N.D. Cent. Code § 12.1-34-01 — ND Code / Title 12.1 / Chapter 12.1-34 / Section 12.1-34-01
12.1-34-01. Definitions In this chapter, unless the context or subject matter otherwise requires:
Status: in_force

12.1-34-01. Definitions. In this chapter, unless the context or subject matter otherwise

requires:

1. "Court" means a forum established by law for the adjudication of juvenile petitions,

criminal complaints, informations, or indictments.

2. "Crime" includes all felony offenses; class A misdemeanors, excluding violations of

section 6-08-16.1 for no-account checks; all violations of chapters 12.1-17 and

12.1-20, including all corresponding violations of municipal ordinances; and any of the

offenses in this subsection that may result in adjudication of delinquency.

3. "Crime of violence" means any crime in which force, as defined by section 12.1-01-04,

or threat of force was used against the victim.

4. "Custodial authority" includes city jail, county jail, juvenile detention center, regional

corrections center, halfway house, state penitentiary or Missouri River correctional

center, state hospital, or any other inpatient mental health or treatment facility to which

a criminal defendant may be sentenced or referred.

5. "Disposition" means the sentencing or determination of penalty or punishment to be

imposed upon a person convicted of a crime or found delinquent or against whom a

finding of sufficient facts for conviction or finding of delinquency is made.

6. "Family member" includes a spouse, child, sibling, parent, grandparent, grandchild,

legal guardian, or custodian of a victim, and any person with a relationship to the

victim which is substantially similar to a relationship specified in this section.

7. "Prosecuting attorney" includes city attorney, state's attorney, attorney general, or their

assistants.

8. "Registered victim" or "registered witness" means a victim or witness registered with

the statewide automated victim information and notification system.

9. "System" means the statewide automated victim information and notification system.

10. "Victim" means a person who suffers direct or threatened physical, financial, or

psychological harm as the result of the commission or attempted commission of a

crime or delinquent act or against whom the crime or delinquent act is committed. The

term "victim" does not include the accused or a person whom the court finds would not

act in the best interests of a deceased, incompetent, minor, or incapacitated victim.

11. "Witness" means any person who has been or is expected to be summoned to testify

for the prosecution whether or not any action or proceeding has yet been commenced.
N.D. Cent. Code § 12.1-20-10 — ND Code / Title 12.1 / Chapter 12.1-20 / Section 12.1-20-10
12.1-20-10. Unlawful cohabitation
Status: repealed

12.1-20-10. Unlawful cohabitation

Repealed by S.L. 2007, ch. 131, § 4.
N.D. Cent. Code § 12.1-23.1-03 — ND Code / Title 12.1 / Chapter 12.1-23.1 / Section 12.1-23.1-03
12.1-23.1-03. Theft of cable television services - Action - Injunction - Property forfeiture
Status: in_force

12.1-23.1-03. Theft of cable television services - Action - Injunction - Property

forfeiture.

1. Any franchised or otherwise duly licensed cable television system may bring an action

to enjoin and restrain violation of section 12.1-23.1-01 or an action for conversion, or

both, and may in the same action seek damages as provided for in section

12.1-23.1-02.

2. Any communications paraphernalia prohibited under section 12.1-23.1-01 may be

seized and, upon conviction, is forfeited to the jurisdiction where the arrest was made.

The paraphernalia may be, pursuant to court order, sold or destroyed.

3. It is not a necessary prerequisite to an action pursuant to section 12.1-23.1-02 that the

plaintiff has suffered, or is threatened with, actual damages.
N.D. Cent. Code § 12.1-27.1-04 — ND Code / Title 12.1 / Chapter 12.1-27.1 / Section 12.1-27.1-04
12.1-27.1-04. Definitions
Status: repealed

12.1-27.1-04. Definitions

Repealed by S.L. 1981, ch. 157, § 1.
N.D. Cent. Code § 12.1-17-12 — ND Code / Title 12.1 / Chapter 12.1-17 / Section 12.1-17-12
12.1-17-12. Assault or homicide while fleeing peace officer
Status: in_force

12.1-17-12. Assault or homicide while fleeing peace officer

A person is guilty of a class A felony if that person negligently causes the death of another

or a class B felony if that person negligently causes serious bodily injury to another while in

violation of section 39-10-71.
N.D. Cent. Code § 12.1-04.1-09 — ND Code / Title 12.1 / Chapter 12.1-04.1 / Section 12.1-04.1-09
12.1-04.1-09. Consequence of deliberate failure of defendant to cooperate
Status: in_force

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

If the defendant without just cause deliberately fails to participate or to respond to questions

in an examination conducted under section 12.1-04.1-05, the prosecuting attorney may apply

before trial to the court for appropriate relief. The court may consider the recording of the

examination as evidence on the application, but proceedings under this section involving

consideration of the recording must be in camera and out of the presence of counsel.
N.D. Cent. Code § 12.1-17-06 — ND Code / Title 12.1 / Chapter 12.1-17 / Section 12.1-17-06
12.1-17-06. Criminal coercion
Status: in_force

12.1-17-06. Criminal coercion

1. A person is guilty of a class A misdemeanor if, with intent to compel another to engage

in or refrain from conduct, he threatens to:

a. Commit any crime;

b. Accuse anyone of a crime;

c. Expose a secret or publicize an asserted fact, whether true or false, tending to

subject any person, living or deceased, to hatred, contempt, or ridicule, or to

impair another's credit or business repute; or

d. Take or withhold official action as a public servant or cause a public servant to

take or withhold official action.

2. It is an affirmative defense to a prosecution under this section that the actor believed,

whether or not mistakenly:

a. That the primary purpose of the threat was to cause the other to conduct himself

in his own best interest; or

b. That a purpose of the threat was to cause the other to desist from misbehavior,

engage in behavior from which he could not lawfully abstain, make good a wrong

done by him, or refrain from taking any action or responsibility for which he was

disqualified.
N.D. Cent. Code § 12.1-18-01 — ND Code / Title 12.1 / Chapter 12.1-18 / Section 12.1-18-01
12.1-18-01. Kidnapping
Status: in_force

12.1-18-01. Kidnapping

1. A person is guilty of kidnapping if he abducts another or, having abducted another,

continues to restrain him with intent to do the following:

a. Hold him for ransom or reward;

b. Use him as a shield or hostage;

c. Hold him in a condition of involuntary servitude;

d. Terrorize him or a third person;

e. Commit a felony or attempt to commit a felony; or

f. Interfere with the performance of any governmental or political function.

2. Kidnapping is a class A felony unless the actor voluntarily releases the victim alive and

in a safe place prior to trial, in which case it is a class B felony.
N.D. Cent. Code § 12.1-04.1-12 — ND Code / Title 12.1 / Chapter 12.1-04.1 / Section 12.1-04.1-12
12.1-04.1-12. Use of reports at trial
Status: in_force

12.1-04.1-12. Use of reports at trial

Use at trial of a report prepared by a tier 1a mental health professional or other expert is

governed by the North Dakota Rules of Evidence. A report of a tier 1a mental health

professional or other expert furnished by the defendant pursuant to section 12.1-04.1-10 may

not be used at trial unless the tier 1a mental health professional or other expert who prepared

the report has been called to testify by the defendant.
N.D. Cent. Code § 12.1-20-17 — ND Code / Title 12.1 / Chapter 12.1-20 / Section 12.1-20-17
12.1-20-17. Transfer of body fluid that may contain the human immunodeficiency virus - Definitions - Defenses - Penalty
Status: repealed

12.1-20-17. Transfer of body fluid that may contain the human immunodeficiency

virus - Definitions - Defenses - Penalty.

Repealed by S.L. 2025, ch. 127, § 1.
N.D. Cent. Code § 12.1-29-02 — ND Code / Title 12.1 / Chapter 12.1-29 / Section 12.1-29-02
12.1-29-02. Facilitating prostitution
Status: in_force

12.1-29-02. Facilitating prostitution

1. A person is guilty of an offense if the person:

a. Knowingly solicits a person to patronize a prostitute;

b. Knowingly procures a prostitute for a patron;

c. Knowingly leases or otherwise permits a place controlled by the actor, alone or in

association with others, to be regularly used for prostitution, promoting

prostitution, or facilitating prostitution, or fails to make reasonable effort to abate

such use by ejecting the tenant, notifying law enforcement authorities, or taking

other legally available means; or

d. Knowingly induces or otherwise intentionally causes another to remain a

prostitute. A person who is supported in whole or substantial part by the proceeds

of prostitution, other than the prostitute or the prostitute's minor child or a person

whom the prostitute is required by law to support, is presumed to be knowingly

inducing or intentionally causing another to remain a prostitute.

2. The offense is a class A felony if the actor intentionally causes another to remain a

prostitute by force, coercion, threat, or deception, or the prostitute is the actor's spouse

or ward, or a person for whose care, protection, or support the actor is responsible.

Otherwise it is a class C felony.
N.D. Cent. Code § 12.1-20-08 — ND Code / Title 12.1 / Chapter 12.1-20 / Section 12.1-20-08
12.1-20-08. Fornication
Status: in_force

12.1-20-08. Fornication

An individual is guilty of a class A misdemeanor if the individual engages in a sexual act in a

public place. A minor engaging in a sexual act is guilty of a class B misdemeanor, unless that

sexual act was committed against the minor in violation of sections 12.1-20-01 through

12.1-20-07.
N.D. Cent. Code § 12.1-23-08.4 — ND Code / Title 12.1 / Chapter 12.1-23 / Section 12.1-23-08.4
12.1-23-08.4. Duplication of keys
Status: in_force

12.1-23-08.4. Duplication of keys

1. Except as provided in subsection 2, no person shall duplicate or make a key from

another key marked with the words "Do Not Duplicate", "Do Not Copy", or words of

similar intent.

2. It shall be an affirmative defense to prosecution under subsection 1 that:

a. The person made or duplicated the key for his employer, solely for use within the

employer's place of business.

b. The person for whom the key was made or duplicated owns the lock which the

key fits.

3. Any person who violates any provision of this section is guilty of a class B

misdemeanor.
N.D. Cent. Code § 12.1-08-02 — ND Code / Title 12.1 / Chapter 12.1-08 / Section 12.1-08-02
12.1-08-02. Preventing arrest or discharge of other duties
Status: in_force

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

1. A person is guilty of a class A misdemeanor if, with intent to prevent a public servant

from effecting an arrest of himself or another for a misdemeanor or infraction, or from

discharging any other official duty, he creates a substantial risk of bodily injury to the

public servant or to anyone except himself, or employs means justifying or requiring

substantial force to overcome resistance to effecting the arrest or the discharge of the

duty. A person is guilty of a class C felony if, with intent to prevent a public servant

from effecting an arrest of himself or another for a class A, B, or C felony, he creates a

substantial risk of bodily injury to the public servant or to anyone except himself, or

employs means justifying or requiring substantial force to overcome resistance to

effecting such an arrest.

2. It is a defense to a prosecution under this section that the public servant was not

acting lawfully, but it is no defense that the defendant mistakenly believed that the

public servant was not acting lawfully. A public servant executing a warrant or other

process in good faith and under color of law shall be deemed to be acting lawfully.
N.D. Cent. Code § 12.1-17-02 — ND Code / Title 12.1 / Chapter 12.1-17 / Section 12.1-17-02
12.1-17-02. Aggravated assault
Status: in_force

12.1-17-02. Aggravated assault

1. Except as provided in subsection 2, a person is guilty of a class C felony if that person:

a. Willfully causes serious bodily injury to another human being;

b. Knowingly causes bodily injury or substantial bodily injury to another human

being with a dangerous weapon or other weapon, the possession of which under

the circumstances indicates an intent or readiness to inflict serious bodily injury;

c. Causes bodily injury or substantial bodily injury to another human being while

attempting to inflict serious bodily injury on any human being; or

d. Fires a firearm or hurls a destructive device at another human being.

2. The person is guilty of a class B felony if the person violates subsection 1 and the

victim:

a. Is under twelve years of age;

b. Is a peace officer or correctional institution employee acting in an official capacity,

which the actor knows to be a fact; or

c. Suffers permanent loss or impairment of the function of a bodily member or

organ.
N.D. Cent. Code § 12.1-15-03 — ND Code / Title 12.1 / Chapter 12.1-15 / Section 12.1-15-03
12.1-15-03. Traffic in intercepting devices
Status: in_force

12.1-15-03. Traffic in intercepting devices

1. A person is guilty of a class C felony if, within this state, he manufactures, assembles,

possesses, transports, or sells an electronic, mechanical, or other device, knowing that

the design of such device renders it primarily useful to the purpose of the surreptitious

interception of wire or oral communications.

2. A person is guilty of a class A misdemeanor if he places, in a newspaper, magazine,

handbill, or other publication published in this state, an advertisement of an electronic,

mechanical, or other device, knowing that the design of such device renders it

primarily useful for surreptitious interception of wire or oral communications, or

knowing that such advertisement promotes the use of such device for surreptitious

interception of wire or oral communications.

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

a. An officer, agent, or employee of, or a person under contract with, a

communications common carrier, acting within the normal course of the business

of the communications common carrier; or

b. A public servant acting in the course of his official duties or a person acting within

the scope of a government contract made by a person acting in the course of his

official duties.
N.D. Cent. Code § 12.1-31-03 — ND Code / Title 12.1 / Chapter 12.1-31 / Section 12.1-31-03
12.1-31-03. Sale of tobacco, electronic smoking devices, or alternative nicotine products to an individual under twenty-one years of age and use by an individual under twenty-one years of age prohibited
Status: in_force

12.1-31-03. Sale of tobacco, electronic smoking devices, or alternative nicotine

products to an individual under twenty-one years of age and use by an individual under

twenty-one years of age prohibited.

1. a. It is an infraction for any person to sell or furnish to an individual under

twenty-one years of age, or procure for an individual under twenty-one years of

age, cigarettes, cigarette papers, cigars, snuff, tobacco in any other form in which

it may be utilized for smoking or chewing, electronic smoking devices, or

alternative nicotine products. As used in this subdivision, "sell" includes

dispensing from a vending machine under the control of the actor.

b. It is an infraction for any person to display or offer for sale cigarettes, cigarette

papers, cigars, snuff, tobacco in any other form in which it may be utilized for

smoking or chewing, electronic smoking devices, or alternative nicotine products

through a self-service display. This subdivision does not apply to a:

(1) Vending machine or other coin-operated machine that is permitted under

section 12.1-31-03.1; or

(2) Self-service display that is located in a tobacco specialty store.

2. It is a noncriminal offense for an individual eighteen years of age or older but under

twenty-one years of age, and an infraction for an individual fourteen years of age or

older but under eighteen years of age, to purchase, possess, smoke, or use cigarettes,

cigars, cigarette papers, snuff, tobacco in any other form in which it may be utilized for

smoking or chewing, electronic smoking devices, or alternative nicotine products.

However, an individual under twenty-one years of age may purchase and possess

tobacco, electronic smoking devices, or alternative nicotine products as part of a

compliance survey program when acting with the permission of the individual's parent

or guardian and while acting under the supervision of any law enforcement authority. A

state agency, city, county, board of health, tobacco, electronic smoking devices, or

alternative nicotine products retailer, or association of tobacco, electronic smoking

devices, or alternative nicotine products retailers may also conduct compliance

surveys, after coordination with the appropriate local law enforcement authority.

3. Subsections 1 and 2 do not apply to an individual under twenty-one years of age who

possesses cigarettes, cigarette papers, cigars, snuff, tobacco in any other form in

which it may be used for smoking or chewing, electronic smoking devices, or

alternative nicotine products when required in the performance of the individual's

duties as an employee.

4. It is a noncriminal offense for an individual under twenty-one years of age to present or

offer to another individual a purported proof of age which is false, fraudulent, or not

actually that individual's own proof of age, for the purpose of attempting to purchase or

possess cigarettes, cigars, cigarette papers, snuff, tobacco in any other form in which

it may be utilized for smoking or chewing, electronic smoking devices, or alternative

nicotine products.

5. A city or county may adopt an ordinance or resolution regarding the sale of tobacco,

electronic smoking devices, or alternative nicotine products to individuals under

twenty-one years of age and use of tobacco, electronic smoking devices, or alternative

nicotine products by individuals under twenty-one years of age which includes

prohibitions in addition to those in subsection 1, 2, or 4. Any ordinance or resolution

adopted must include provisions deeming a violation of subsection 2 or 4 a

noncriminal violation and must provide for a fee of not less than twenty-five dollars for

an individual fourteen years of age or older who has been charged with an offense

under subsection 2 or 4. The failure to post a required bond or pay an assessed fee by

an individual found to have violated the ordinance or resolution is punishable as a

contempt of court, except an individual under twenty-one years of age may not be

imprisoned for the contempt.

6. An individual fourteen years of age or older but under eighteen years of age found to

have violated subsection 2 or 4 has committed an infraction and must be sent to

juvenile court. An individual eighteen years of age or older but under twenty-one years

of age found to have violated subsection 2 or 4 must pay a fee of twenty-five dollars.

a. Any individual who has been cited for a violation of subsection 2 or 4 may appear

before a court of competent jurisdiction and pay the fee by the time scheduled for

a hearing, or if bond has been posted, may forfeit the bond by not appearing at

the scheduled time. An individual appearing at the time scheduled in the citation

may make a statement in explanation of that individual's action and the judge

may waive, reduce, or suspend the fee or bond, or both. If the individual cited

follows the procedures of this subdivision, that individual has admitted the

violation and has waived the right to a hearing on the issue of commission of the

violation. The bond required to secure appearance before the court must be

identical to the fee. This subdivision does not allow a citing officer to receive the

fee or bond.

b. If an individual cited for a violation of subsection 2 or 4 does not choose to follow

the procedures provided under subdivision a, that individual may request a

hearing on the issue of the commission of the violation cited. The hearing must

be held at the time scheduled in the citation or at some future time, not to exceed

ninety days later, set at that first appearance. At the time of a request for a

hearing on the issue on commission of the violation, the individual cited shall

deposit with the court an appearance bond equal to the fee for the violation cited.

c. The failure to post bond or to pay an assessed fee is punishable as a contempt of

court, except an individual may not be imprisoned for the contempt.

7. The prosecution must prove the commission of a cited violation under subsection 2

or 4 by a preponderance of the evidence.

8. A law enforcement officer that cites a minor for violation of this section shall mail a

notice of the violation to the parent or legal guardian of the minor within ten days of the

citation.

9. A person adjudged guilty of contempt for failure to pay a fee or fine may be sentenced

by the court to a sanction or order designed to ensure compliance with the payment of

the fee or fine or to an alternative sentence or sanction including community service.

10. As used in this section:

a. "Alternative nicotine product" means any noncombustible product containing

nicotine that is intended for human consumption, whether chewed, absorbed,

dissolved, or ingested by any other means. The term does not include any

cigarette, cigar, snuff, tobacco in any other form in which it may be utilized for

smoking or chewing, any electronic smoking device, or any product regulated as

a drug or device by the United States food and drug administration under

chapter V of the Federal Food, Drug, and Cosmetic Act [21 U.S.C 501 et seq.].

b. "Electronic smoking device" means any electronic product that delivers nicotine

or other substances to the individual inhaling from the device, including, an

electronic cigarette, e-cigar, e-pipe, vape pen, or e-hookah. Electronic smoking

device includes any component, part, or accessory of such a product, whether or

not sold separately. Electronic smoking device does not include drugs, devices,

or combination products approved for sale by the United States food and drug

administration, as those terms are defined in the Federal Food, Drug and

Cosmetic Act [52 Stat. 1040; 21 U.S.C. 301 et seq.].

c. "Self-service display" means a display that contains cigarettes, cigarette papers,

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

chewing, electronic smoking devices, or alternative nicotine products and is

located in an area that is openly accessible to the retailer's customers, and from

which customers can readily access those products without the assistance of a

salesperson. A display case that holds those products behind locked doors does

not constitute a self-service display.

d. "Tobacco specialty store" means a retail store that:

(1) Derives at least seventy-five percent of its revenue from the sale of

cigarettes, cigarette papers, cigars, snuff, tobacco in any other form in which

it may be utilized for smoking or chewing, electronic smoking devices, or

alternative nicotine products; and

(2) Does not permit minors to enter the premises unless accompanied by a

parent or legal guardian.

e. "Vending machine" means a machine, appliance, or other mechanical device

operated by currency, token, debit card, credit card, or other means of payment

that is designed or used for vending purposes, including machines or devices that

use remote control locking mechanisms.
N.D. Cent. Code § 12.1-02-03 — ND Code / Title 12.1 / Chapter 12.1-02 / Section 12.1-02-03
12.1-02-03. Mistake of fact in affirmative defenses
Status: in_force

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

Unless otherwise expressly provided, a mistaken belief that the facts which constitute an

affirmative defense exist is not a defense.
N.D. Cent. Code § 12.1-09-05 — ND Code / Title 12.1 / Chapter 12.1-09 / Section 12.1-09-05
12.1-09-05. Eavesdropping on jury deliberations
Status: in_force

12.1-09-05. Eavesdropping on jury deliberations

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

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

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

while such jury is deliberating or voting.

2. This section shall not apply to the taking of notes by a juror in connection with and

solely for the purpose of assisting him in the performance of his official duties. Nor

does this section apply to a person studying the jury process in the manner provided

by statute, and under the control and supervision of the court. Inapplicability under this

subsection is a defense.

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

petit juror.
N.D. Cent. Code § 12.1-31-11 — ND Code / Title 12.1 / Chapter 12.1-31 / Section 12.1-31-11
12.1-31-11. False representation of marital status
Status: in_force

12.1-31-11. False representation of marital status

An individual is guilty of a class B misdemeanor if the individual lives openly and notoriously

with an individual of the opposite sex as a married couple without being married to the other

individual and falsely represents the couple's status as being married to each other.
N.D. Cent. Code § 12.1-21.1-02 — ND Code / Title 12.1 / Chapter 12.1-21.1 / Section 12.1-21.1-02
12.1-21.1-02. Animal facility - Damage or destruction
Status: in_force

12.1-21.1-02. Animal facility - Damage or destruction

No person without the effective consent of the owner may:

1. Intentionally damage or destroy an animal facility, an animal or property in or on the

animal facility, or any enterprise conducted at the animal facility.

2. Acquire or otherwise exercise control over an animal facility or an animal or other

property from an animal facility with the intent to deprive the owner and to damage the

enterprise conducted at the facility.

3. Enter an animal facility, not then open to the public, with intent to commit an act

prohibited by this section.

4. Enter an animal facility and remain concealed with intent to commit an act prohibited

by this section.

5. Enter an animal facility and commit or attempt to commit an act prohibited by this

section.

6. Enter an animal facility and use or attempt to use a camera, video recorder, or any

other video or audio recording equipment.

7. Intentionally turn out or release any animal in or on an animal facility.

This section does not apply to lawful activities of a governmental agency carrying out its duties

under law.
N.D. Cent. Code § 12.1-11-01 — ND Code / Title 12.1 / Chapter 12.1-11 / Section 12.1-11-01
12.1-11-01. Perjury
Status: in_force

12.1-11-01. Perjury

1. A person is guilty of perjury, a class C felony, if, in an official proceeding, the person

makes a false statement under oath or equivalent affirmation, or swears or affirms the

truth of a false statement previously made, when the statement is material and the

person does not believe the statement to be true.

2. Commission of perjury need not be proved by any particular number of witnesses or

by documentary or other types of evidence.

3. If in the course of one or more official proceedings, the defendant made a statement

under oath or equivalent affirmation inconsistent with another statement made by the

defendant under oath or equivalent affirmation to the degree that one of them is

necessarily false, both having been made within the period of the statute of limitations,

the prosecution may set forth the statements in a single count alleging in the

alternative that one or the other was false and not believed by the defendant to be

true. Proof that the defendant made such statements constitutes a prima facie case

that one or the other of the statements was false, but in the absence of sufficient proof

of which statement was false, the defendant may be convicted under this section only

if each of such statements was material to the official proceeding in which it was made.

4. For purposes of this section, "false statement under oath or equivalent affirmation"

includes a writing made in accordance with chapters 31-14 and 31-15.
N.D. Cent. Code § 12.1-41-21 — ND Code / Title 12.1 / Chapter 12.1-41 / Section 12.1-41-21
12.1-41-21. Forced or coerced abortion
Status: in_force

12.1-41-21. Forced or coerced abortion

1. As used in this section:

a. "Forces or coerces" means committing, attempting to commit, or threatening to

commit physical harm to the woman, the unborn child, or another individual

intended to compel a victim of an offense under section 12.1-41-02, 12.1-41-03,

or 12.1-41-04 to have an abortion performed against her will.

b. "Threat" means at least one statement, or a course of conduct by the defendant,

which places one in reasonable apprehension that the individual will follow

through with the statement or act as implied by the defendant's course of

conduct. The term does not include constitutionally protected speech or any

generalized statement regarding a lawful pregnancy option.

2. A forced or coerced abortion during the commission of an offense under section

12.1-41-02, 12.1-41-03, or 12.1-41-04 occurs when the defendant forces or coerces a

victim of the offense 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.

4. If the trier of fact finds that a forced or coerced abortion occurred during the

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

court may sentence the defendant to be imprisoned for up to five years in addition to

the period of imprisonment prescribed for the offense.
N.D. Cent. Code § 12.1-27.1-01 — ND Code / Title 12.1 / Chapter 12.1-27.1 / Section 12.1-27.1-01
12.1-27.1-01. Obscenity - Definitions - Dissemination - Classification of offenses
Status: in_force

12.1-27.1-01. Obscenity - Definitions - Dissemination - Classification of offenses

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

disseminates obscene material or if the person produces, transports, or sends

obscene material with intent that it be disseminated.

2. A person is guilty of a class C felony if the person presents or directs an obscene

performance for pecuniary gain or participates in any portion of a performance which

contributes to the obscenity of the performance as a whole.

3. A person is guilty of a class C felony if the person, as owner or manager of an

establishment licensed under section 5-02-01, permits an obscene performance in the

establishment. A person is guilty of a class C felony if that person participates, whether

or not for compensation, in an obscene performance in an establishment licensed

under section 5-02-01.

4. a. In addition to the penalty provided in subsection 1, 2, or 3, any person who

violates subsection 1, 2, or 3 in the course of a commercial or for-profit activity or

transaction in which the offender had or shared ownership, control, managerial

responsibility, or a financial interest other than wages is subject to the following

penalty:

(1) For an individual, a fine not to exceed ten thousand dollars; or

(2) For a corporation, limited liability company, association, partnership, or other

legal entity, a fine not to exceed twenty-five thousand dollars.

b. In addition to the penalty provided in subsection 1, 2, or 3, the court shall impose

the following penalty upon the conviction of a person or entity described in

subdivision a for a second or subsequent offense under subsection 1, 2, or 3:

(1) For an individual, a fine not to exceed fifty thousand dollars; or

(2) For a corporation, limited liability company, association, partnership, or other

legal entity, a fine not to exceed one hundred thousand dollars.

5. As used in this chapter, the terms "obscene material" and "obscene performance"

mean material or a performance which:

a. Taken as a whole, the average person, applying contemporary North Dakota

standards, would find predominantly appeals to a prurient interest;

b. Depicts or describes in a patently offensive manner sexual conduct, whether

normal or perverted; and

c. Taken as a whole, the reasonable person would find lacking in serious literary,

artistic, political, or scientific value.

Whether material or a performance is obscene must be judged with reference to

ordinary adults, unless it appears from the character of the material or the

circumstances of its dissemination that the material or performance is designed for

minors or other specially susceptible audience, in which case the material or

performance must be judged with reference to that type of audience.

6. As used in this chapter, "disseminate" means to sell, lease, rent, advertise, broadcast,

transmit, exhibit, or distribute for pecuniary gain. "Disseminate" includes any

transmission of visual material shown on a cable television system, whether or not

accompanied by a soundtrack, and any sound recording played on a cable television

system.

7. As used in this chapter, the term "material" means any physical object, including, but

not limited to, any type of book, sound recording, film, or picture used as a means of

presenting or communicating information, knowledge, sensation, image, or emotion to

or through a human being's receptive senses.

8. As used in this chapter, the term "patently offensive" means so offensive on its face as

to affront the contemporary North Dakota standards of decency.

9. As used in this chapter, the term "performance" means any play, dance, or other

exhibition presented before an audience.

10. As used in this chapter, the term "prurient interest" means a voyeuristic, lascivious,

degrading, shameful, or morbid interest in nudity, sex, or excretion that goes

substantially beyond customary limits of candor in description or representation of

those matters.

11. As used in this chapter, the term "sexual conduct" means actual or simulated:

a. Sexual intercourse;

b. Sodomy;

c. Sexual bestiality;

d. Masturbation;

e. Sadomasochistic abuse;

f. Excretion; or

g. Lewd exhibition of the male or female genitals.

As used in this subsection, the term "sodomy" means contact between the penis and

the anus, the mouth and the penis, the mouth and the vulva, or the mouth and the

anus. As used in this subsection, the term "sadomasochistic abuse" means a depiction

or description of flagellation or torture by or upon a person who is nude or clad in

undergarments or in a bizarre or revealing costume; or the condition of being fettered,

bound, or otherwise physically restrained on the part of one so clothed.

12. As used in this chapter, the term "book" means any book, magazine, pamphlet,

newspaper, or other article made out of paper and containing printed, typewritten, or

handwritten words.

13. As used in this chapter, "sexually expressive image" means a real, altered, or

computer-generated photograph or visual representation that exhibits a nude or

partially denuded human figure, as defined in section 12.1-27.1-03.1, or sexual

conduct.
N.D. Cent. Code § 12.1-20-16 — ND Code / Title 12.1 / Chapter 12.1-20 / Section 12.1-20-16
12.1-20-16. Appointment of a guardian ad litem in prosecution for sex offenses
Status: in_force

12.1-20-16. Appointment of a guardian ad litem in prosecution for sex offenses

A minor or an individual with a developmental disability who is a material or prosecuting

witness in a criminal proceeding involving an act in violation of sections 12.1-20-01 through

12.1-20-08, section 12.1-20-11, or chapter 12.1-41, may, at the discretion of the district court,

have the witness' interests represented by a guardian ad litem at all stages of the proceedings

arising from the violation. The appointment may be made upon the order of the court on its own

motion or at the request of a party to the action. The guardian ad litem may, but need not, be a

licensed attorney and must be designated by the court after due consideration is given to the

desires and needs of the minor or the individual with a developmental disability. An individual

who is also a material witness or prosecuting witness in the same proceeding may not be

designated guardian ad litem. The guardian ad litem must receive notice of and may attend all

depositions, hearings, and trial proceedings to support the minor or the individual with a

developmental disability and advocate for the protection of the minor or the individual with a

developmental disability but may not separately introduce evidence or directly examine or

cross-examine witnesses. The expenses of the guardian ad litem, when approved by the judge,

must be paid by the supreme court. The state shall also pay the expenses of the guardian ad

litem in commitment proceedings held in district court pursuant to chapter 25-03.1.
N.D. Cent. Code § 12.1-11-06 — ND Code / Title 12.1 / Chapter 12.1-11 / Section 12.1-11-06
12.1-11-06. Public servant refusing to perform duty
Status: in_force

12.1-11-06. Public servant refusing to perform duty

Any public servant who knowingly refuses to perform any duty imposed upon him by law is

guilty of a class A misdemeanor.
N.D. Cent. Code § 12.1-34-02 — ND Code / Title 12.1 / Chapter 12.1-34 / Section 12.1-34-02
12.1-34-02. Fair treatment standards for victims and witnesses
Status: in_force

12.1-34-02. Fair treatment standards for victims and witnesses

Victims and witnesses of crime must be afforded the following rights where applicable:

1. Informed by those entities that have contact with the victim or witness as to the

availability of and the methods available for registration with the statewide automated

victim information and notification system. Those entities include law enforcement,

prosecuting attorneys, the courts, and custodial authorities. A victim or witness who

clearly objects to registration may not be required to register with the system or must

be able to opt out of the system. A victim has the right to:

a. Prevent the disclosure of confidential or privileged information about the victim or

the victim's family; and

b. Be notified of any request for identifying information or confidential or privileged

information about the victim or victim's family.

2. Informed as to status of investigation. Victims and witnesses, upon request, must be

informed by law enforcement authorities investigating a criminal case of the status of

the investigation, except where the prosecuting attorney or law enforcement authority

determines that to disclose such information would unreasonably interfere with the

investigation, until such time as the alleged offender is apprehended or the

investigation is closed. A victim, upon request, must be allowed to confer with the

prosecuting attorney.

3. Informed as to criminal charges filed. Victims must be promptly informed by the

prosecuting attorney of any criminal charges, arising from an incident in which the

person was a victim, filed against any person arrested. The prosecuting attorney shall

also provide a brief statement in nontechnical language of the procedural steps

involved in the processing of a criminal case. Victims must also be informed by the

prosecuting attorney of the pretrial status of each person arrested, including bail and

any pretrial release conditions.

4. Notice of pretrial release.

a. Registered victims must be given prompt notice of any hearing in which the

arrested person's pretrial release status will be determined. If the alleged offender

is scheduled to be released prior to an appearance in court, prompt notice must

be given to the registered victim and witness.

b. Victims who are not registered must be given prompt notice, by the law

enforcement agency that has made an arrest in any case involving a crime of

violence, of any hearing in which the arrested person's pretrial release status will

be determined. If the alleged offender in a crime of violence is scheduled to be

released before an appearance in court, the custodial authority shall give prompt

notice to the victim and witness or, if unavailable, to the arresting law

enforcement agency, which shall provide the notice to the victim or witness. The

law enforcement agency or custodial authority may fulfill its obligation to notify by

registering the victim with the system.

c. Victims and witnesses must be informed by the prosecuting attorney of the

methods for enforcing any pretrial release conditions including information as to

the level of protection available from law enforcement in the case of harm,

threats, or intimidation made to the victim or witness.

5. Notice as to victims' and witnesses' participation in court proceedings. Victims must be

informed by the prosecuting attorney of all court proceedings in a reasonable time

prior to the proceedings. Witnesses must be informed by the prosecuting attorney of

all court proceedings at which their presence is required in a reasonable time prior to

the proceedings and informed in nontechnical language of the procedural steps

involved in the processing of a criminal case. Victims and witnesses must be notified

by the prosecuting attorney of the cancellation of any scheduled court proceeding in

sufficient time to prevent an unnecessary appearance in court. All victims and

witnesses shall provide the prosecuting attorney with current information as to address

and telephone number, such information to be kept confidential subject to other

provisions of this chapter. The notice given by the prosecuting attorney to the victims

and witnesses must be given by any means reasonably calculated to give prompt

notice.

6. Services available. Victims and witnesses must be informed by the prosecuting

attorney and arresting law enforcement agency of all appropriate and available public

or private programs that provide counseling, treatment, or support for victims and

witnesses, including rape crisis centers, victim and witness assistance programs,

elderly victim services, victim assistance hotlines, social service agencies, and

domestic violence programs. Victims and witnesses must be informed of the right to

seek the advice of an attorney. The prosecuting attorney and law enforcement

authority shall advise victims eligible for services of the relevant provisions of chapter

54-23.4.

7. Employer intercession. Victims and witnesses upon request must be provided by the

prosecuting attorney with appropriate employer intercession services to ensure that

employers of victims and witnesses will cooperate with the criminal justice process in

order to minimize an employee's loss of pay and other benefits resulting from court

appearances.

8. Witness fee. Witnesses must be informed by the prosecuting attorney or the court of

the procedures to be followed in order to apply for and receive any witness fee to

which they are entitled under law.

9. Return of property. Victims shall have any personal property that was stolen or taken

for evidentiary purposes, except contraband, property subject to evidentiary analysis,

and property the ownership of which is disputed, returned by the court, prosecuting

attorney, or law enforcement agency within ten days after its taking or recovery if it is

not needed for law enforcement, prosecution, or defense purposes or as expeditiously

as possible when the property is no longer needed for law enforcement, prosecution,

or defense purposes. If there is a defendant, the prosecuting attorney shall notify the

defendant of the intent to return the property to the owner. Upon a motion made by the

defendant and upon good cause shown that the property contains exculpatory

evidence of the defendant's innocence, the court may order the law enforcement

personnel in possession of the property not to release it to the owner.

10. Waiting area. Victims and witnesses must be provided by prosecuting attorneys and

defense attorneys as assisted by the court with a waiting area separate from the

defendant, defendant's relatives and friends, and defense witnesses if such an area is

available and the use of the area is practical. If a separate waiting area is not available

or practical, the court shall provide other safeguards to minimize the victims' and

witnesses' contact with the defendant, defendant's relatives and friends, and defense

witnesses during court proceedings.

11. Protection of identifying information. Victims and witnesses may not be compelled to

testify at any pretrial proceeding or at trial for purposes of identifying the victims' or

witnesses' address, telephone number, place of employment, or other personal

identification except for name without the victims' or witnesses' consent, unless there

is a showing of good cause as determined by the court. Records of a criminal justice

agency as defined by section 44-04-18.7, a correctional facility as defined in section

12-44.1-01, and the department of corrections and rehabilitation containing the

address, telephone number, place of employment, or other information that could be

used to locate the victim or witness to a crime, are exempt.

12. Right to be present throughout trial. The victim must be informed by the prosecuting

attorney of the victim's right to be present throughout the trial of the defendant, except

as provided by rule 615 of the North Dakota Rules of Evidence.

13. Prompt disposition of case. Victims and witnesses must be informed by the

prosecuting attorney of their rights to a prompt disposition of the cases in which they

are involved as victims or witnesses as defined by the docket currency standards of

the North Dakota supreme court.

14. Notice as to scheduling of hearing. Registered victims must be informed of the date,

time, and place of hearing at which a plea of guilty or not guilty will be entered and of a

sentencing hearing. Victims who are not registered must be given the same

information by the prosecuting attorney. The prosecuting attorney shall explain to and

consult with the victim in nontechnical language details of any potential plea

agreement or verdict.

15. Victim impact statement. The victim must be informed by the prosecuting attorney,

prior to sentencing, of the victim's right to submit or make a written impact statement to

the court in any criminal case. If a presentence investigation is ordered, the probation

officer assigned the report shall include this information in the report. This statement

may include an explanation by the victim of the nature and extent of any physical,

psychological, or emotional harm or trauma suffered by the victim; an explanation of

the extent of any economic loss or property damage suffered by the victim; an opinion

of the need for and extent of restitution; and the victim's recommendation for an

appropriate sentence. The prosecuting attorney shall advise all victims that the

presentence report is subject to review by the defendant and that the report will

include the victim's statement. If the sentencing court does not order a presentence

investigation, the victim may submit a written impact statement, under oath, to the

office of the state's attorney which statement must be submitted to the sentencing

court. The victim of violent crime may appear in court to make an oral crime impact

statement at the sentencing of the defendant in appropriate circumstances at the

discretion of the judge. This oral statement must be made under oath and is subject to

cross-examination.

16. Notice of final disposition and parole procedures. Registered victims and witnesses

must be informed of the final disposition of any criminal case. Victims who are not

registered must be given the same notice by the prosecuting attorney. The prosecuting

attorney shall explain to the victim the parole process and pardon process and further

advise the victim of the necessity of advising the custodial authority and the parole

board and the pardon clerk of the victim's address in order for the victim to receive

further information under other provisions of this chapter.

17. Prompt notice of custodial release. Registered victims and witnesses must be

informed whenever a criminal defendant receives a temporary, provisional, or final

release from custody or whenever the defendant escapes from custody. Victims who

are not registered must be given the same notice by the appropriate custodial

authority. Notification must include the transfer of the defendant to a work-release or

education release program, a community residential program, or transfer to a mental

health facility. All notices to the registered victim and witnesses concerning this release

information must be within a reasonable time prior to the defendant's release or

transfer. The notice given by the custodial authority must be given by any means

reasonably calculated to give prompt notice.

18. Participation in parole board and pardon decision. Victims may submit a written

statement for consideration by the parole board, the governor, or the pardon advisory

board, if one has been appointed, prior to the parole board, the governor, or the

pardon advisory board taking any action on a defendant's request for parole or pardon.

A victim statement made under this subsection is a confidential record and may be

disclosed only to the parole board, the governor, the pardon advisory board, or their

authorized representative. Victims of violent crimes may at the discretion of the parole

board, the governor, or the pardon advisory board personally appear and address the

parole board, the governor, or the pardon advisory board. Victim testimony and written

statements under this subsection are confidential and may be disclosed only to the

parole board, the governor, the pardon advisory board, or their authorized

representative. Notice must be given by the parole board, pardon clerk, or authorized

representative informing the registered victim of the pending review. The registered

victim must be provided notice of the decision of the parole board or of the governor

and the recommendations of the pardon advisory board, if any, and, if applicable,

notice of the date of the prisoner's release on parole or the prisoner's pardon,

conditional pardon, reprieve, commutation, or remission of fine. Notice must be given

within a reasonable time after the parole board or the governor makes a decision but

in any event before the parolee's or pardoned prisoner's release from custody.

19. Victims and witnesses of crimes committed by juveniles are entitled to the same rights

under this chapter in juvenile delinquency proceedings as in any other proceeding. In

addition, every victim or a witness who is a minor is entitled to have that person's

spouse, parent, guardian, and no more than two other designated adults present with

that person during any juvenile delinquency proceedings.

20. Access to law enforcement report. Upon request of the child sexual abuse victim over

the age of eighteen, the prosecuting attorney or law enforcement authority shall

provide the victim with a copy of the law enforcement report corresponding with the

victim's case number.

21. Preservation of evidence. A prosecuting attorney, law enforcement authority, criminal

laboratory, or evidentiary storage facility may not destroy or dispose of any evidence to

a criminal offense before the limitation period for prosecution for the offense has ended

or the offense has been adjudicated.

22. If the victim is deceased, incompetent, incapacitated, or a minor, the victim's spouse,

parent, grandparent, child, sibling, grandchild, or guardian, and any person with a

relationship to the victim which is substantially similar to a listed relationship, may

exercise the rights granted to a victim under this chapter.
N.D. Cent. Code § 12.1-23.1-01 — ND Code / Title 12.1 / Chapter 12.1-23.1 / Section 12.1-23.1-01
12.1-23.1-01. Theft of cable television services - Penalty
Status: in_force

12.1-23.1-01. Theft of cable television services - Penalty

A person is guilty of a class B misdemeanor if the person:

1. Knowingly obtains or attempts to obtain cable television service from another by any

means, artifice, trick, deception, or device without the payment to the cable television

operator of all lawful compensation for each type of service obtained;

2. Knowingly assists or instructs any other person in obtaining or attempting to obtain any

cable television service without the payment to the cable television operator of all

lawful compensation for each type of service obtained or attempted to be obtained;

3. Knowingly tampers, diverts from, or connects to by any means, whether mechanical,

electrical, acoustical or other means, any cables, wires, or other devices used for the

distribution of cable television without authority from the cable television operator; or

4. Knowingly manufactures, imports into this state, distributes, sells, offers for sale or

rental, possesses for sale, or advertises for sale, any device, plan or kit for a device, or

printed circuit, designed to unlock, decode, descramble, or otherwise make intelligible

any locked, encoded, scrambled, or other nonstandard signal carried by the cable

television system, thereby facilitating the doing of any acts specified in subsections 1,

2, and 3.
N.D. Cent. Code § 12.1-06-05 — ND Code / Title 12.1 / Chapter 12.1-06 / Section 12.1-06-05
12.1-06-05. General provisions
Status: in_force

12.1-06-05. General provisions

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

another offense also defined in sections 12.1-06-01 to 12.1-06-04.

2. Whenever "attempt" or "conspiracy" is made an offense outside this chapter, it means

attempt or conspiracy, as the case may be, as defined in this chapter.

3. a. Other than as provided in subsection 4, in a prosecution under section

12.1-06-01, it is an affirmative defense that, under circumstances manifesting a

voluntary and complete renunciation of criminal intent, the defendant avoided the

commission of the crime attempted by abandoning any criminal effort and, if mere

abandonment was insufficient to accomplish such avoidance, by taking further

and affirmative steps which prevented the commission thereof.

b. Other than as provided in subsection 4, in a prosecution under section 12.1-06-03

or 12.1-06-04, it is an affirmative defense that, under circumstances manifesting a

voluntary and complete renunciation of criminal intent, the defendant prevented

the commission of the crime solicited or of the crime or crimes contemplated by

the conspiracy.

c. A renunciation is not "voluntary and complete" within the meaning of this section if

it is motivated in whole or in part by (1) a belief that a circumstance exists which

increases the probability of detection or apprehension of the defendant or another

participant in the criminal operation, or which makes more difficult the

consummation of the crime, or (2) a decision to postpone the criminal conduct

until another time or to substitute another victim, or another but similar objective.

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

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

intent;

b. The individual is a student enrolled in an elementary school, middle school, or a

high school in this state or is enrolled at an institution of higher education in this

state;

c. The offense would have resulted in:

(1) Harm to another student enrolled in an elementary school, middle school, or

a high school in this state;

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

state;

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

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

(5) Damage to property of a school district in this state or property of an

institution of higher education in this state; and

d. The renunciation was given to a law enforcement officer, to an administrator of a

school or school district in this state, or to an official of an institution of higher

education in this state before any harm to others or damage to property occurs.
N.D. Cent. Code § 12.1-21-06 — ND Code / Title 12.1 / Chapter 12.1-21 / Section 12.1-21-06
12.1-21-06. Tampering with or damaging a critical infrastructure facility or a public service - Penalty
Status: in_force

12.1-21-06. Tampering with or damaging a critical infrastructure facility or a public

service - Penalty.

1. An individual may not cause a substantial interruption or impairment of a critical

infrastructure facility or a public service by:

a. Tampering with or damaging the tangible property of another;

b. Incapacitating an operator of a critical infrastructure facility or a public service;

c. Damaging, destroying, vandalizing, defacing, or tampering with equipment in a

critical infrastructure facility;

d. Damaging, destroying, vandalizing, defacing, impeding, inhibiting, or tampering

with the operations of a critical infrastructure facility; or

e. Interfering, inhibiting, impeding, or preventing the construction or repair of a

critical infrastructure facility.

2. A violation of this section is a class C felony if the actor engages in the conduct

intentionally and a class A misdemeanor if the actor engages in the conduct knowingly

or recklessly. Otherwise it is a class B misdemeanor.

3. This section does not apply to an employee or contractor acting within the scope of the

employee's or contractor's employment. As used in this subsection, "employee or

contractor" means any person hired or under contract to provide services to a critical

infrastructure facility or public service.

4. An organization that has pled guilty or been convicted of a violation under section

12.1-06-04 for conspiring with an individual who has pled guilty or been convicted

under subsection 1 must be assessed a fine equivalent to the penalty authorized by

subsection 2 for each individual who has pled guilty or been convicted under

subsection 1, not to exceed one hundred thousand dollars.

5. This section may not be construed to prevent or prohibit lawful assembly and peaceful

and orderly petition for the redress of grievances, including a labor dispute between an

employer and its employee.

6. As used in this section, "critical infrastructure facility" includes:

a. A petroleum or alumina refinery;

b. An electrical power generating facility, substation, switching station, electrical

control center, or electric power line and associated equipment infrastructure;

c. A chemical, polymer, or rubber manufacturing facility;

d. A drinking water source, water transmission line, water treatment plant, water

distribution system, ground water monitoring well, waste water treatment plant, or

waste water collection system;

e. A natural gas compressor station;

f. A liquid natural gas terminal or storage facility;

g. Wireline telecommunications and internet infrastructure, including central offices,

fiber optic lines, cable lines, and all additional equipment associated with the

provision of broadband or telecommunication services;

h. Wireless telecommunications infrastructure, including a cell tower, telephone pole

or line, including a fiber optic line;

i. A port, railroad switching yard, railroad track, trucking terminal, or other freight

transportation facility;

j. A gas processing plant, including a plant used in the processing, treatment, or

fractionation of natural gas or a natural gas liquid;

k. A transmission facility used by a federally licensed radio or television station;

l. A steel-making facility using an electric arc furnace to make steel;

m. A facility identified and regulated by the United States department of homeland

security chemical facility anti-terrorism standards program;

n. A dam regulated by the state or federal government;

o. A natural gas transmission or distribution utility facility, including a pipeline

interconnection, a city gate or town border station, a metering station, below or

aboveground piping, a regulator station, and a natural gas storage facility;

p. A crude oil or refined product storage and distribution facility, including a valve

site, pipeline interconnection, pump station, metering station, below or

aboveground pipeline or piping, and a truck loading or offloading facility;

q. Any below or aboveground portion of an oil, gas, hazardous liquid, or chemical

pipeline, tank, railroad facility, or other storage facility;

r. An oil and gas production site; and

s. A site or location designated or approved for the construction of a facility

described in this subsection.
N.D. Cent. Code § 12.1-41-08.1 — ND Code / Title 12.1 / Chapter 12.1-41 / Section 12.1-41-08.1
12.1-41-08.1. Prohibited acts - Mandatory terms of imprisonment
Status: in_force

12.1-41-08.1. Prohibited acts - Mandatory terms of imprisonment

A person who violates a provision of this chapter is subject to mandatory minimum

sentencing requirements to be served without the benefit of parole as follows:

1. For a class AA felony, the court shall impose a minimum sentence of twenty years'

imprisonment.

2. For a class A felony, the court shall impose a minimum sentence of ten years'

imprisonment.

3. For a class B felony, the court shall impose a minimum sentence of five years'

imprisonment.
N.D. Cent. Code § 12.1-11-02 — ND Code / Title 12.1 / Chapter 12.1-11 / Section 12.1-11-02
12.1-11-02. False statements
Status: in_force

12.1-11-02. False statements

1. A person is guilty of a class A misdemeanor if, in an official proceeding, he makes a

false statement, whether or not material, under oath or equivalent affirmation, or

swears or affirms the truth of such a statement previously made, if he does not believe

the statement to be true.

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

a. Makes a false written statement, when the statement is material and he does not

believe it to be true;

b. Intentionally creates a false impression in a written application for a pecuniary or

other benefit, by omitting information necessary to prevent a material statement

therein from being misleading;

c. Submits or invites reliance on any material writing which he knows to be forged,

altered, or otherwise lacking in authenticity;

d. Submits or invites reliance on any sample, specimen, map, boundarymark, or

other object which he knows to be false in a material respect; or

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

respect.

3. This section does not apply to information given during the course of an investigation

into possible commission of an offense unless the information is given in an official

proceeding or the declarant is otherwise under a legal duty to give the information.

Inapplicability under this subsection is a defense.

4. A matter is a "governmental matter" if it is within the jurisdiction of a government office

or agency, or of an office, agency, or other establishment in the legislative or the

judicial branch of government.
N.D. Cent. Code § 12.1-23-08.3 — ND Code / Title 12.1 / Chapter 12.1-23 / Section 12.1-23-08.3
12.1-23-08.3. Dealing in stolen property
Status: in_force

12.1-23-08.3. Dealing in stolen property

1. A person is guilty of the offense of dealing in stolen property if he:

a. Traffics in, or endeavors to traffic in, the property of another that has been stolen;

or

b. Initiates, organizes, plans, finances, directs, manages, or supervises the theft and

trafficking in the property of another that has been stolen.

2. A person who commits the offense of dealing in stolen property in violation of:

a. Subdivision a of subsection 1 shall be guilty of a class C felony; or

b. Subdivision b of subsection 1 shall be guilty of a class B felony.
N.D. Cent. Code § 12.1-23-14 — ND Code / Title 12.1 / Chapter 12.1-23 / Section 12.1-23-14
12.1-23-14. Detention of persons suspected of unlawful use or removal of theft detection devices - Reasonable cause
Status: in_force

12.1-23-14. Detention of persons suspected of unlawful use or removal of theft

detection devices - Reasonable cause.

1. The activation of an antishoplifting or inventory control device as a result of a person

exiting the establishment or a protected area within the establishment constitutes

reasonable cause for the detention of the person exiting by the owner or operator of

the establishment or by an agent or employee of the owner or operator, provided

sufficient notice has been posted to advise the patrons that the device is being utilized.

Each detention must be made in a reasonable manner and only for a reasonable

period of time sufficient for any inquiry into the circumstances surrounding the

activation of the device or for the recovery of goods.

2. If the taking into custody and detention of the person by a law enforcement officer,

security officer, merchant, or merchant's employee is done in compliance with the

requirements of this section, the law enforcement officer, security officer, merchant, or

merchant's employee may not be held criminally or civilly liable, including any liability

for false arrest, false imprisonment, unlawful detention, malicious prosecution,

intentional infliction of emotional distress, or defamation.
N.D. Cent. Code § 12.1-06-03 — ND Code / Title 12.1 / Chapter 12.1-06 / Section 12.1-06-03
12.1-06-03. Criminal solicitation
Status: in_force

12.1-06-03. Criminal solicitation

1. A person is guilty of criminal solicitation if he commands, induces, entreats, or

otherwise attempts to persuade another person to commit a particular felony, whether

as principal or accomplice, with intent to promote or facilitate the commission of that

felony, under circumstances strongly corroborative of that intent, and if the person

solicited commits an overt act in response to the solicitation.

2. It is a defense to a prosecution under this section that, if the criminal object were

achieved, the defendant would be a victim of the offense, or the offense is so defined

that his conduct would be inevitably incident to its commission, or he otherwise would

not be guilty under the statute defining the offense or as an accomplice under section

12.1-03-01.

3. It is no defense to a prosecution under this section that the person solicited could not

be guilty of the offense because of lack of responsibility or culpability, or other

incapacity or defense.

4. Criminal solicitation is an offense of the class next below that of the offense solicited.
N.D. Cent. Code § 12.1-31-06 — ND Code / Title 12.1 / Chapter 12.1-31 / Section 12.1-31-06
12.1-31-06. Volatile chemicals - Inhalation of vapors prohibited - Definitions - Penalty
Status: repealed

12.1-31-06. Volatile chemicals - Inhalation of vapors prohibited - Definitions - Penalty

Repealed by S.L. 2001, ch. 214, § 10.
N.D. Cent. Code § 12.1-15-06 — ND Code / Title 12.1 / Chapter 12.1-15 / Section 12.1-15-06
12.1-15-06. Implanting microchips prohibited
Status: in_force

12.1-15-06. Implanting microchips prohibited

A person may not require that an individual have inserted into that individual's body a

microchip containing a radio frequency identification device. A violation of this section is a

class A misdemeanor.
N.D. Cent. Code § 12.1-32-07.4 — ND Code / Title 12.1 / Chapter 12.1-32 / Section 12.1-32-07.4
12.1-32-07.4. Presumptive probation
Status: in_force

12.1-32-07.4. Presumptive probation

1. The sentencing court shall sentence an individual who has pled guilty to, or has been

found guilty of, a class C felony offense or class A misdemeanor offense to a term of

probation at the time of initial sentencing, except for an offense involving domestic

violence; an offense subject to registration under section 12.1-32-15; an offense

involving a firearm or dangerous weapon, explosive, or incendiary device; or if a

mandatory term of incarceration is required by law.

2. The sentencing court may impose a sentence of imprisonment if the sentencing court

finds there are aggravating factors present to justify a departure from presumptive

probation. Aggravating factors include:

a. That the individual has plead guilty to, or has been found guilty of, a felony

offense or class A misdemeanor offense prior to the date of the commission of the

offense or offenses charged in the complaint, information, or indictment;

b. The age and vulnerability of the victim, whether the individual was in a position of

responsibility or trust over the victim, or whether the individual abused a public

position of responsibility or trust; or

c. If the individual used force, threats, or coercion in the commission of the offense.

3. This section does not preclude the sentencing court from deferring imposition of

sentence in accordance with subsection 4 of section 12.1-32-02 or sentencing an

individual to a term of incarceration with credit for time spent in custody if execution of

the sentence is suspended.
N.D. Cent. Code § 12.1-31-02 — ND Code / Title 12.1 / Chapter 12.1-31 / Section 12.1-31-02
12.1-31-02. Engaging in or financing criminal usury business
Status: in_force

12.1-31-02. Engaging in or financing criminal usury business

1. A person is guilty of a class C felony if he knowingly engages in, or directly or indirectly

provides financing for, the business of making extensions of credit at such a rate of

interest that repayment or performance of any promise given in consideration thereof

is unenforceable through civil judicial process in this state.

2. Knowledge of unenforceability shall be presumed, in the case of a person engaging in

the business, if any of the following exist, and in the case of a person directly or

indirectly providing financing, if he knew any of the following:

a. It is an offense to charge, take, or receive interest at the rate involved.

b. The rate of interest charged, taken, or received is fifty or more per centum greater

than the maximum enforceable rate of interest.

c. The rate of interest involved exceeds forty-five per centum per annum or the

equivalent rate for a longer or shorter period.

3. Unless otherwise provided by law, the rate of interest is to be calculated according to

the actuarial method of allocating payments made on a debt between principal and

interest, pursuant to which a payment is applied first to the accumulated interest and

the balance is applied to the unpaid principal.

4. It is a defense to a prosecution under this section that the defendant was licensed or

otherwise authorized by the United States or by any state government to engage in the

business of making extensions of credit.

5. In this section:

a. An "extension of credit" means any loan, or any agreement, tacit or express,

whereby the repayments or satisfaction of any debt, whether acknowledged or

disputed, valid or invalid, and however arising, may or will be deferred.

b. "Debtor" means any person to whom an extension of credit is made, or who

guarantees the repayment of that extension of credit, or in any manner

undertakes to indemnify the creditor against loss resulting from the failure of any

person to whom that extension of credit is made to repay the same.

c. The repayment of any extension of credit includes the repayment, satisfaction, or

discharge in whole or in part of any debt or claim, acknowledged or disputed,

valid or invalid, resulting from or in connection with that extension of credit.
N.D. Cent. Code § 12.1-33-02.1 — ND Code / Title 12.1 / Chapter 12.1-33 / Section 12.1-33-02.1
12.1-33-02.1. Prior conviction of a crime not bar to state licensures - Exceptions
Status: in_force

12.1-33-02.1. Prior conviction of a crime not bar to state licensures - Exceptions

1. A person may not be disqualified to practice, pursue, or engage in any occupation,

trade, or profession for which a license, permit, certificate, or registration is required

from any state agency, board, commission, or department solely because of prior

conviction of an offense. However, a person may be denied a license, permit,

certificate, or registration because of prior conviction of an offense if it is determined

that such person has not been sufficiently rehabilitated, or that the offense has a direct

bearing upon a person's ability to serve the public in the specific occupation, trade, or

profession.

2. A state agency, board, commission, or department shall consider the following in

determining sufficient rehabilitation:

a. The nature of the offense and whether it has a direct bearing upon the

qualifications, functions, or duties of the specific occupation, trade, or profession.

b. Information pertaining to the degree of rehabilitation of the convicted person.

c. The time elapsed since the conviction or release. Completion of a period of five

years after final discharge or release from any term of probation, parole or other

form of community corrections, or imprisonment, without subsequent conviction

shall be deemed prima facie evidence of sufficient rehabilitation.

3. If conviction of an offense is used in whole or in part as a basis for disqualification of a

person, such disqualification shall be in writing and shall specifically state the evidence

presented and the reasons for disqualification. A copy of such disqualification shall be

sent to the applicant by certified mail.

4. A person desiring to appeal from a final decision by any state agency, board,

commission, or department shall follow the procedure provided by the chapter of this

code regulating the specific occupation, trade, or profession. If no appeal or review

procedure is provided by such chapter, an appeal may be taken in accordance with

chapter 28-32, except for attorneys disbarred or suspended under chapter 27-14.
N.D. Cent. Code § 12.1-32-06 — ND Code / Title 12.1 / Chapter 12.1-32 / Section 12.1-32-06
12.1-32-06. Incidents of probations
Status: repealed

12.1-32-06. Incidents of probations

Repealed by S.L. 1989, ch. 158, § 18.
N.D. Cent. Code § 12.1-20-22 — ND Code / Title 12.1 / Chapter 12.1-20 / Section 12.1-20-22
12.1-20-22. Duration of registration
Status: repealed

12.1-20-22. Duration of registration

Repealed by S.L. 1993, ch. 129, § 5.
N.D. Cent. Code § 12.1-04-08 — ND Code / Title 12.1 / Chapter 12.1-04 / Section 12.1-04-08
12.1-04-08. Suspension or dismissal of proceedings - Referral for services
Status: in_force

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

1. If the court determines based upon a preponderance of the evidence that the

defendant currently lacks fitness to proceed and the defendant is charged with a

class B misdemeanor, except a class B misdemeanor under chapter 12.1-17, the

proceedings must be dismissed.

2. If the court determines based upon a preponderance of the evidence that the

defendant currently lacks fitness to proceed, the defendant is charged with a felony or

a class A misdemeanor, and the report as required under section 12.1-04-07 indicates

a likelihood the defendant will attain fitness within a specified period of time from the

date of the finding upon completion of a course of therapeutically appropriate

treatment, the proceedings against the defendant must be suspended for a period of

up to one hundred eighty days. The court may extend the suspension for an additional

three hundred sixty-five days if there is medical evidence to believe the defendant's

fitness to proceed will be restored during the extended period. For a defendant

charged with a class B misdemeanor under chapter 12.1-17, the proceedings must be

suspended for a period no longer than the maximum term of imprisonment for the

most serious offense charged. When the court determines, after a hearing if a hearing

is requested, that the defendant has regained fitness to proceed, the proceeding must

be resumed. If prosecution of the defendant has not resumed or it is determined by the

court, after a hearing if a hearing is requested, that the defendant will not regain fitness

to proceed within the allotted time, the charges against the defendant must be

dismissed.

3. If the court determines based upon a preponderance of the evidence that the

defendant currently lacks fitness to proceed and that the defendant will not attain

fitness to proceed, the proceedings must be dismissed. The court may at any time

make a referral for other appropriate services. Other appropriate services include:

a. Determination of incapacity, by a district court with appropriate jurisdiction

following petition by the state's attorney, for the appointment of a guardian or

conservator pursuant to chapter 30.1-28 or 30.1-29;

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

c. Any other services the court deems appropriate.

4. If the court determines the defendant currently lacks fitness to proceed and the

defendant may attain fitness to proceed under subsection 2, the court may enter an

order for a course of treatment considering the least restrictive form of treatment

therapeutically appropriate.

a. Unless excused by the court, in a proceeding to determine therapy in an attempt

to attain fitness, the defendant shall be represented by trial counsel.

b. If the court finds the individual is not able to retain the services of a tier 1a mental

health professional and that those services are not otherwise available, the court

shall authorize reasonable expenditures from public funds to examine the

individual.

c. In a motion hearing to resume prosecution, the state or prosecuting authority

must show by a preponderance of the evidence the defendant has attained

fitness to proceed.

5. If the court orders the defendant committed to a treatment facility in an attempt to

attain fitness to proceed under subsection 2, the court shall provide the special

custody and commitment terms in the order. The special terms of commitment must

include an order for the defendant to accept all nonexperimental, generally accepted

medical, psychiatric, or psychological treatment recommended by the treatment facility,

including the use of involuntary treatment with prescribed medication without the need

for a separate commitment under chapter 25-03.1.

a. If the order does not indicate the terms of commitment, the director or

superintendent of the treatment facility may determine the nature of the

constraints necessary within the treatment facility to carry out the order of the

court.

b. If the court orders an individual committed for therapeutic treatment to attain

fitness to proceed, the court shall set a date consistent with the timeline

established in this section for a review of the defendant's fitness to proceed. At

least sixty days before the date specified for review, the director or director's

designee or the superintendent of the treatment facility shall inquire as to whether

the individual is represented by counsel and file a written report of the facts

ascertained with the court.

6. If the parties to the action have reason to modify the special terms of the commitment

order under this section, the parties shall make a motion to the court and the court

shall determine by a preponderance of the evidence if the modification of the special

terms is necessary and the least restrictive therapeutic alternative therapy in an

attempt to attain fitness to proceed.

7. The custodian, guardian, or other person charged with the control of the defendant

may take an appeal from the court's order in the manner provided by law.
N.D. Cent. Code § 12.1-20-01 — ND Code / Title 12.1 / Chapter 12.1-20 / Section 12.1-20-01
12.1-20-01. General provisions
Status: in_force

12.1-20-01. General provisions

In sections 12.1-20-03 through 12.1-20-08:

1. When criminality depends on a child being below the age of fifteen, it is no defense

that the actor did not know the child's age, or reasonably believed the child to be older

than fourteen.

2. When criminality depends on the victim being a minor, it is an affirmative defense that

the actor reasonably believed the victim to be an adult.

3. When criminality depends on the victim being a minor fifteen years of age or older, the

actor is guilty of an offense only if the actor is at least three years older than the minor.

4. When criminality depends on the victim being below the age of fifteen, and the actor is

a minor, the actor is guilty of an offense only if the actor is at least three years older

than the victim.
N.D. Cent. Code § 12.1-04.1-03 — ND Code / Title 12.1 / Chapter 12.1-04.1 / Section 12.1-04.1-03
12.1-04.1-03. Notice of defense of lack of criminal responsibility
Status: in_force

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

1. If the defendant intends to assert the defense of lack of criminal responsibility, the

defendant shall notify the prosecuting attorney in writing and file a copy of the notice

with the court. The notice must indicate whether the defendant intends to introduce at

trial evidence obtained from examination of the defendant by a tier 1a mental health

professional after the time of the alleged offense.

2. The defendant shall file the notice within the time prescribed for pretrial motions or at

such earlier or later time as the court directs. For cause shown, the court may allow

late filing of the notice and grant additional time to the parties to prepare for trial or

may make other appropriate orders.

3. If the defendant fails to give notice in accordance with this section, lack of criminal

responsibility may not be asserted as a defense.
N.D. Cent. Code § 12.1-32-01.1 — ND Code / Title 12.1 / Chapter 12.1-32 / Section 12.1-32-01.1
12.1-32-01.1. Organizational fines
Status: in_force

12.1-32-01.1. Organizational fines

Any organization, as defined in section 12.1-03-04, shall, upon conviction, be subject to a

maximum fine in accordance with the following classification:

1. For a class A felony, a maximum fine of one hundred thousand dollars.

2. For a class B felony, a maximum fine of seventy thousand dollars.

3. For a class C felony, a maximum fine of fifty thousand dollars.

4. For a class A misdemeanor, a maximum fine of thirty thousand dollars.

5. For a class B misdemeanor, a maximum fine of twenty thousand dollars.

Nothing in this section shall be construed as preventing the imposition of the sanction provided

for in section 12.1-32-03, nor as preventing the prosecution of agents of the organization under

section 12.1-03-03.
N.D. Cent. Code § 12.1-09-01 — ND Code / Title 12.1 / Chapter 12.1-09 / Section 12.1-09-01
12.1-09-01. Tampering with witnesses and informants in proceedings
Status: in_force

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

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

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

b. With intent to induce or otherwise cause another:

(1) To withhold any testimony, information, document, or thing from an official

proceeding, whether or not the other person would be legally privileged to

do so;

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

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

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

summoned.

2. A person is guilty of a class C felony if he solicits, accepts, or agrees to accept from

another a thing of pecuniary value as consideration for:

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

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

subdivision b of subsection 1.

3. a. It is a defense to a prosecution under this section for use of threat with intent to

influence another's testimony that the threat was not of unlawful harm and was

used solely to influence the other to testify truthfully.

b. In a prosecution under this section based on bribery, it shall be an affirmative

defense that any consideration for a person's refraining from instigating or

pressing the prosecution of an offense was to be limited to restitution or

indemnification for harm caused by the offense.

c. It is no defense to a prosecution under this section that an official proceeding was

not pending or about to be instituted.

4. This section shall not be construed to prohibit the payment or receipt of witness fees

provided by statute, or the payment, by the party upon whose behalf a witness is

called, and receipt by a witness, of the reasonable cost of travel and subsistence

incurred and the reasonable value of time spent in attendance at an official

proceeding, or in the case of expert witnesses, a reasonable fee for preparing and

presenting an expert opinion.
N.D. Cent. Code § 12.1-05-07 — ND Code / Title 12.1 / Chapter 12.1-05 / Section 12.1-05-07
12.1-05-07. Limits on the use of force - Excessive force - Deadly force
Status: in_force

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

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

under the circumstances.

2. Deadly force is justified in the following instances:

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

b. When used in lawful self-defense, or in lawful defense of others, if such force is

necessary to protect the actor or anyone else against death, serious bodily injury,

or the commission of a felony involving violence. The use of deadly force is not

justified if it can be avoided, with safety to the actor and others, by retreat or other

conduct involving minimal interference with the freedom of the individual

menaced. An individual seeking to protect another individual must, before using

deadly force, try to cause the other individual to retreat, or otherwise comply with

the requirements of this provision, if safety can be obtained thereby. However, the

duty to retreat or avoid force does not apply under the following circumstances:

(1) A public servant justified in using force in the performance of the public

servant's duties or an individual justified in using force in assisting the public

servant need not desist from the public servant's or individual's efforts

because of resistance or threatened resistance by or on behalf of the other

individual against whom the public servant's or individual's action is directed;

and

(2) An individual who is not engaged in an unlawful activity that gives rise to the

need for the use of deadly force and has not provoked the individual against

whom the deadly force is used, unless the circumstances in subdivision b of

subsection 2 of section 12.1-05-03 apply, is not required to retreat within or

from any place the individual otherwise is legally allowed to be.

c. When used by an individual in possession or control of a dwelling, place of work,

motor vehicle, or an occupied motor home or travel trailer as defined in section

39-01-01, or by an individual who is licensed or privileged to be there, if the force

is necessary to prevent commission of arson, burglary, robbery, or a felony

involving violence upon or in the dwelling, place of work, motor vehicle, or

occupied motor home or travel trailer, and the use of force other than deadly force

for these purposes would expose any individual to substantial danger of serious

bodily injury.

d. When used by a public servant authorized to effect arrests or prevent escapes, if

the force is necessary to effect an arrest or to prevent the escape from custody of

an individual who has committed or attempted to commit a felony involving

violence, or is attempting to escape by the use of a deadly weapon, or has

otherwise indicated that the individual is likely to endanger human life or to inflict

serious bodily injury unless apprehended without delay.

e. When used by a guard or other public servant, if the force is necessary to prevent

the escape of a prisoner from a detention facility, unless the guard or public

servant knows that the prisoner is not an individual as described in subdivision d.

A detention facility is any place used for the confinement, pursuant to a court

order, of an individual charged with or convicted of an offense, charged with being

or adjudicated a juvenile delinquent, held for extradition, or otherwise confined

under court order.

f. When used by a duly licensed physician, or an individual acting at the physician's

direction, if the force is necessary to administer a recognized form of treatment to

promote the physical or mental health of a patient and if the treatment is

administered in an emergency; with the consent of the patient, or, if the patient is

a minor or an incompetent person, with the consent of the patient's parent,

guardian, or other person entrusted with the patient's care and supervision; or by

order of a court of competent jurisdiction.

g. When used by an individual who is directed or authorized by a public servant, and

who does not know that the public servant is not authorized to use deadly force

under the circumstances.
N.D. Cent. Code § 12.1-14-02 — ND Code / Title 12.1 / Chapter 12.1-14 / Section 12.1-14-02
12.1-14-02. Interference with elections
Status: in_force

12.1-14-02. Interference with elections

A person is guilty of a class A misdemeanor if, whether or not acting under color of law, the

person, by force or threat of force or by economic coercion, intentionally:

1. Injures, intimidates, or interferes with another because the other individual is or has

been voting for any candidate or issue or qualifying to vote, qualifying or campaigning

as a candidate for elective office, or qualifying or acting as an election official or an

election observer, in any primary, special, or general election.

2. Injures, intimidates, or interferes with another in order to prevent that individual or any

other individual from voting for any candidate or issue or qualifying to vote, qualifying

or campaigning as a candidate for elective office, or qualifying or acting as an election

official or an election observer, in any primary, special, or general election.
N.D. Cent. Code § 12.1-21-01 — ND Code / Title 12.1 / Chapter 12.1-21 / Section 12.1-21-01
12.1-21-01. Arson
Status: in_force

12.1-21-01. Arson

1. An individual is guilty of arson, a class B felony, if the individual starts or maintains a

fire or causes an explosion with intent to destroy:

a. An entire or any part of a building or inhabited structure of another or a vital public

facility;

b. Or damage the individual's own real or personal property for the purpose of

collecting insurance for the loss;

c. Or damage the individual's own real property for the purpose of depriving another

with a legal interest in the real property damaged or destroyed; or

d. Or damage the individual's own personal property for the purpose of depriving

another with a legal interest in the personal property damaged or destroyed, and

the value of the personal property damaged or destroyed has a value in excess of

two thousand dollars.

2. For purposes of this section, "a legal interest" includes a joint legal interest by joint

ownership of the property, or an individual's own legal interest in property financed by

another, such as a mortgage, contract, deed, or lien.
N.D. Cent. Code § 12.1-20-12.1 — ND Code / Title 12.1 / Chapter 12.1-20 / Section 12.1-20-12.1
12.1-20-12.1. Indecent exposure
Status: in_force

12.1-20-12.1. Indecent exposure

1. An individual, with 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:

a. Masturbates in a public place or in the presence of a minor;

b. Exposes the individual's penis, vulva, or anus in a public place or to a minor in a

public or private place;

c. Exposes the individual's penis, vulva, or anus by unsolicited electronic means; or

d. Exposes the individual's penis, vulva, or anus by any electronic means to a minor.

2. An individual is guilty of a class C felony if the individual violates subsection 1 after a

previous conviction for violating subsection 1, after a previous conviction for violating

section 12.1-20-12.2, or after being required to register under section 12.1-32-15.

3. An individual who commits a violation of subdivision a or b 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 individual who

commits a violation of subsection 2 within fifty feet [15.24 meters] of or on the real

property comprising a public or nonpublic elementary, middle, or high school is guilty of

a class B felony.

4. As used in this section, "electronic means" includes images and pictures transmitted

via electronic mail, electronic messaging, or from an electronic communications

device.
N.D. Cent. Code § 12.1-04.1-26 — ND Code / Title 12.1 / Chapter 12.1-04.1 / Section 12.1-04.1-26
12.1-04.1-26. Procedures
Status: in_force

12.1-04.1-26. Procedures

1. An applicant for a court order under sections 12.1-04.1-20 through 12.1-04.1-25 shall

deliver a copy of the application and any accompanying documents to the individual

committed, the prosecuting attorney, the director or superintendent of the treatment

facility to which the individual has been committed, or the person or the director or

superintendent of a treatment facility responsible for supervision of an individual

conditionally released. The North Dakota Rules of Civil Procedure, adapted by the

court to the circumstances of a postverdict proceeding, apply to a proceeding under

sections 12.1-04.1-20 through 12.1-04.1-25.

2. In a proceeding under sections 12.1-04.1-20 through 12.1-04.1-25 for an initial order of

disposition, in a proceeding for modification or termination of an order of commitment

to a treatment facility initiated by the individual at the time of a review, or in a

proceeding in which the status of the individual might be adversely affected, the

individual has a right to counsel. If the court finds that the individual is indigent and that

counsel is not otherwise available, counsel must be provided at public expense to

represent the individual.

3. In a proceeding under sections 12.1-04.1-20 through 12.1-04.1-25, the North Dakota

Rules of Evidence do not apply. If relevant, evidence adduced in the criminal trial of

the individual and information obtained by court-ordered examinations of the individual

pursuant to section 12.1-04.1-04 or 12.1-04.1-22 are admissible.

4. A final order of the court is appealable to the supreme court.
N.D. Cent. Code § 12.1-04.1-16 — ND Code / Title 12.1 / Chapter 12.1-04.1 / Section 12.1-04.1-16
12.1-04.1-16. Bifurcation of issue of lack of criminal responsibility
Status: in_force

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

Upon application of the defendant, the court may order that issues as to the commission of

the alleged offense be tried separately from the issue of lack of criminal responsibility.
N.D. Cent. Code § 12.1-41-04 — ND Code / Title 12.1 / Chapter 12.1-41 / Section 12.1-41-04
12.1-41-04. Sexual servitude
Status: in_force

12.1-41-04. Sexual servitude

1. A person commits the offense of sexual servitude if the person knowingly:

a. Maintains or makes available a minor for the purpose of engaging the minor in

commercial sexual activity; or

b. Uses coercion or deception to compel an adult to engage in commercial sexual

activity.

2. It is not a defense in a prosecution under subdivision a of subsection 1 that the minor

consented to engage in commercial sexual activity or that the defendant believed the

minor was an adult.

3. Sexual servitude under subdivision a of subsection 1 is a class AA felony.

4. Sexual servitude under subdivision b of subsection 1 is a class A felony.
N.D. Cent. Code § 12.1-17.1-08 — ND Code / Title 12.1 / Chapter 12.1-17.1 / Section 12.1-17.1-08
12.1-17.1-08. Other convictions not prohibited
Status: in_force

12.1-17.1-08. Other convictions not prohibited

A prosecution for or conviction under this chapter is not a bar to conviction of or punishment

for any other offense committed by a person as part of the same conduct.
N.D. Cent. Code § 12.1-25-01 — ND Code / Title 12.1 / Chapter 12.1-25 / Section 12.1-25-01
12.1-25-01. Inciting riot
Status: in_force

12.1-25-01. Inciting riot

1. A person is guilty of an offense if he:

a. Incites or urges five or more persons to create or engage in a riot; or

b. Gives commands, instructions, or directions to five or more persons in

furtherance of a riot.

2. "Riot" means a public disturbance involving an assemblage of five or more persons

which by tumultuous and violent conduct creates grave danger of damage or injury to

property or persons or substantially obstructs law enforcement or other government

function.

3. A person shall be convicted under section 12.1-06-01, 12.1-06-03, or 12.1-06-04 of

attempt, solicitation, or conspiracy to commit an offense under this section only if he

engages in the prohibited conduct under circumstances in which there is a substantial

likelihood that his conduct will imminently produce a violation of this section.

4. The offense is a class B felony if it is under subdivision b of subsection 1 or the riot

involves one hundred or more persons. Otherwise it is a class C felony.
N.D. Cent. Code § 12.1-04.1-17 — ND Code / Title 12.1 / Chapter 12.1-04.1 / Section 12.1-04.1-17
12.1-04.1-17. Jury instruction on disposition following verdict of lack of criminal responsibility
Status: in_force

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

responsibility.

On request of the defendant in a trial by jury of the issue of lack of criminal responsibility for

the alleged offense, the court shall instruct the jury as to the dispositional provisions applicable

to the defendant if the jury returns a verdict of not guilty by reason of lack of criminal

responsibility.
N.D. Cent. Code § 12.1-04.1-06 — ND Code / Title 12.1 / Chapter 12.1-04.1 / Section 12.1-04.1-06
12.1-04.1-06. Explanation to defendant
Status: in_force

12.1-04.1-06. Explanation to defendant

At the beginning of each examination conducted under section 12.1-04.1-05, the tier 1a

mental health professional shall inform the defendant the examination is being made at the

request of the prosecuting attorney; the purpose of the examination is to obtain information

about the defendant's mental condition at the time of the alleged offense; and information

obtained from the examination may be used at trial and, if the defendant is found not guilty by

reason of lack of criminal responsibility, in subsequent proceedings concerning commitment or

other disposition.
N.D. Cent. Code § 12.1-08-01 — ND Code / Title 12.1 / Chapter 12.1-08 / Section 12.1-08-01
12.1-08-01. Physical obstruction of government function
Status: in_force

12.1-08-01. Physical obstruction of government function

1. A person is guilty of a class A misdemeanor if he intentionally obstructs, impairs,

impedes, hinders, prevents, or perverts the administration of law or other

governmental function.

2. This section does not apply to the conduct of a person obstructing arrest of himself,

but such conduct is subject to section 12.1-08-02. This section does apply to the

conduct of a person obstructing arrest of another. Inapplicability under this subsection

is a defense.

3. It is a defense to a prosecution under this section that the administration of law or

other government function was not lawful, but it is no defense that the defendant

mistakenly believed that the administration of law or other government function was

not lawful. For the purposes of this subsection, the conduct of a public servant acting

in good faith and under color of law in the execution of a warrant or other process for

arrest or search and seizure shall be deemed lawful.
N.D. Cent. Code § 12.1-32-07.2 — ND Code / Title 12.1 / Chapter 12.1-32 / Section 12.1-32-07.2
12.1-32-07.2. Records and filing of papers
Status: in_force

12.1-32-07.2. Records and filing of papers

1. Whenever the court orders that a person convicted of a felony is to be placed on

probation, the clerk of the court in which the order is entered immediately shall make

full copies of the judgment or order of the court with the conditions of probation and

shall certify the same to the director of parole and probation of the department of

corrections and rehabilitation. Upon the disposition of any criminal case, the clerk of

court shall transmit to the department of corrections and rehabilitation statistical data,

in accordance with rules adopted by the department, regarding all defendants whether

found guilty or discharged.

2. Whenever imposition of sentence is deferred and, pursuant to section 12.1-32-07.1,

the plea of guilty is withdrawn by the defendant or the verdict of guilty is set aside by

the court, the clerk of court shall file all papers, including the findings and final orders

in proceedings under section 12.1-32-07.1, and shall note the date of filing on the

papers. The records and papers are subject to examination by the clerk, a judge of the

court, the juvenile commissioner, probation officers, the defendant or defendant's

counsel, and the state's attorney. Others may examine the records and papers only

upon the written order of a judge of the court.
N.D. Cent. Code § 12.1-05-11 — ND Code / Title 12.1 / Chapter 12.1-05 / Section 12.1-05-11
12.1-05-11. Entrapment
Status: in_force

12.1-05-11. Entrapment

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

offense.

2. A law enforcement agent perpetrates an entrapment if, for the purpose of obtaining

evidence of the commission of a crime, the law enforcement agent induces or

encourages and, as a direct result, causes another person to engage in conduct

constituting such a crime by employing methods of persuasion or inducement which

create a substantial risk that such crime will be committed by a person other than one

who is ready to commit it. Conduct merely affording a person an opportunity to commit

an offense does not constitute entrapment.

3. In this section "law enforcement agent" includes personnel of federal and local law

enforcement agencies as well as state agencies, and any person cooperating with

such an agency.
N.D. Cent. Code § 12.1-33-01 — ND Code / Title 12.1 / Chapter 12.1-33 / Section 12.1-33-01
12.1-33-01. Rights lost
Status: in_force

12.1-33-01. Rights lost

1. A person sentenced for a felony to a term of imprisonment, during the term of actual

incarceration under such sentence, may not:

a. Vote in an election; or

b. Become a candidate for or hold public office.

2. A public office, other than an office held by one subject to impeachment, held at the

time of sentence is forfeited as of the date of the sentence if the sentence is in this

state, or, if the sentence is in another state or in a federal court, as of the date a

certification of the sentence from the sentencing court is filed in the office of the

secretary of state who shall receive and file it as a public document. An appeal or other

proceeding taken to set aside or otherwise nullify the conviction or sentence does not

affect the application of this section, but if the conviction is reversed, the defendant

shall be restored to any public office forfeited under this section from the time of the

reversal and shall be entitled to the emoluments thereof from the time of the forfeiture.
N.D. Cent. Code § 12.1-34-05 — ND Code / Title 12.1 / Chapter 12.1-34 / Section 12.1-34-05
12.1-34-05. Cause of action for damages or injunctive relief
Status: in_force

12.1-34-05. Cause of action for damages or injunctive relief

Nothing in this chapter may be construed as creating a cause of action for money damages

or injunctive relief against the state, county, municipality, or any of their agencies,

instrumentalities, or employees. Furthermore, the failure to provide a right, privilege, or notice to

a victim under this chapter is not grounds for the defendant to seek to have the conviction or

sentence set aside. This chapter does not limit any rights to which victims and witnesses of

crime are otherwise entitled.
N.D. Cent. Code § 12.1-32-16 — ND Code / Title 12.1 / Chapter 12.1-32 / Section 12.1-32-16
12.1-32-16. Restitution to be required of certain offenders - Penalty
Status: in_force

12.1-32-16. Restitution to be required of certain offenders - Penalty

Notwithstanding any other provision in this chapter, whenever a person whose license has

been suspended for nonpayment of child support under section 50-09-08.6 is convicted of

engaging in activity for which the license was required, the court shall require as a condition of

the sentence that the person pay restitution in the amount of two hundred fifty dollars, or a

higher amount set by the court, as specified in subdivision e of subsection 4 of section
N.D. Cent. Code § 12.1-21-07 — ND Code / Title 12.1 / Chapter 12.1-21 / Section 12.1-21-07
12.1-21-07. Consent as a defense
Status: in_force

12.1-21-07. Consent as a defense

Whenever in this chapter it is an element of the offense that the property is of another, it is a

defense to a prosecution under those sections that the other has consented to the actor's

conduct with respect to the property.
N.D. Cent. Code § 12.1-31-01.2 — ND Code / Title 12.1 / Chapter 12.1-31 / Section 12.1-31-01.2
12.1-31-01.2. Sexual assault restraining order - Penalty
Status: repealed

12.1-31-01.2. Sexual assault restraining order - Penalty

Repealed by S.L. 2025, ch. 145, § 17.
N.D. Cent. Code § 12.1-24-04 — ND Code / Title 12.1 / Chapter 12.1-24 / Section 12.1-24-04
12.1-24-04. Definitions
Status: in_force

12.1-24-04. Definitions

In this chapter:

1. The definitions prescribed in section 12.1-23-10 apply.

2. A "deceptive writing" is a writing which has been:

a. Procured by deception; or

b. Issued without authority.

3. "Falsely alters" means to make a change in a writing, without authority, such that the

writing appears to have been made by, or fully authorized by, its apparent maker.

4. "Falsely completes" means to make an addition to or an insertion in a writing, without

authority, such that the writing appears to have been made by, or fully authorized by,

its apparent maker.

5. "Falsely makes" means to make a writing which purports to be made by the

government or another person, or a copy thereof, but which is not because the

apparent maker is fictitious or because the writing was made without authority.

6. To "forge" or to "counterfeit" a writing means to falsely make, complete, or alter the

writing, and a "forged" or "counterfeited" writing is a writing which has been falsely

made, completed, or altered. The terms "forgery" and "counterfeiting" and their

variants are intended to be synonymous in legal effect.

7. The term "obligation or other security of this state" means a bond, certificate of

indebtedness, coupon, fractional note, certificate of deposit, a stamp, or other

representative of value of whatever denomination, issued pursuant to a statute.

8. "Possess" means to receive, conceal, or otherwise exercise control over.

9. "Security" other than as provided in subsection 10 includes any note, stock certificate,

bond, debenture, check, draft, warrant, traveler's check, letter of credit, warehouse

receipt, negotiable bill of lading, evidence of indebtedness, certificate of interest or

participation in any profit-sharing agreement, collateral-trust certificate, preorganization

certificate or subscription, transferable share, investment contract, voting-trust

certificate, certificate of interest in tangible or intangible property, instrument or

document or writing evidencing ownership of goods, wares, and merchandise, or

transferring or assigning any right, title, or interest in or to goods, wares, and

merchandise, uncanceled stamp issued by a foreign government (whether or not

demonetized); or, in general, any instrument commonly known as a "security", or any

certificate of interest or participation in, temporary or interim certificate for, receipt for,

warrant, or right to subscribe to or purchase any of the foregoing.

10. "Tax stamp" includes any tax stamp, tax token, tax meter imprint, or any other form of

evidence of an obligation running to a state, or evidence of the discharge thereof.

11. "Utter" means to issue, authenticate, transfer, publish, sell, transmit, present, use, or

otherwise give currency.

12. "Without authority" includes conduct that, on the specific occasion called into question,

is beyond any general authority given by statute, regulation, or agreement.

13. "Writing" means:

a. Any paper, document, or other instrument containing written or printed matter or

its equivalent, including money, a money order, bond, public record, affidavit,

certificate, contract, security, or obligation.

b. Any coin or any gold or silver bar coined or stamped at a mint or assay office or

any signature, certification, credit card, token, stamp, seal, badge, decoration,

medal, trademark, or other symbol or evidence of value, right, privilege, or

identification which is capable of being used to the advantage or disadvantage of

the government or any person.
N.D. Cent. Code § 12.1-17-07.2 — ND Code / Title 12.1 / Chapter 12.1-17 / Section 12.1-17-07.2
12.1-17-07.2. Distribution of intimate images without or against consent - Penalty
Status: in_force

12.1-17-07.2. Distribution of intimate images without or against consent - Penalty

1. As used in this section:

a. "Distribute" means selling, exhibiting, displaying, wholesaling, retailing, providing,

giving, granting admission to, providing access to, or otherwise transferring or

presenting an image to another individual, with or without consideration.

b. "Hosting company" means a person that provides services or facilities for storing

or distributing content over the internet without editorial or creative alteration of

the content.

c. "Intimate image" means any visual depiction, photograph, film, video, recording,

picture, or computer or computer-generated image or picture, whether made or

produced by electronic, mechanical, or other means, that depicts:

(1) Exposed human male or female genitals or pubic area, with less than an

opaque covering;

(2) A female breast with less than an opaque covering, or any portion of the

female breast below the top of the areola; or

(3) The individual engaged in any sexually explicit conduct.

d. "Service provider" means an internet service provider, including a person who

leases or rents a wire or cable for the transmission of data.

e. "Sexually explicit conduct" means actual or simulated:

(1) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or

oral-anal, whether between persons of the same or opposite sex;

(2) Masturbation;

(3) Bestiality;

(4) Sadistic or masochistic activities;

(5) Exhibition of the genitals, pubic region, buttocks, or female breast of any

individual;

(6) Visual depiction of nudity or partial nudity;

(7) Fondling or touching of the genitals, pubic region, buttocks, or female

breast; or

(8) Explicit representation of the defecation or urination functions.

f. "Simulated sexually explicit conduct" means a feigned or pretended act of

sexually explicit conduct that duplicates, within the perception of an average

person, the appearance of an actual act of sexually explicit conduct.

2. A person commits the offense of distribution of intimate images if the person knowingly

or intentionally distributes to any third party any intimate image of an individual, if:

a. The person knows that the depicted individual has not given consent to the

person to distribute the intimate image;

b. The intimate image was created by or provided to the person under

circumstances in which the individual has a reasonable expectation of privacy;

and

c. Actual emotional distress or harm is caused to the individual as a result of the

distribution under this section.

3. This section does not apply to:

a. Lawful practices of law enforcement agencies;

b. Prosecutorial agency functions;

c. The reporting of a criminal offense;

d. Court proceedings or any other judicial proceeding;

e. Lawful and generally accepted medical practices and procedures;

f. An intimate image if the individual portrayed in the image voluntarily allows public

exposure of the image; or

g. An intimate image that is portrayed in a lawful commercial setting.

4. This section also does not apply to:

a. An internet service provider or interactive computer service, as defined in

47 U.S.C. 230(f)(2);

b. A provider of an electronic communications service, as defined in 18 U.S.C. 2510;

c. A telecommunications service, information service, or mobile service, as defined

in 47 U.S.C. 153, including a commercial mobile service, as defined in

47 U.S.C. 332(d);

d. A cable operator, as defined in 47 U.S.C. 552, if:

(1) The distribution of an intimate image by the cable operator occurs only

incidentally through the operator's function of:

(a) Transmitting or routing data from one person to another person; or

(b) Providing a connection between one person and another person;

(2) The operator does not intentionally aid or abet in the distribution of the

intimate image; and

(3) The operator does not knowingly receive from or through a person who

distributes the intimate image a fee greater than the fee generally charged

by the operator, as a specific condition for permitting the person to distribute

the intimate image; or

e. A hosting company, if:

(1) The distribution of an intimate image by the hosting company occurs only

incidentally through the hosting company's function of providing data

storage space or data caching to a person;

(2) The hosting company does not intentionally engage, aid, or abet in the

distribution of the intimate image; and

(3) The hosting company does not knowingly receive from or through a person

who distributes the intimate image a fee greater than the fee generally

charged by the provider, as a specific condition for permitting the person to

distribute, store, or cache the intimate image.

5. Distribution of an intimate image is a class A misdemeanor.
N.D. Cent. Code § 12.1-29-06 — ND Code / Title 12.1 / Chapter 12.1-29 / Section 12.1-29-06
12.1-29-06. Hiring an individual to engage in sexual activity
Status: in_force

12.1-29-06. Hiring an individual to engage in sexual activity

Except as provided in section 12.1-41-06, an individual who hires or offers or agrees to hire

another individual with the intention of engaging in sexual activity is guilty of:

1. A class B misdemeanor for a first offense; and

2. A class A misdemeanor for a second or subsequent offense within ten years.
N.D. Cent. Code § 12.1-32-02 — ND Code / Title 12.1 / Chapter 12.1-32 / Section 12.1-32-02
12.1-32-02. Sentencing alternatives - Credit for time in custody - Diagnostic testing
Status: in_force

12.1-32-02. Sentencing alternatives - Credit for time in custody - Diagnostic testing

1. a. Every person convicted of an offense who is sentenced by the court must be

sentenced to one or a combination of the following alternatives, unless the

sentencing alternatives are otherwise specifically provided in the statute defining

the offense or sentencing is deferred under subsection 4:

(1) Payment of the reasonable costs of the person's prosecution.

(2) Probation.

(3) A term of imprisonment, including intermittent imprisonment:

(a) In a state correctional facility in accordance with section 29-27-07, in a

regional corrections center, or in a county jail, if convicted of a felony

or a class A misdemeanor.

(b) In a county jail or in a regional corrections center, if convicted of a

class B misdemeanor.

(c) In a facility or program deemed appropriate for the treatment of the

individual offender, including available community-based or

faith-based programs.

(d) In the case of persons convicted of an offense who are under eighteen

years of age at the time of sentencing, the court is limited to

sentencing the minor defendant to a term of imprisonment in the

custody of the department of corrections and rehabilitation.

(4) A fine.

(5) Restitution for damages resulting from the commission of the offense.

(6) A no contact order prohibiting contact with a victim of the offense.

(7) Restoration of damaged property or other appropriate work detail.

(8) Commitment to an appropriate licensed public or private institution for

treatment of alcoholism, drug addiction, or mental disease or defect.

(9) Commitment to a sexual offender treatment program.

(10) Treatment court program. A treatment court is a district court supervised

treatment program approved by the supreme court which combines judicial

supervision with alcohol and drug testing and substance use disorder

treatment in a licensed treatment program. The supreme court may adopt

rules, including rules of procedure, for treatment court programs.

(11) Veterans treatment docket. A veterans treatment docket is a district court

supervised docket approved by the supreme court which combines judicial

supervision with licensed treatment programs to treat substance use

disorders, mental health conditions, behavioral health conditions, traumatic

brain injuries, military sexual trauma, and co-occurring disorders. The

supreme court may adopt rules, including rules of procedure, for veterans

treatment dockets.

(12) Completion of a restorative justice program. For purposes of this section,

"restorative justice program" means a system of justice which focuses on

the rehabilitation of offenders through reconciliation with victims and the

community at large.

(13) Mental health court program. A mental health court is a district court

supervised treatment program approved by the supreme court which

combines judicial supervision with mental health services and treatment in a

licensed treatment program. The supreme court may adopt rules, including

rules of procedure, for mental health court programs.

(14) An order prohibiting contact.

b. Except as provided in section 12.1-32-06.1, sentences imposed under this

subsection may not exceed in duration the maximum sentences of imprisonment

provided by section 12.1-32-01, section 12.1-32-09, or as provided specifically in

a statute defining an offense. This subsection does not permit the unconditional

discharge of an offender following conviction. A sentence under paragraph 5 or 7

of subdivision a must be imposed in the manner provided in section 12.1-32-08.

For purposes of this subsection, "victim" means victim as defined in section

12.1-34-01.

2. Credit against any sentence to a term of imprisonment must be given by the court to a

defendant for all time spent in custody as a result of the criminal charge for which the

sentence was imposed or as a result of the conduct on which such charge was based.

"Time spent in custody" includes time spent in custody in a jail or mental institution for

the offense charged, whether that time is spent prior to trial, during trial, pending

sentence, or pending appeal. The total amount of credit the defendant is entitled to for

time spent in custody and any credit for sentence reduction under section 12-44.1-32

or 12-54.1-01 the defendant is entitled to must be stated in the criminal judgment.

3. A court may suspend the execution of all or a part of the sentence imposed. The court

shall place the defendant on probation during the term of suspension.

4. A court, upon application or its own motion, may defer imposition of sentence. The

court must place the defendant on probation during the period of deferment. An order

deferring imposition of sentence is reviewable upon appeal from a verdict or judgment.

In any subsequent prosecution, for any other offense, the prior conviction for which

imposition of sentence is deferred may be pleaded and proved, and has the same

effect as if probation had not been granted or the information or indictment dismissed

under section 12.1-32-07.1.

5. A court may, prior to imposition of sentence, order the convicted offender committed to

an appropriate licensed public or private institution for diagnostic testing for such

period of time as may be necessary, but not to exceed thirty days. The court may, by

subsequent order, extend the period of commitment for not to exceed thirty additional

days. The court may also order such diagnostic testing without ordering commitment to

an institution. Validity of a sentence must not be challenged on the ground that

diagnostic testing was not performed pursuant to this subsection.

6. All sentences imposed must be accompanied by a written statement by the court

setting forth the reasons for imposing the particular sentence. The statement must

become part of the record of the case.

7. If an offender is sentenced to a term of imprisonment, that term of imprisonment

commences at the time of sentencing, unless, upon motion of the defendant, the court

orders the term to commence at some other time.

8. Unless otherwise specifically authorized in the statute defining the offense, a court

may not include a minimum term of imprisonment as part of its sentence.

9. A person who is convicted of a felony and sentenced to imprisonment for not more

than three hundred sixty days is deemed to have been convicted of a misdemeanor.

However, if an order is entered revoking a term of probation that was imposed as part

of a sentence, the person is deemed to have been convicted of a felony.

10. A court shall order a defendant to pay fifty dollars to the department of corrections and

rehabilitation at the time a presentence investigation is initiated to partially defray the

costs incurred by the department for the preparation of the presentence report. The

court may also order that any additional costs incurred by the department relating to

the presentence investigation and report be paid by the defendant at a rate of payment

up to the full costs of conducting the investigation and preparing the report as

established by the department.

11. Before sentencing a defendant on a felony charge under section 12.1-20-03,

12.1-20-03.1, 12.1-20-11, 12.1-27.2-02, 12.1-27.2-03, 12.1-27.2-04, or 12.1-27.2-05, a

court shall order the department of corrections and rehabilitation to conduct a

presentence investigation and to prepare a presentence report. A presentence

investigation for a charge under section 12.1-20-03 must include a risk assessment. A

court may order the inclusion of a risk assessment in any presentence investigation. In

all felony or class A misdemeanor offenses, in which force, as defined in section

12.1-01-04, or threat of force is an element of the offense or in violation of section

12.1-22-02, or an attempt to commit the offenses, a court, unless a presentence

investigation has been ordered, must receive a criminal record report before the

sentencing of the defendant. Unless otherwise ordered by the court, the criminal

record report must be conducted by the department of corrections and rehabilitation

after consulting with the prosecuting attorney regarding the defendant's criminal

record. The criminal record report must be in writing, filed with the court before

sentencing, and made a part of the court's record of the sentencing proceeding.
N.D. Cent. Code § 12.1-14-01 — ND Code / Title 12.1 / Chapter 12.1-14 / Section 12.1-14-01
12.1-14-01. Official oppression
Status: in_force

12.1-14-01. Official oppression

A person acting or purporting to act in an official capacity or taking advantage of such actual

or purported capacity is guilty of a class A misdemeanor if, knowing that his conduct is illegal,

he:

1. Subjects another to arrest, detention, search, seizure, mistreatment, dispossession,

assessment, lien, or other infringement of personal or property rights; or

2. Denies or impedes another in the exercise or enjoyment of any right, privilege, power,

or immunity.
N.D. Cent. Code § 12.1-36.1-04 — ND Code / Title 12.1 / Chapter 12.1-36.1 / Section 12.1-36.1-04
12.1-36.1-04. Statutory limitation
Status: in_force

12.1-36.1-04. Statutory limitation

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

12.1-36.1-02 must be commenced within three years of the date of the offense or within three

years after the offense is reported to law enforcement, whichever is later.
N.D. Cent. Code § 12.1-20-12 — ND Code / Title 12.1 / Chapter 12.1-20 / Section 12.1-20-12
12.1-20-12. Deviate sexual act
Status: in_force

12.1-20-12. Deviate sexual act

A person who performs a deviate sexual act with the intent to arouse or gratify his sexual

desire is guilty of a class A misdemeanor.
N.D. Cent. Code § 12.1-16-05 — ND Code / Title 12.1 / Chapter 12.1-16 / Section 12.1-16-05
12.1-16-05. Injunctive relief
Status: in_force

12.1-16-05. Injunctive relief

1. A claim for relief for an injunction may be maintained against any person who has

attempted or will attempt to violate subsection 1 of section 12.1-16-04 by any person

who is entitled to inherit from the person who would commit suicide or who is the

spouse, parent, child, sibling, or health care provider of such person.

2. Any public official with jurisdiction to prosecute or enforce the laws of this state may

maintain a claim for relief for an injunction against any present or future violation or

attempted violation of subsection 1 of section 12.1-16-04.
N.D. Cent. Code § 12.1-32-15 — ND Code / Title 12.1 / Chapter 12.1-32 / Section 12.1-32-15
12.1-32-15. Offenders against children and sexual offenders - Sexually violent predators - Registration requirement - Penalty
Status: in_force

12.1-32-15. Offenders against children and sexual offenders - Sexually violent

predators - Registration requirement - Penalty.

1. As used in this section:

a. "A crime against a child" means a violation of chapter 12.1-16, section

12.1-17-01.1 if the victim is under the age of twelve, 12.1-17-02, 12.1-17-04,

subdivision a of subsection 6 of section 12.1-17-07.1, section 12.1-18-01,

12.1-18-02, 12.1-18-05, chapter 12.1-29, or section 14-09-22, subsection 3 of

section 12.1-41-02, subsection 3 of section 12.1-41-03, or an equivalent offense

from another court in the United States, a tribal court, or court of another country,

in which the victim is a minor or is otherwise of the age required for the act to be

a crime or an attempt or conspiracy to commit these offenses.

b. "Department" means the department of corrections and rehabilitation.

c. "Homeless" means an individual who is physically present in this state, but is

living in a park, under a bridge, on the streets, in a vehicle or camper, or is

otherwise without a traditional dwelling, and also one who resides in this state but

does not maintain a permanent address. The term does not include individuals

who are temporarily domiciled or individuals residing in public or private shelters

that provide temporary living accommodations.

d. "Mental abnormality" means a congenital or acquired condition of an individual

that affects the emotional or volitional capacity of the individual in a manner that

predisposes that individual to the commission of criminal sexual acts to a degree

that makes the individual a menace to the health and safety of other individuals.

e. "Predatory" means an act directed at a stranger or at an individual with whom a

relationship has been established or promoted for the primary purpose of

victimization.

f. "Reside" means to live permanently or be situated for a considerable time in a

home or a particular place.

g. "Sexual offender" means a person who has pled guilty to or been found guilty,

including juvenile delinquent adjudications, of a violation of section 12.1-20-03,

12.1-20-03.1, 12.1-20-04, 12.1-20-05, 12.1-20-05.1, 12.1-20-06, 12.1-20-06.1,

12.1-20-07 except for subdivision a of subsection 1, 12.1-20-11, 12.1-20-12.1,

12.1-20-12.2, 12.1-20-12.3 except for subdivision a of subsection 1 and

subdivision b of subsection 1 if the offense involves only a demand for money,

chapter 12.1-27.2, subdivision b of subsection 1 of section 12.1-41-02, section

12.1-41-04, 12.1-41-05, or 12.1-41-06, or an equivalent offense from another

court in the United States, a tribal court, or court of another country, or an attempt

or conspiracy to commit these offenses.

h. "Sexually dangerous individual" means an individual who meets the definition

specified in section 25-03.3-01.

i. "Temporarily domiciled" means staying or being physically present in this state for

more than thirty days in a calendar year or at a location for longer than ten

consecutive days, attending school for longer than ten days, or maintaining

employment in the jurisdiction for longer than ten days, regardless of the state of

the residence.

2. The court shall impose, in addition to any penalty provided by law, a requirement that

the individual register, within three days of coming into a county in which the individual

resides, is homeless, or within the period identified in this section that the individual

becomes temporarily domiciled. The individual must register with the chief of police of

the city of the individual's place of residence, or the sheriff of the county if the

individual resides in an area other than a city. A homeless individual shall register

every three days with the sheriff or chief of police of the jurisdiction in which the

individual is physically present. The court shall require an individual to register by

stating this requirement on the court records, if that individual:

a. Has pled guilty or nolo contendere to, or been found guilty as a felonious sexual

offender or an attempted felonious sexual offender.

b. Has pled guilty or nolo contendere to, or been found guilty as a sexual offender

for, a misdemeanor or attempted misdemeanor. The court may deviate from

requiring an individual to register if the court first finds the individual is no more

than three years older than the victim if the victim is a minor, the individual has

not previously been convicted as a sexual offender or of a crime against a child,

and the individual did not exhibit mental abnormality or predatory conduct in the

commission of the offense.

c. Has pled guilty or nolo contendere to, or been found guilty of, a crime against a

child or an attempted crime against a child. Except if the offense is described in

section 12.1-29-02, or section 12.1-18-01 or 12.1-18-02 and the person is not the

parent of the victim, the court may deviate from requiring an individual to register

if the court first finds the individual has not previously been convicted as a sexual

offender or for a crime against a child, and the individual did not exhibit mental

abnormality or predatory conduct in the commission of the offense.

d. Has pled guilty or nolo contendere or been found guilty of any crime against

another individual which is not otherwise specified in this section if the court

determines that registration is warranted by the nature of the crime and therefore

orders registration for the individual. If the court orders an individual to register as

an offender under this section, the individual shall comply with all of the

registration requirements in this chapter.

e. Is a child who has been adjudicated delinquent of an offense which would classify

the child as a sexual offender, the prosecutor requested the court to consider

sexual offender registration, and the court determines the child:

(1) Exhibited a mental abnormality or predatory conduct in the commission of

the offense; or

(2) Previously has been adjudicated as a sexual offender.

3. If a court has not ordered an individual to register in this state, an individual who

resides, is homeless, or is temporarily domiciled in this state shall register if the

individual:

a. Is incarcerated or is on probation or parole after July 31, 1995, for a crime against

a child described in section 12.1-29-02, or section 12.1-18-01 or 12.1-18-02 if the

individual was not the parent of the victim, or as a sexual offender;

b. Has pled guilty or nolo contendere to, or has been found guilty of, an offense in a

court of this state for which registration is mandatory under this section or an

offense from another court in the United States, a tribal court, or court of another

country equivalent to those offenses set forth in this section; or

c. Has pled guilty or nolo contendere to, or has been found guilty of, a crime against

a child or as a sexual offender for which registration is mandatory under this

section if the conviction occurred after July 31, 1985.

4. In its consideration of mental abnormality or predatory conduct, the court shall

consider the age of the offender, the age of the victim, the difference in ages of the

victim and offender, the circumstances and motive of the crime, the relationship of the

victim and offender, and the mental state of the offender. The court may order an

offender to be evaluated by a qualified counselor, psychologist, or physician before

sentencing. Except as provided under subdivision d of subsection 2, the court may

state on the record in open court its affirmative finding for not requiring an offender to

register.

5. When an individual is required to register under this section, the official in charge of a

facility or institution where the individual required to register is confined, or the

department, shall, before the discharge, parole, or release of that individual, inform the

individual of the duty to register pursuant to this section. The official or the department

shall require the individual to read and sign a form as required by the attorney general,

stating that the duty of the individual to register has been explained to that individual.

The official in charge of the place of confinement, or the department, shall obtain the

address where the individual expects to reside, attend school, or work upon discharge,

parole, or release and shall report the address to the attorney general. The official in

charge of the place of confinement, or the department, shall give three copies of the

form to the individual and shall send three copies to the attorney general no later than

forty-five days before the scheduled release of that individual. The attorney general

shall forward one copy to the law enforcement agency having jurisdiction where the

individual expects to reside, attend school, or work upon discharge, parole, or release,

one copy to the prosecutor who prosecuted the individual, and one copy to the court in

which the individual was prosecuted. All forms must be transmitted and received by

the law enforcement agency, prosecutor, and court thirty days before the discharge,

parole, or release of the individual.

6. An individual who is required to register pursuant to this section who is released on

probation or discharged upon payment of a fine must, before the release or discharge,

be informed of the duty to register under this section by the court in which that

individual is convicted. The court shall require the individual to read and sign a form as

required by the attorney general, stating that the duty of the individual to register under

this section has been explained to that individual. The court shall obtain the address

where the individual expects to reside, attend school, or work upon release or

discharge and shall report the address to the attorney general within three days. The

court shall give one copy of the form to the individual and shall send two copies to the

attorney general. The attorney general shall forward one copy to the appropriate law

enforcement agency having jurisdiction where the individual expects to reside, attend

school, or work upon discharge, parole, or release.

7. Registration consists of a written or electronic statement signed by the individual,

giving the information required by the attorney general, and the biometric data and

photograph of the individual. An individual who is not required to provide a sample of

blood and other body fluids under section 31-13-03 or by the individual's state or court

of conviction or adjudication shall submit a sample of blood and other body fluids for

inclusion in a centralized database of DNA identification records under section
N.D. Cent. Code § 12.1-04.1-22 — ND Code / Title 12.1 / Chapter 12.1-04.1 / Section 12.1-04.1-22
12.1-04.1-22. Initial order of disposition - Commitment to treatment facility - Conditional release - Discharge
Status: in_force

12.1-04.1-22. Initial order of disposition - Commitment to treatment facility -

Conditional release - Discharge.

1. The court shall conduct a dispositional hearing within ninety days after an order of

commitment pursuant to section 12.1-04.1-21 is entered, unless the court, upon

application of the prosecuting attorney or the individual committed, for cause shown,

extends the time for the hearing. The court shall enter an initial order of disposition

within ten days after the hearing is concluded.

2. In a proceeding under this section, unless excused by order of the court, defense

counsel at the trial shall represent the individual committed.

3. If the court finds the individual lacks sufficient financial resources to retain the services

of a tier 1a mental health professional and that those services are not otherwise

available, the court shall authorize reasonable expenditures from public funds for the

individual's retention of the services of one or more tier 1a mental health professionals

to examine the individual and make other inquiry concerning the individual's mental

condition.

4. In a proceeding under this section, the individual committed has the burden of proof by

a preponderance of the evidence. The court shall enter an order in accordance with

the following requirements:

a. If the court finds the individual is not mentally ill or defective or that there is not a

substantial risk, as a result of mental illness or defect, that the individual will

commit a criminal act, the court shall order the individual discharged from further

constraint under this chapter.

b. If the court finds the individual is mentally ill or defective and there is a substantial

risk, as a result of mental illness or defect, that the individual will commit a

criminal act of violence threatening another individual with bodily injury or

inflicting property damage and that the individual is not a proper subject for

conditional release, the court shall order the individual committed to a treatment

facility for custody and treatment. If the court finds the risk the individual will

commit an act of violence threatening another individual with bodily injury or

inflicting property damage will be controlled adequately with supervision and

treatment if the individual is conditionally released and that necessary supervision

and treatment are available, the court shall order the individual released subject

to conditions it considers appropriate for the protection of society.

c. If the court finds the individual is mentally ill or defective and there is a substantial

risk, as a result of mental illness or defect, that the individual will commit a

criminal act not included in subdivision b, the court shall order the individual to

report to a treatment facility for noncustodial evaluation and treatment and to

accept nonexperimental, generally accepted medical, psychiatric, or

psychological treatment recommended by the treatment facility.
N.D. Cent. Code § 12.1-23-16 — ND Code / Title 12.1 / Chapter 12.1-23 / Section 12.1-23-16
12.1-23-16. Automated sales suppression device, zapper, or phantom-ware - Prohibition - Penalties
Status: in_force

12.1-23-16. Automated sales suppression device, zapper, or phantom-ware -

Prohibition - Penalties.

1. For purposes of this section:

a. "Automated sales suppression device" or "zapper" means a software program

accessed through any method which falsifies the electronic records, transaction

data, or transaction reports of electronic cash registers and other point-of-sale

systems.

b. "Electronic cash register" means a device that keeps a register or supporting

documents through the use of an electronic device or computer system designed

to record transaction data for the purpose of computing, compiling, or processing

retail sales transaction data or transaction reports.

c. "Phantom-ware" means a hidden, preinstalled or installed at a later time,

programming option embedded in the operating system of an electronic cash

register or hardwired into the electronic cash register, which can be used to

create a virtual second cash register or that can eliminate or manipulate

transaction records that may be preserved in digital formats to represent the true

or manipulated transaction data or reports in the electronic cash register and is

intended to falsify the electronic records of an electronic cash register or other

point-of-sale system.

d. "Transaction data" means items purchased by a customer, the price for each

item, a taxability determination for each item, a segregated tax amount for each

of the taxed items, the amount of cash or credit tendered, the net amount

returned to the customer in change, the date and time of purchase, the name,

address, and identification number of the vendor, and the receipt or invoice

number of the transaction.

e. "Transaction report" means a report documenting sales, the tax collected,

methods of payment, voided sales, or other information at an electronic cash

register which is printed on cash register tape at the end of a day or shift, or a

report documenting every transaction at an electronic cash register that is stored

electronically.

2. It is unlawful to willfully sell, purchase, possess, install, transfer, manufacture, own, or

use in this state, an automated sales suppression device, zapper, or phantom-ware.

3. Any person convicted of a violation under subsection 2 is guilty of a class B felony. Any

person convicted of a second or subsequent violation of subsection 2 is guilty of a

class A felony and also is subject to a civil penalty of not more than one hundred

thousand dollars.

4. It is a defense to prosecution under this section that the person purchased,

possessed, installed, transferred, owned, or used in this state, an automated sales

suppression device, zapper, or phantom-ware for a legitimate purpose.

5. Any person violating subsection 2 is liable for all sales and use tax, income tax, or

other tax under title 57, and any county or city sales and use tax imposed under

sections 11-09.2-05 and 40-05.1-06, and associated penalties and interest due the

state as the result of the fraudulent use of an automated sales suppression device,

zapper, or phantom-ware. Any tax found to be due must be assessed at double the

amount so determined.

6. The person shall forfeit all proceeds associated with the sale or use of an automated

sales suppression device, zapper, or phantom-ware. The proceeds forfeited under this

section must be deposited with the state treasurer for deposit in the state general fund.

7. An automated sales suppression device, zapper, or phantom-ware, and the cash

register or other device containing the device or the software, is contraband and

subject to forfeiture in accordance with chapter 29-31.1.
N.D. Cent. Code § 12.1-12-01 — ND Code / Title 12.1 / Chapter 12.1-12 / Section 12.1-12-01
12.1-12-01. Bribery
Status: in_force

12.1-12-01. Bribery

1. A person is guilty of bribery, a class C felony, if he knowingly offers, gives, or agrees to

give to another, or solicits, accepts, or agrees to accept from another, a thing of value

as consideration for:

a. The recipient's official action as a public servant; or

b. The recipient's violation of a known legal duty as a public servant.

2. It is no defense to a prosecution under this section that a recipient was not qualified to

act in the desired way whether because he had not yet assumed office, or lacked

jurisdiction, or for any other reason.

3. A prima facie case is established under this section upon proof that the actor knew that

a thing of pecuniary value was offered, given, or agreed to be given by, or solicited,

accepted, or agreed to be accepted from, a person having an interest in an imminent

or pending: a. examination, investigation, arrest, or judicial or administrative

proceeding; or b. bid, contract, claim, or application, and that interest could be affected

by the recipient's performance or nonperformance of his official action or violation of

his known legal duty as a public servant.
N.D. Cent. Code § 12.1-06.1-07 — ND Code / Title 12.1 / Chapter 12.1-06.1 / Section 12.1-06.1-07
12.1-06.1-07. Racketeering - Investigation of records - Confidentiality - Court enforcement - Classification
Status: in_force

12.1-06.1-07. Racketeering - Investigation of records - Confidentiality - Court

enforcement - Classification.

1. A custodian of the records of a financial institution shall, at no expense to the financial

institution, produce for inspection or copying the records in the custody of the financial

institution when requested to be inspected by the attorney general or a state's attorney

authorized by the attorney general, if the person requesting the information signs and

submits a sworn statement to the custodian that the request is made to investigate a

pattern of racketeering activity or a violation of section 12.1-06.1-02 or 12.1-06.1-03.

Records may be removed from the premises of the financial institution only for the

purpose of copying the records and must be returned within forty-eight hours. The

attorney general or an authorized state's attorney or any peace officer designated by

an authorized state's attorney or the attorney general may not use or release the

information except in the proper discharge of official duties. The furnishing of records

in compliance with this section by a custodian of records is a bar to civil or criminal

liability against the custodian or financial institution in any action brought alleging

violation of the confidentiality of the records. The fact that records have been obtained

may not be released in any way by the financial institution until ninety days after the

release.

2. The attorney general or the authorized state's attorney may petition the district court

for enforcement of this section upon noncompliance with the request for inspection.

Enforcement must be granted if the request is reasonable and the attorney general or

the authorized state's attorney has reasonable grounds to believe the records sought

to be inspected are relevant to a civil or criminal investigation of a pattern of

racketeering activity or a violation of section 12.1-06.1-02 or 12.1-06.1-03.

3. The investigation authority granted pursuant to the provisions of this section may not

be exercised by a state's attorney in the absence of authorization by the attorney

general.

4. Any person releasing information obtained pursuant to this section, except in the

proper discharge of official duties, is guilty of a class B misdemeanor.
N.D. Cent. Code § 12.1-17-07.1 — ND Code / Title 12.1 / Chapter 12.1-17 / Section 12.1-17-07.1
12.1-17-07.1. Stalking
Status: in_force

12.1-17-07.1. Stalking

1. As used in this section:

a. "Course of conduct" means a pattern of conduct consisting of two or more acts

evidencing a continuity of purpose. The term includes an act conducted with a

robot in the direct control of the person. The term does not include constitutionally

protected activity.

b. "Immediate family" means a spouse, parent, child, or sibling. The term also

includes any other individual who regularly resides in the household or who within

the prior six months regularly resided in the household.

c. "Robot" means an artificial object or system that senses, processes, and acts

using technology, including the associated elements, communication links, and

artificial intelligence. The term includes remotely piloted aircraft.

d. "Stalk" means:

(1) To engage in an intentional course of conduct directed at a specific person

which frightens, intimidates, or harasses that person and which serves no

legitimate purpose. The course of conduct may be directed toward that

person or a member of that person's immediate family and must cause a

reasonable person to experience fear, intimidation, or harassment; or

(2) The unauthorized tracking of the person's movements or location through

the use of a global positioning system, robot, or other electronic means that

would cause a reasonable person to be frightened, intimidated, or harassed

and which serves no legitimate purpose.

2. A person may not intentionally stalk another person.

3. In any prosecution under this section, it is not a defense that the actor was not given

actual notice that the person did not want the actor to contact or follow the person; nor

is it a defense that the actor did not intend to frighten, intimidate, or harass the person.

An attempt to contact or follow a person after being given actual notice that the person

does not want to be contacted or followed is prima facie evidence that the actor

intends to stalk that person.

4. In any prosecution under this section, it is a defense that a private investigator

licensed under chapter 43-30 or a peace officer licensed under chapter 12-63 was

acting within the scope of employment.

5. If a person claims to have been engaged in a constitutionally protected activity, the

court shall determine the validity of the claim as a matter of law and, if found valid,

shall exclude evidence of the activity.

6. a. A person who violates this section is guilty of a class C felony if:

(1) The person previously has been convicted of violating section 12.1-17-01,

12.1-17-01.1, 12.1-17-01.2, 12.1-17-02, 12.1-17-04, 12.1-17-05, or

12.1-17-07, or a similar offense from another court in North Dakota, a court

of record in the United States, or a tribal court, involving the victim of the

stalking;

(2) The stalking violates a court order issued under chapter 14-07.1 protecting

the victim of the stalking, if the person had notice of the court order; or

(3) The person previously has been convicted of violating this section.

b. If subdivision a does not apply, a person who violates this section is guilty of a

class A misdemeanor.
N.D. Cent. Code § 12.1-20-02 — ND Code / Title 12.1 / Chapter 12.1-20 / Section 12.1-20-02
12.1-20-02. Definitions
Status: in_force

12.1-20-02. Definitions

In sections 12.1-20-03 through 12.1-20-12:

1. "Coercion" means to exploit fear or anxiety through intimidation, compulsion,

domination, or control with the intent to compel conduct or compliance.

2. "Deviate sexual act" means any form of sexual contact with an animal, bird, or dead

person.

3. "Object" means anything used in commission of a sexual act other than the person of

the actor.

4. "Sexual act" means sexual contact between human beings consisting of contact

between the penis and the vulva, the penis and the anus, the mouth and the penis, the

mouth and the vulva, or any other portion of the human body and the penis, anus, or

vulva; or the use of an object which comes in contact with the victim's anus, vulva, or

penis. For the purposes of this subsection, sexual contact between the penis and the

vulva, the penis and the anus, any other portion of the human body and the anus or

vulva, or an object and the anus, vulva, or penis of the victim, occurs upon penetration,

however slight. Emission is not required.

5. "Sexual contact" means any touching, whether or not through the clothing or other

covering, of the sexual or other intimate parts of the person, or the penile ejaculation

or ejaculate or emission of urine or feces upon any part of the person, for the purpose

of arousing or satisfying sexual or aggressive desires.
N.D. Cent. Code § 12.1-32-09 — ND Code / Title 12.1 / Chapter 12.1-32 / Section 12.1-32-09
12.1-32-09. Dangerous special offenders - Habitual offenders - Extended sentences - Procedure
Status: in_force

12.1-32-09. Dangerous special offenders - Habitual offenders - Extended sentences -

Procedure.

1. A court may sentence a convicted offender to an extended sentence as a dangerous

special offender or a habitual offender in accordance with this section upon a finding of

any one or more of the following:

a. The convicted offender is a dangerous, mentally abnormal person whose conduct

has been characterized by persistent aggressive behavior and the behavior

makes the offender a serious danger to other persons.

b. The convicted offender is a professional criminal who has substantial income or

resources derived from criminal activity.

c. The convicted offender is a habitual offender. The court may not make such a

finding unless the offender is an adult and has previously been convicted in any

state or states or by the United States of two felonies committed at different times

when the offender was an adult. For the purposes of this subdivision, a felony

conviction in another state or under the laws of the United States is considered a

felony.

d. The offender was convicted of an offense that seriously endangered the life of

another person and the offender had previously been convicted of a similar

offense.

e. The offender is especially dangerous because the offender used a firearm,

dangerous weapon, or destructive device in the commission of the offense or

during the flight therefrom.

A conviction shown on direct or collateral review or at the hearing to be invalid or for

which the offender has been pardoned on the ground of innocence must be

disregarded for purposes of subdivision c. In support of findings under subdivision b, it

may be shown that the offender has had control of income or property not explained

as derived from a source other than criminal activity. For purposes of subdivision b, a

substantial source of income means a source of income which for any period of one

year or more exceeds the minimum wage, determined on the basis of a forty-hour

week and a fifty-week year, without reference to exceptions, under section 6(a)(1) of

the Fair Labor Standards Act of 1938, as amended, for an employee engaged in

commerce or in the production of goods for commerce, and which for the same period

exceeds fifty percent of the offender's declared adjusted gross income under chapter

57-38.

2. The extended sentence may be imposed in the following manner:

a. If the offense for which the offender is convicted is a class A felony, the court may

impose a sentence up to a maximum of life imprisonment.

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

impose a sentence up to a maximum of imprisonment for twenty years.

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

impose a sentence up to a maximum of imprisonment for ten years.

3. Whenever an attorney charged with the prosecution of a defendant in a court of this

state for an alleged felony committed when the defendant was over the age of

eighteen years has reason to believe that the defendant is a dangerous special

offender or a habitual offender, the attorney, at a reasonable time before trial or

acceptance by the court of a plea of guilty, may sign and file with the court, and may

amend, a notice specifying that the defendant is a dangerous special offender or a

habitual offender who upon conviction for the felony is subject to the imposition of a

sentence under subsection 2, and setting out with particularity the reasons why the

attorney believes the defendant to be a dangerous special offender or a habitual

offender. In no case may the fact that the prosecuting attorney is seeking sentencing

of the defendant as a dangerous special offender or a habitual offender be disclosed to

the jury before a verdict. If the court finds that the filing of the notice as a public record

may prejudice fair consideration of a pending criminal matter, the court may order the

notice sealed and the notice is not subject to subpoena or public inspection during the

pendency of the criminal matter, except on order of the court, but is subject to

inspection by the defendant alleged to be a dangerous special offender or a habitual

offender and the offender's counsel.

4. Upon any plea of guilty, or verdict or finding of guilt of the defendant of such felony, a

hearing must be held, before sentence is imposed, in accordance with this subsection

as follows:

a. By a jury, or the court if a jury is waived by the defendant, if the notice alleges that

the defendant is a dangerous special offender under subdivision a, b, d, or e of

subsection 1. The jury, or the court if a jury is waived, must find that the defendant

is a dangerous special offender under one or more of these subdivisions by proof

beyond a reasonable doubt. However, in the case of a notice alleging only

subdivision e of subsection 1, the trial jury, or the trial court if a jury is waived,

may make a special finding of proof of this subdivision without an additional

hearing subsequent to a verdict or finding of guilt.

b. By the court if the notice alleges that the defendant is a habitual offender under

subdivision c of subsection 1. The court must find that the defendant is a habitual

offender by a preponderance of the evidence.

5. Except in the most extraordinary cases, the court shall obtain a presentence report

and may receive a diagnostic testing report under subsection 5 of section 12.1-32-02

before holding a hearing under this subsection. The court shall fix a time for the

hearing and notice thereof must be given to the defendant and the prosecution at least

five days prior thereto. The court shall permit the prosecution and counsel for the

defendant, or the defendant if the defendant is not represented by counsel, to inspect

the presentence report sufficiently before the hearing as to afford a reasonable

opportunity for verification. In extraordinary cases, the court may withhold material not

relevant to a proper sentence, diagnostic opinion that might seriously disrupt a

program of rehabilitation, any source of information obtained on a promise of

confidentiality, and material previously disclosed in open court. A court withholding all

or part of a presentence report shall inform the parties of its action and place in the

record the reasons therefor. The court may require parties inspecting all or part of a

presentence report to give notice of any part thereof intended to be controverted. In

connection with the hearing, the defendant is entitled to compulsory process and

cross-examination of such witnesses as appear at the hearing. A duly authenticated

copy of a former judgment or commitment is prima facie evidence of such former

judgment or commitment. If the jury or the court finds, after hearing, one or more of the

grounds set forth in subsection 1, that the defendant is a dangerous special offender

or a habitual offender, the court shall sentence the defendant to imprisonment for an

appropriate term within the limits specified in subsection 2.
N.D. Cent. Code § 12.1-20-26 — ND Code / Title 12.1 / Chapter 12.1-20 / Section 12.1-20-26
12.1-20-26. Sexual reproductive imposition
Status: in_force

12.1-20-26. Sexual reproductive imposition

1. As used in this section:

a. "Donor" means an individual who donates reproductive material, regardless of

whether for personal use or compensation.

b. "Egg" means the unfertilized female reproductive cell.

c. "Health care provider" means an individual licensed or certified by the state to

deliver health care. The term includes an individual licensed to practice medicine

or osteopathy under chapter 43-17.

d. "Pre-embryo" means the product of fertilization of an egg by a sperm until the

appearance of the embryonic axis.

e. "Recipient" means an individual who receives reproductive material from a donor.

f. "Reproductive material" includes any human egg, pre-embryo, or sperm.

g. "Sperm" means the male reproductive cell.

2. A health care provider may not intentionally penetrate the vagina of a recipient with the

reproductive material of a donor or any object containing the reproductive material of a

donor knowing the recipient has not consented to the use of the reproductive material

from that donor.

3. A violation of this section is a class C felony.

4. Notwithstanding section 29-04-02, the applicable period of limitation for prosecution of

a violation under this section does not begin to run until the date on which the violation

is discovered and reported to law enforcement authorities.
N.D. Cent. Code § 12.1-32-06.1 — ND Code / Title 12.1 / Chapter 12.1-32 / Section 12.1-32-06.1
12.1-32-06.1. Length and termination of probation - Additional probation for violation of conditions - Penalty
Status: in_force

12.1-32-06.1. Length and termination of probation - Additional probation for violation

of conditions - Penalty.

1. Except as provided in this section, the length of unsupervised probation imposed in

conjunction with a sentence to probation or a suspended execution or deferred

imposition of sentence may not extend for more than five years for a felony and two

years for a misdemeanor or infraction from the later of the date of:

a. The order imposing probation;

b. The defendant's release from incarceration; or

c. Termination of the defendant's parole.

2. Except as provided in this section, the length of supervised probation imposed in

conjunction with a sentence of probation or a suspended execution or deferred

imposition of sentence may not extend for more than five years for a felony offense

subject to section 12.1-32-09.1, a felony offense subject to section 12.1-32-02.1, which

involves the use of a firearm or dangerous weapon, a second or subsequent violation

of section 12.1-17-07.1, a second or subsequent violation of any domestic violence

protection order, a violation of chapter 12.1-41, or a violation of section 14-09-22; three

years for any other felony offense; two years for a class A misdemeanor; and three

hundred sixty days for a class B misdemeanor offense from the later of the date of:

a. The order imposing probation;

b. The defendant's release from incarceration or an alternative to incarceration; or

c. Termination of the defendant's parole.

3. If the defendant has pled or been found guilty of an offense for which the court

imposes a sentence of restitution or reparation for damages resulting from the

commission of the offense, the court may, following a restitution hearing pursuant to

section 12.1-32-08, impose additional periods of unsupervised probation not to exceed

five years for each additional period imposed.

4. If the defendant has pled or been found guilty of a felony sexual offense in violation of

chapter 12.1-20, the court shall impose at least five years but not more than ten years

of supervised probation to be served after sentencing or incarceration. If the defendant

has pled or been found guilty of a class AA felony sexual offense in violation of section

12.1-20-03 or 12.1-20-03.1, the court may impose lifetime supervised probation on the

defendant. If the defendant has pled or been found guilty of a misdemeanor sexual

offense in violation of chapter 12.1-20, the court may impose additional periods of

probation not to exceed two years for each additional period imposed. If the unserved

portion of the defendant's maximum period of incarceration is less than one year, a

violation of the probation imposed under this subsection is a class A misdemeanor.

5. If the defendant has pled or been found guilty of abandonment or nonsupport of

spouse or children, the period of probation may be continued for as long as

responsibility for support continues.

6. In felony and misdemeanor cases, in consequence of violation of probation conditions,

the court may impose additional probation if the defendant has not served the

maximum sentence of imprisonment available to the court at the time of initial

sentencing or deferment or the total time on probation authorized under this section.

a. For class B and greater felony offenses, an offense subject to section

12.1-32-09.1, a felony offense subject to section 12.1-32-02.1, which involves the

use of a firearm or dangerous weapon, a second or subsequent violation of

section 12.1-17-07.1, a second or subsequent violation of any domestic violence

protection order, a violation of chapter 12.1-41, or a violation of section 14-09-22,

the total time on probation may not exceed ten years.

b. For all other felony offenses, the total time on probation may not exceed five

years.

c. For misdemeanor cases, the total time on probation may not exceed three years.

d. The court shall allow the defendant credit for a sentence of probation from the

date the defendant began probation until the date a petition to revoke probation

was filed with the court. If the defendant is on supervised probation, the

defendant is not entitled to credit for a sentence of probation for any period the

defendant has absconded from supervision. The total amount of credit a

defendant is entitled to for time spent on probation must be stated in the criminal

judgment or order of revocation of probation.

7. The court may terminate a period of probation and discharge the defendant at any

time earlier than that provided in subsection 1 if warranted by the conduct of the

defendant and the ends of justice.

8. Notwithstanding the fact that a sentence to probation subsequently can be modified or

revoked, a judgment that includes such a sentence constitutes a final judgment for all

other purposes.
N.D. Cent. Code § 12.1-31.2-01 — ND Code / Title 12.1 / Chapter 12.1-31.2 / Section 12.1-31.2-01
12.1-31.2-01. Disorderly conduct restraining order - Penalty
Status: repealed

12.1-31.2-01. Disorderly conduct restraining order - Penalty

Repealed by S.L. 2025, ch. 145, § 17.
N.D. Cent. Code § 12.1-07-01 — ND Code / Title 12.1 / Chapter 12.1-07 / Section 12.1-07-01
12.1-07-01. Treason
Status: in_force

12.1-07-01. Treason

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

felony.
N.D. Cent. Code § 12.1-20-14 — ND Code / Title 12.1 / Chapter 12.1-20 / Section 12.1-20-14
12.1-20-14. Admissibility of evidence concerning reputation of complaining witness - Gross sexual imposition and sexual imposition
Status: in_force

12.1-20-14. Admissibility of evidence concerning reputation of complaining witness -

Gross sexual imposition and sexual imposition.

Superseded by N.D.R.Ev. 412.
N.D. Cent. Code § 12.1-30-03 — ND Code / Title 12.1 / Chapter 12.1-30 / Section 12.1-30-03
12.1-30-03. Businesses allowed to operate on Sunday - Limitations
Status: repealed

12.1-30-03. Businesses allowed to operate on Sunday - Limitations

Repealed by S.L. 2019, ch. 112, § 2.
N.D. Cent. Code § 12.1-04.1-14 — ND Code / Title 12.1 / Chapter 12.1-04.1 / Section 12.1-04.1-14
12.1-04.1-14. Use of evidence obtained from examination
Status: in_force

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

1. Except as provided in subsection 2 and in sections 12.1-04.1-09 and 12.1-04.1-26,

information obtained as a result of examination of a defendant by a tier 1a mental

health professional conducted under section 12.1-04.1-05 is not admissible over

objection of the defendant in any proceeding against the defendant.

2. Subject to the limitation in section 12.1-04.1-15, information obtained from an

examination of the defendant by a tier 1a mental health professional conducted under

section 12.1-04.1-05 is admissible at trial to rebut evidence introduced by the

defendant obtained from an examination of the defendant by a tier 1a mental health

professional or to impeach the defendant on the defendant's testimony as to mental

condition at the time of the alleged offense.
N.D. Cent. Code § 12.1-30-01 — ND Code / Title 12.1 / Chapter 12.1-30 / Section 12.1-30-01
12.1-30-01. Business or labor on Sunday - Exemptions - Classification of offenses
Status: repealed

12.1-30-01. Business or labor on Sunday - Exemptions - Classification of offenses

Repealed by S.L. 2019, ch. 112, § 2.
N.D. Cent. Code § 12.1-20-06 — ND Code / Title 12.1 / Chapter 12.1-20 / Section 12.1-20-06
12.1-20-06. Sexual abuse of wards
Status: in_force

12.1-20-06. Sexual abuse of wards

A person who engages in a sexual act with another person, or any person who causes

another to engage in a sexual act is guilty of a class C felony if the other person is in official

custody or detained in a hospital, prison, or other institution and the actor has supervisory or

disciplinary authority over the other person.
N.D. Cent. Code § 12.1-25-04 — ND Code / Title 12.1 / Chapter 12.1-25 / Section 12.1-25-04
12.1-25-04. Disobedience of public safety orders under riot conditions
Status: in_force

12.1-25-04. Disobedience of public safety orders under riot conditions

A person is guilty of a class A misdemeanor if, during a riot as defined in section 12.1-25-01,

or when one is immediately impending, the person disobeys a reasonable public safety order to

move, disperse, or refrain from specified activities in the immediate vicinity of the riot. A public

safety order is an order designed to prevent or control disorder, or promote the safety of

persons or property, issued by the senior law enforcement official on the scene.
N.D. Cent. Code § 12.1-38-05 — ND Code / Title 12.1 / Chapter 12.1-38 / Section 12.1-38-05
12.1-38-05. Stay of claim for relief
Status: in_force

12.1-38-05. Stay of claim for relief

Except to the extent needed to preserve evidence, any claim for relief in which the defense

set forth in this chapter is raised must be stayed by the court on the motion of the defendant

during the pendency of any criminal action against the plaintiff based on the alleged crime.
N.D. Cent. Code § 12.1-12-09 — ND Code / Title 12.1 / Chapter 12.1-12 / Section 12.1-12-09
12.1-12-09. Definitions for chapter
Status: in_force

12.1-12-09. Definitions for chapter

In this chapter, "thing of value" and "thing of pecuniary value" do not include (1) salary, fees,

and other compensation paid by the government in consideration for which the official action or

legal duty is performed; or (2) concurrence in official action in the course of legitimate

compromise among public servants, except as provided in section 9 of article IV or section 10 of

article V of the Constitution of North Dakota.
N.D. Cent. Code § 12.1-23-02.1 — ND Code / Title 12.1 / Chapter 12.1-23 / Section 12.1-23-02.1
12.1-23-02.1. Disarming or attempting to disarm a law enforcement officer
Status: in_force

12.1-23-02.1. Disarming or attempting to disarm a law enforcement officer

Notwithstanding subdivision d of subsection 3 of section 12.1-23-05, a person is guilty of a

class C felony if, without the consent of the law enforcement officer, the person willfully takes or

removes, or attempts to take or remove, a firearm from a law enforcement officer engaged in

the performance of official duties.
N.D. Cent. Code § 12.1-17-09 — ND Code / Title 12.1 / Chapter 12.1-17 / Section 12.1-17-09
12.1-17-09. Killing or injury of law enforcement support animal - Definition - Penalty
Status: in_force

12.1-17-09. Killing or injury of law enforcement support animal - Definition - Penalty

1. A person is guilty of a class C felony and is subject to a civil penalty of up to ten

thousand dollars if that person willfully and unjustifiably kills, shoots, tortures,

torments, beats, kicks, strikes, mutilates, disables, or otherwise injures a law

enforcement support animal.

2. A person is guilty of a class A misdemeanor and is subject to a civil penalty of up to

five thousand dollars if that person willfully:

a. Harasses, taunts, or provokes a law enforcement support animal;

b. Interferes with a law enforcement support animal while the animal is working; or

c. Interferes with the individual handling the animal.

3. For purposes of this section, "law enforcement support animal" means any animal

used by or on behalf of a law enforcement officer in the performance of the officer's

functions and duties, including crowd control, corrections, arson investigation, or

search and rescue, regardless of whether the animal is on or off duty.

4. This section does not apply to a law enforcement officer or a veterinarian who

terminates the life of a law enforcement support animal to relieve the animal of undue

suffering and pain.
N.D. Cent. Code § 12.1-04.1-23 — ND Code / Title 12.1 / Chapter 12.1-04.1 / Section 12.1-04.1-23
12.1-04.1-23. Terms of commitment - Periodic review of commitment
Status: in_force

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

1. Unless an order of commitment of an individual to a treatment facility provides for

special terms as to custody during commitment, the director or superintendent of the

treatment facility may determine from time to time the nature of the constraints

necessary within the treatment facility to carry out the court's order. In an order of

commitment, the court may authorize the director or superintendent to allow the

individual a limited leave of absence from the treatment facility on terms the court may

direct.

2. In an order of commitment of an individual to a treatment facility under this chapter, the

court shall set a date for review of the status of the individual. The date set must be

within one year after the date of the order.

3. At least sixty days before a date for review fixed in a court order, the director or

superintendent of the treatment facility shall inquire as to whether the individual is

presently represented by counsel and file with the court a written report of the facts

ascertained. If the individual is not represented by counsel, counsel must be provided

at public expense to consult with the individual and, if the individual is indigent, to seek

arrangement of counsel at public expense to represent the individual in a proceeding

for conditional release or discharge.

4. If the court finds in a review the individual lacks sufficient financial resources to retain

the services of a tier 1a mental health professional and those services are otherwise

not available, the court shall authorize reasonable expenditures from public funds for

the individual's retention of the services of one or more tier 1a mental health

professionals to examine the individual and make other inquiry concerning the

individual's mental condition. In proceedings brought before the next date for review,

the court may authorize expenditures from public funds for that purpose.

5. If an application for review of the status of the individual has not been filed by the date

for review, the director or superintendent shall file a motion for a new date for review to

be set by the court. The date set must be within one year after the previous date for

review.
N.D. Cent. Code § 12.1-35-01 — ND Code / Title 12.1 / Chapter 12.1-35 / Section 12.1-35-01
12.1-35-01. Definitions
Status: in_force

12.1-35-01. Definitions

In this chapter, unless the context or subject matter otherwise requires:

1. "Child" means an individual under the age of eighteen years.

2. "Child development specialist" means an individual who demonstrates educational and

work experience exhibiting an understanding of child development and behavior.

3. "Court" means a forum established by law for the adjudication of juvenile petitions,

criminal complaints, informations, or indictments.

4. "Family member" means a spouse, child, sibling, parent, legal guardian, or custodian

of a victim.

5. "Prosecuting attorney" includes city attorney, state's attorney, attorney general, or their

assistants.

6. "Sex offense" includes all sex offenses defined as such in chapter 12.1-20.

7. "Victim" means a living child who has suffered direct or threatened physical, financial,

or emotional harm as a result of the commission or attempted commission of a crime.

8. "Witness" means any living child who has been or is expected to be summoned to

testify in a criminal case whether or not any action or proceeding has been

commenced.
N.D. Cent. Code § 12.1-05-02 — ND Code / Title 12.1 / Chapter 12.1-05 / Section 12.1-05-02
12.1-05-02. Execution of public duty
Status: in_force

12.1-05-02. Execution of public duty

1. Conduct engaged in by a public servant in the course of the person's official duties is

justified when it is required or authorized by law.

2. A person who has been directed by a public servant to assist that public servant is

justified in using force to carry out the public servant's direction, unless the action

directed by the public servant is plainly unlawful.

3. A person is justified in using force upon another to effect that person's arrest or

prevent that person's escape when a public servant authorized to make the arrest or

prevent the escape is not available if the other person has committed, in the presence

of the actor, any crime which the actor is justified in using force to prevent, or if the

other person has committed a felony involving force or violence.

4. Conduct engaged in by an individual at the direction of a public servant, known by that

individual to be a law enforcement officer, to assist in the investigation of a criminal

offense is justified unless the individual knows or has a firm belief, unaccompanied by

substantial doubt, that the conduct is not within the law enforcement officer's official

duties or authority. For purposes of this subsection, conduct "not within the law

enforcement officer's official duties or authority" is conduct in which the law

enforcement officer alone could not lawfully engage in that officer's official capacity.

When practicable, permission must be obtained from a parent or guardian of a minor

who is under the age of eighteen years and is neither married nor in the military

service of the United States before the minor may engage in conduct, other than the

providing of information, to assist in a criminal investigation under the direct

supervision of a public servant.

5. A member of the armed forces is justified in using deadly force when it reasonably

appears to be necessary to prevent the loss, theft, destruction, sabotage, or

unauthorized control of a nuclear weapon, critical nuclear component, or nuclear

explosive device.
N.D. Cent. Code § 12.1-23-05 — ND Code / Title 12.1 / Chapter 12.1-23 / Section 12.1-23-05
12.1-23-05. Grading of theft offenses
Status: in_force

12.1-23-05. In all other cases, violation of this section is a class A misdemeanor
N.D. Cent. Code § 12.1-33-02 — ND Code / Title 12.1 / Chapter 12.1-33 / Section 12.1-33-02
12.1-33-02. Rights retained by convicted person
Status: in_force

12.1-33-02. Rights retained by convicted person

Except as otherwise provided by law, a person convicted of a crime does not suffer civil

death or corruption of blood or sustain loss of civil rights or forfeiture of estate or property, but

retains all of his rights, political, personal, civil, and otherwise, including the right to hold public

office or employment; to vote; to hold, receive, and transfer property; to enter into contracts; to

sue and be sued; and to hold offices of private trust in accordance with law.
N.D. Cent. Code § 12.1-25-03 — ND Code / Title 12.1 / Chapter 12.1-25 / Section 12.1-25-03
12.1-25-03. Engaging in a riot
Status: in_force

12.1-25-03. Engaging in a riot

1. A person is guilty of a class A misdemeanor if the person engages in a riot, as defined

in section 12.1-25-01.

2. The provisions of subsection 3 of section 12.1-25-01 are applicable to attempt,

solicitation, and conspiracy to commit an offense under this section. Mere presence at

a riot is not an offense under this section.
N.D. Cent. Code § 12.1-17-07 — ND Code / Title 12.1 / Chapter 12.1-17 / Section 12.1-17-07
12.1-17-07. Harassment
Status: in_force

12.1-17-07. Harassment

1. As used in this section "robot" means an artificial object or system that senses,

processes, and acts using technology, including the associated elements,

communication links, and artificial intelligence. The term includes remotely piloted

aircraft.

2. A person is guilty of an offense if, with intent to frighten or harass another, the person:

a. Communicates in writing or by electronic communication a threat to inflict injury

on any person, to any person's reputation, or to any property;

b. Makes a telephone call anonymously or in offensively coarse language;

c. Makes repeated telephone calls or other electronic communication, whether or

not a conversation ensues, with no purpose of legitimate communication;

d. Communicates a falsehood in writing or by electronic communication and causes

mental anguish;

e. Communicates in writing, by electronic communication, or by electronically

publishing, posting, or otherwise disclosing information to a public internet site or

public forum an individual's personal identifying information; or

f. Uses a robot to engage in offensive conduct with no legitimate purpose.

3. The offense is a class A misdemeanor if it is under subdivision a of subsection 2 or

subsection 5. Otherwise it is a class B misdemeanor.

4. Any offense defined herein and committed by use of electronic communication may be

deemed to have been committed at either the place at which the electronic

communication was made or at the place where the electronic communication was

received.

5. A person is guilty of an offense if the person initiates communication with a

911 emergency line, public safety answering point, or an emergency responder

communication system with the intent to annoy or harass another person or a public

safety agency or who makes a false report to a public safety agency.

a. Intent to annoy or harass is established by proof of one or more calls with no

legitimate emergency purpose.

b. Upon conviction of a violation of this subsection, a person is also liable for all

costs incurred by any unnecessary emergency response.

6. Any offense defined herein is deemed communicated in writing if it is transmitted

electronically, by electronic mail, facsimile, or other similar means. Electronic

communication means transfer of signs, signals, writing, images, sounds, data, or

intelligence of any nature transmitted in whole or in part by a wire, radio,

electromagnetic, photo-electronic, or photo-optical system.
N.D. Cent. Code § 12.1-17.1-03 — ND Code / Title 12.1 / Chapter 12.1-17.1 / Section 12.1-17.1-03
12.1-17.1-03. Manslaughter of an unborn child
Status: in_force

12.1-17.1-03. Manslaughter of an unborn child

A person is guilty of manslaughter of an unborn child, a class B felony, if the person

recklessly causes the death of an unborn child.
N.D. Cent. Code § 12.1-04.1-10 — ND Code / Title 12.1 / Chapter 12.1-04.1 / Section 12.1-04.1-10
12.1-04.1-10. Reports by tier 1a mental health professionals and expert witnesses
Status: in_force

12.1-04.1-10. Reports by tier 1a mental health professionals and expert witnesses

A tier 1a mental health professional retained by the prosecuting attorney and a tier 1a

mental health professional whom the defendant intends to call to testify at trial shall prepare a

written report concerning any examination of the defendant and other pretrial inquiry by or under

the supervision of the tier 1a mental health professional. Any other individual whom either party

intends to call at trial as an expert witness on any aspect of the defendant's mental condition

shall prepare a written report. A report under this section must contain:

1. The specific issues addressed.

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

3. The procedures, tests, and techniques used.

4. The date and time of examination of the defendant, the explanation concerning the

examination given to the defendant, and the identity of each individual present during

an examination.

5. The relevant information obtained and findings made.

6. Matters concerning which the mental health professional was unable to obtain relevant

information and the reasons therefor.

7. The conclusions reached and the reasoning on which the conclusions were based.
N.D. Cent. Code § 12.1-27.1-10 — ND Code / Title 12.1 / Chapter 12.1-27.1 / Section 12.1-27.1-10
12.1-27.1-10. Conflicting decisions - Resolution
Status: repealed

12.1-27.1-10. Conflicting decisions - Resolution

Repealed by S.L. 1981, ch. 157, § 1.
N.D. Cent. Code § 12.1-24-03 — ND Code / Title 12.1 / Chapter 12.1-24 / Section 12.1-24-03
12.1-24-03. Deceptive writings
Status: in_force

12.1-24-03. Deceptive writings

1. A person is guilty of an offense if, with intent to deceive or harm the government or

another person, or with knowledge that the person is facilitating such a deception or

harm by another person, the person knowingly issues a writing without authority to

issue it or knowingly utters or possesses a deceptive writing.

2. The offense is:

a. A class B felony if it is committed pursuant to a scheme to defraud another or

others of money or property of a value in excess of ten thousand dollars.

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; 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 one thousand dollars.

c. A class A misdemeanor in all other cases.
N.D. Cent. Code § 12.1-20-23 — ND Code / Title 12.1 / Chapter 12.1-20 / Section 12.1-20-23
12.1-20-23. Penalty
Status: repealed

12.1-20-23. Penalty

Repealed by S.L. 1993, ch. 129, § 5.
N.D. Cent. Code § 12.1-30-04 — ND Code / Title 12.1 / Chapter 12.1-30 / Section 12.1-30-04
12.1-30-04. Retail business leases or agreements - Penalty
Status: in_force

12.1-30-04. Retail business leases or agreements - Penalty

A retail business may not be required to be open on Sunday as a part of a lease agreement,

franchise agreement, or any other contractual arrangement entered and executed before

January 1, 2019. A violation of this section is a class A misdemeanor.
N.D. Cent. Code § 12.1-17-01 — ND Code / Title 12.1 / Chapter 12.1-17 / Section 12.1-17-01
12.1-17-01. Simple assault
Status: in_force

12.1-17-01. Simple assault

1. A person is guilty of an offense if that person:

a. Willfully causes bodily injury to another human being; or

b. Negligently causes bodily injury to another human being by means of a firearm,

destructive device, or other weapon, the use of which against a human being is

likely to cause death or serious bodily injury.

2. The offense is:

a. A class C felony when the victim is a peace officer or correctional institution

employee acting in an official capacity, which the actor knows to be a fact; an

employee of the state hospital acting in the course and scope of employment,

which the actor knows to be a fact, and the actor is an individual committed to or

detained at the state hospital pursuant to chapter 25-03.3; a person engaged in a

judicial proceeding; or a member of a municipal or volunteer fire department or

emergency medical services personnel unit, or emergency department worker or

hospital worker, engaged in essential patient care, in the performance of the

member's duties.

b. A class B misdemeanor except as provided in subdivision a.
N.D. Cent. Code § 12.1-20-15 — ND Code / Title 12.1 / Chapter 12.1-20 / Section 12.1-20-15
12.1-20-15. Credibility of complaining witness attacked - Procedure
Status: in_force

12.1-20-15. Credibility of complaining witness attacked - Procedure

Superseded by N.D.R.Ev. 412.
N.D. Cent. Code § 12.1-41-01 — ND Code / Title 12.1 / Chapter 12.1-41 / Section 12.1-41-01
12.1-41-01. Definitions
Status: in_force

12.1-41-01. Definitions

In this chapter:

1. "Adult" means an individual eighteen years of age or older.

2. "Coercion" means:

a. The use or threat of force against, abduction of, serious harm to, or physical

restraint of, an individual;

b. The use of a plan, pattern, or statement with intent to cause an individual to

believe that failure to perform an act will result in the use of force against,

abduction of, serious harm to, or physical restraint of, an individual;

c. The abuse or threatened abuse of law or legal process;

d. Controlling or threatening to control an individual's access to a controlled

substance as defined in section 19-03.1-01;

e. The destruction or taking of or the threatened destruction or taking of an

individual's identification document or other property;

f. The use of debt bondage;

g. The use of an individual's physical or mental impairment when the impairment

has a substantial adverse effect on the individual's cognitive or volitional function;

or

h. The commission of civil or criminal fraud.

3. "Commercial sexual activity" means sexual activity for which anything of value is given

to, promised to, or received, by a person.

4. "Debt bondage" means inducing an individual to provide commercial sexual activity in

payment toward or satisfaction of a real or purported debt or inducing an individual to

provide labor or services in payment toward or satisfaction of a real or purported debt

if the reasonable value of the labor or services is not applied toward the liquidation of

the debt or if the length of the labor or services is not limited and the nature of the

labor or services is not defined. The term does not include an effort by a creditor to

collect an enforceable obligation by means that are permitted under state or federal

laws.

5. "Human trafficking" means the commission of an offense created by sections

12.1-41-02 through 12.1-41-06.

6. "Identification document" means a passport, driver's license, immigration document,

travel document, or other government-issued identification document, including a

document issued by a foreign government.

7. "Labor or services" means activity having economic value.

8. "Minor" means an individual less than eighteen years of age.

9. "Serious harm" means harm, whether physical or nonphysical, including psychological,

economic, or reputational, to an individual which would compel a reasonable individual

of the same background and in the same circumstances to perform or continue to

perform labor or services or sexual activity to avoid incurring the harm.

10. "Sexual activity" means "sexual act" as defined in section 12.1-20-02. The term

includes a sexually explicit performance.

11. "State" means a state of the United States, the District of Columbia, Puerto Rico, the

United States Virgin Islands, or any territory or insular possession subject to the

jurisdiction of the United States. The term includes an Indian tribe or band recognized

by federal law or formally acknowledged by a state.

12. "Victim" means an individual who is subjected to human trafficking or to conduct that

would have constituted human trafficking had this chapter been in effect when the

conduct occurred, regardless of whether a perpetrator is identified, apprehended,

prosecuted, or convicted.
N.D. Cent. Code § 12.1-27.1-03 — ND Code / Title 12.1 / Chapter 12.1-27.1 / Section 12.1-27.1-03
12.1-27.1-03. Promoting obscenity to minors - Minor performing in obscene performance - Classification of offenses
Status: in_force

12.1-27.1-03. Promoting obscenity to minors - Minor performing in obscene

performance - Classification of offenses.

1. It is a class C felony for a person, knowing of its character, to recklessly promote to a

minor any material or performance which is harmful to minors, or to admit a minor to

premises where a performance harmful to minors is exhibited or takes place.

2. It is a class C felony to permit a minor to participate in a performance which is harmful

to minors.
N.D. Cent. Code § 12.1-23-08.1 — ND Code / Title 12.1 / Chapter 12.1-23 / Section 12.1-23-08.1
12.1-23-08.1. Removal of identification marks
Status: in_force

12.1-23-08.1. Removal of identification marks

1. A person commits the offense of removal of identification marks if he, with intent to

cause interruption of the ownership of another, defaces, erases, or otherwise alters

any serial number or identification mark placed or inscribed on any personal property

by the manufacturer or owner for the purpose of identifying the personal property or its

component parts, provided the personal property exceeds one hundred dollars in

value. A person removes identification marks if he attempts to or succeeds in erasing,

defacing, altering, or removing a serial number or identification mark or part thereof, on

the personal property of another, that exceeds one hundred dollars in value.

2. A person who commits the offense of removal of identification marks on property or its

component parts which exceeds one hundred dollars in value is guilty of a class A

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

12.1-04-04. Definitions

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

1. "Fitness to proceed" means sufficient present ability to consult with the individual's

counsel with a reasonable degree of rational understanding and a rational as well as

factual understanding of the proceedings against the individual.

2. "Least restrictive appropriate setting" means available treatment or service that best

meets the identified need and is no more restrictive of physical or social liberties than

what is necessary to meet the need.

3. "Therapeutically appropriate treatment" means treatment that provides the individual

the greatest probability of improvement or cure.
N.D. Cent. Code § 12.1-32-14 — ND Code / Title 12.1 / Chapter 12.1-32 / Section 12.1-32-14
12.1-32-14. Restoration of property or other work to be required of certain offenders
Status: in_force

12.1-32-14. Restoration of property or other work to be required of certain offenders

Other provisions of this chapter notwithstanding, whenever a person convicted of criminal

mischief is placed on probation pursuant to section 12.1-32-02 or 12.1-32-07, the court shall

include as a condition of that probation the requirement that the person perform restoration or

other assigned work as specified in subdivision e of subsection 4 of section 12.1-32-07.
N.D. Cent. Code § 12.1-13-04 — ND Code / Title 12.1 / Chapter 12.1-13 / Section 12.1-13-04
12.1-13-04. Impersonating officials
Status: in_force

12.1-13-04. Impersonating officials

1. A person is guilty of an offense if he falsely pretends to be:

a. A public servant, other than a law enforcement officer, and acts as if to exercise

the authority of such public servant.

b. A public servant or a former public servant and thereby obtains a thing of value.

c. A law enforcement officer.

2. It is no defense to prosecution under this section that the pretended capacity did not

exist or the pretended authority could not legally or otherwise have been exercised or

conferred.

3. An offense under subdivision b or c of subsection 1 is a class A misdemeanor. An

offense under subdivision a of subsection 1 is a class B misdemeanor.
N.D. Cent. Code § 12.1-32-04 — ND Code / Title 12.1 / Chapter 12.1-32 / Section 12.1-32-04
12.1-32-04. Factors to be considered in sentencing decision
Status: in_force

12.1-32-04. Factors to be considered in sentencing decision

The following factors, or the converse thereof where appropriate, while not controlling the

discretion of the court, shall be accorded weight in making determinations regarding the

desirability of sentencing an offender to imprisonment:

1. The defendant's criminal conduct neither caused nor threatened serious harm to

another person or his property.

2. The defendant did not plan or expect that his criminal conduct would cause or threaten

serious harm to another person or his property.

3. The defendant acted under strong provocation.

4. There were substantial grounds which, though insufficient to establish a legal defense,

tend to excuse or justify the defendant's conduct.

5. The victim of the defendant's conduct induced or facilitated its commission.

6. The defendant has made or will make restitution or reparation to the victim of his

conduct for the damage or injury which was sustained.

7. The defendant has no history of prior delinquency or criminal activity, or has led a

law-abiding life for a substantial period of time before the commission of the present

offense.

8. The defendant's conduct was the result of circumstances unlikely to recur.

9. The character, history, and attitudes of the defendant indicate that he is unlikely to

commit another crime.

10. The defendant is particularly likely to respond affirmatively to probationary treatment.

11. The imprisonment of the defendant would entail undue hardship to himself or his

dependents.

12. The defendant is elderly or in poor health.

13. The defendant did not abuse a public position of responsibility or trust.

14. The defendant cooperated with law enforcement authorities by bringing other

offenders to justice, or otherwise cooperated.

Nothing herein shall be deemed to require explicit reference to these factors in a presentence

report or by the court at sentencing.