offenses heretofore known as larceny,

stealing, purloining, embezzlement, obtaining money or property by false pretenses,

extortion, blackmail, fraudulent conversion, receiving stolen property, misappropriation

of public funds, swindling, and the like.

2. An indictment, information, or complaint charging theft under sections 12.1-23-02 to

12.1-23-04 which fairly apprises the defendant of the nature of the charges against

him shall not be deemed insufficient because it fails to specify a particular category of

theft. The defendant may be found guilty of theft under such an indictment,

information, or complaint if his conduct falls under sections 12.1-23-02 to 12.1-23-04,

so long as the conduct proved is sufficiently related to the conduct charged that the

accused is not unfairly surprised by the case he must meet.
N.D. Cent. Code § 12.1-10-03 — ND Code / Title 12.1 / Chapter 12.1-10 / Section 12.1-10-03
12.1-10-03. Refusal to testify
Status: in_force

12.1-10-03. Refusal to testify

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

a. To answer a question pertinent to the subject under inquiry in an official

proceeding before the legislative assembly, or one of its session or interim

committees, and continues in such a refusal after the presiding officer directs him

to answer, and advises him that his continuing refusal may make him subject to

criminal prosecution; or

b. To answer a question in any other official proceeding and continues in such

refusal after a court or judge directs or orders him to answer and advises him that

his continuing refusal may make him subject to criminal prosecution.

2. It is a defense to a prosecution under this section that the defendant complied with the

direction or order before his refusal to do so substantially affected the proceeding.
N.D. Cent. Code § 12.1-06.2-04 — ND Code / Title 12.1 / Chapter 12.1-06.2 / Section 12.1-06.2-04
12.1-06.2-04. Local ordinances not preempted
Status: in_force

12.1-06.2-04. Local ordinances not preempted

Nothing in this chapter may be construed as preventing a local governing body from

adopting and enforcing ordinances relating to gangs and gang-related violence.
N.D. Cent. Code § 12.1-32-12 — ND Code / Title 12.1 / Chapter 12.1-32 / Section 12.1-32-12
12.1-32-12. Penalties, sentences, and parole for offenses unclassified and in other titles
Status: in_force

12.1-32-12. Penalties, sentences, and parole for offenses unclassified and in other

titles.

Where an offense is defined by a statute or by the constitution without specification of its

classification pursuant to section 12.1-32-01, the offense is punishable as provided in the

statute or constitutional provision defining it, or:

1. If the offense is declared to be a felony, without further specification of punishment, it is

punishable as if it were a class C felony.

2. If the offense is declared to be a misdemeanor, without further specification of

punishment, it is punishable as if it were a class A misdemeanor.

The sentencing alternatives available under section 12.1-32-02 are available to a court

sentencing an offender for commission of an offense defined by a statute outside this title.
N.D. Cent. Code § 12.1-27.2-01 — ND Code / Title 12.1 / Chapter 12.1-27.2 / Section 12.1-27.2-01
12.1-27.2-01. Definitions
Status: in_force

12.1-27.2-01. Definitions

As used in this chapter:

1. "Computer-generated image" means an image or visual representation created

through the use of artificial intelligence or other computer program.

2. "Minor" means an individual under eighteen years of age or a computer-generated

image used, created, adapted, altered, or modified to appear to depict an individual

under eighteen years of age by face, likeness, or other distinguishing characteristics.

3. "Obscene sexual performance" means any performance which includes sexual

conduct by a minor in any obscene material or obscene performance, as defined in

section 12.1-27.1-01.

4. "Performance" means any play, motion picture, photograph, dance, or other visual

representation, or any part of a performance.

5. "Promote" means to procure, manufacture, issue, sell, give, provide, lend, mail,

deliver, transfer, transmit, ship, transport, publish, distribute, circulate, disseminate,

present, exhibit, or advertise.

6. "Sexual conduct" means actual or simulated:

a. Sexual intercourse;

b. Sodomy, as defined under section 12.1-27.1-01;

c. Sexual bestiality;

d. Masturbation;

e. Sadomasochistic abuse, as defined under section 12.1-27.1-01;

f. Lewd exhibition of the buttocks, breasts, or genitals;

g. Nude or partially denuded human figure, as defined in section 12.1-27.1-03.1, if

depicted for the purpose of the sexual stimulation or the sexual gratification of

any individual who may view such depiction; or

h. Physical contact with a person's clothed or unclothed genitals, pubic area,

buttocks, or breasts. It is not necessary that the minor know that he or she is

participating in the described conduct, or any aspect of it.

7. "Sexual performance" means any performance which includes sexual conduct by a

minor.

8. "Simulated" means the explicit depiction of any of the conduct set forth in subsection 4

which creates the appearance of actual sexual conduct and which exhibits any nude or

partially denuded human figure, as defined in section 12.1-27.1-03.1.
N.D. Cent. Code § 12.1-31-03.2 — ND Code / Title 12.1 / Chapter 12.1-31 / Section 12.1-31-03.2
12.1-31-03.2. Child-resistant packaging for liquid nicotine containers (Contingent expiration date - See note)
Status: in_force

12.1-31-03.2. Child-resistant packaging for liquid nicotine containers. (Contingent

expiration date - See note)

1. Any nicotine liquid container that is sold at retail in this state must satisfy the

child-resistant effectiveness standards set forth in title 16, CFR, part 1700, section

15(b)(1), when tested in accordance with the method described in title 16, CFR, part

1700, section 20.

2. As used in this section, "nicotine liquid container" means a bottle or other container of

a liquid or other substance containing nicotine in which the liquid or substance is sold,

marketed, or intended for use in an electronic smoking device. The term does not

include a liquid or other substance containing nicotine in a cartridge that is sold,

marketed, or intended for use in an electronic smoking device, provided that the

cartridge is prefilled and sealed by the manufacturer and not intended to be opened by

the consumer.

3. Any person that engages in retail sales of liquid nicotine containers in violation of this

section is subject to a civil penalty of not more than five hundred dollars for each

separate violation of this section, to be recovered by any enforcement authority

designated by the city or political subdivision in which the violation occurred.