53 chapters · 382 sections in this title.
N.D.C.C. § 12.1-23-01 Consolidation of theft offenses
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1. Conduct denominated theft in sections 12.1-23-02 to 12.1-23-04 constitutes a single offense designed to include the separate offenses heretofore known as larceny, stealing, purloining, embezzlement, obtaining money or property by false pretenses, extortion, blackmail, fraudule…
N.D.C.C. § 12.1-23-02 Theft of property
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A person is guilty of theft if he: 1. Knowingly takes or exercises unauthorized control over, or makes an unauthorized transfer of an interest in, the property of another with intent to deprive the owner thereof; 2. Knowingly obtains the property of another by deception or by thr…
N.D.C.C. § 12.1-23-02.1 Disarming or attempting to disarm a law enforcement officer
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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 engag…
N.D.C.C. § 12.1-23-03 Theft of services
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A person is guilty of theft if: 1. He intentionally obtains services, known by him to be available only for compensation, by deception, threat, false token, or other means to avoid payment for the services; or 2. Having control over the disposition of services of another to which…
N.D.C.C. § 12.1-23-04 Theft of property lost, mislaid, or delivered by mistake
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A person is guilty of theft if he: 1. Retains or disposes of property of another when he knows it has been lost or mislaid; or 2. Retains or disposes of property of another when he knows it has been delivered under a mistake as to the identity of the recipient or as to the nature…
N.D.C.C. § 12.1-23-05 In all other cases, violation of this section is a class A misdemeanor
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[Repealed or reserved.]
N.D.C.C. § 12.1-23-06 Unauthorized use of a vehicle
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1. A person is guilty of an offense if, knowing that the person does not have the consent of the owner, the person takes, operates, or exercises control over an automobile, train, aircraft, motorcycle, motorboat, or other motor-propelled vehicle of another. 2. It is a defense to …
N.D.C.C. § 12.1-23-07 Misapplication of entrusted property
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1. A person is guilty of misapplication of entrusted property if the person disposes of, uses, or transfers any interest in property that has been entrusted to the person as a fiduciary, or in the person's capacity as a public servant or an officer, director, agent, employee of, …
N.D.C.C. § 12.1-23-08 Defrauding secured creditors
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1. An owner of property who creates a security interest in such property may not intentionally alter, conceal, destroy, damage, encumber, transfer, remove, or otherwise deal with property that is subject to the security interest without the prior consent of the secured party if t…
N.D.C.C. § 12.1-23-08.1 Removal of identification marks
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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 …
N.D.C.C. § 12.1-23-08.2 Possession of altered property
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1. A person is guilty of the offense of possession of altered property if he possesses property the identifying features of which, including serial numbers or labels, have been removed or in any fashion altered, knowing the serial number or identification mark placed on the same …
N.D.C.C. § 12.1-23-08.3 Dealing in stolen property
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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 proper…
N.D.C.C. § 12.1-23-08.4 Duplication of keys
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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…
N.D.C.C. § 12.1-23-09 Defenses and proof as to theft and related offenses
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1. It is a defense to a prosecution under this chapter that: a. The actor reasonably believed that the actor had a claim to the property or services involved which the actor was entitled to assert in the manner which forms the basis for the charge against the actor; or b. The vic…
N.D.C.C. § 12.1-23-10 Definitions for theft and related offenses
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In this chapter: 1. "Dealer in property" means a person who buys or sells property as a business. 2. "Deception" means: a. Creating or reinforcing a false impression as to fact, law, status, value, intention, or other state of mind; or obtaining or attempting to obtain public ass…
N.D.C.C. § 12.1-23-11 Unauthorized use of personal identifying information - Penalty
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1. As used in this section, "personal identifying information" means any of the following information: a. An individual's name; b. An individual's address; c. An individual's telephone number; d. The operator's license information assigned to an individual by the department of tr…
N.D.C.C. § 12.1-23-12 Jurisdiction - Conduct outside this state
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Notwithstanding section 29-03-01.1, a person who, while outside this state and by use of deception, obtains, deprives, or conspires, solicits, or attempts to obtain the property of a person within this state or to deprive the person of property is subject to prosecution under thi…
N.D.C.C. § 12.1-23-13 Distribution and use of theft detection shielding devices
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1. A person is guilty of unlawful distribution of a theft detection shielding device if the person knowingly manufactures, sells, offers for sale, or distributes any laminated or coated bag or device peculiar to shielding and intended to shield merchandise from detection by an el…
N.D.C.C. § 12.1-23-15 Purchase of beer kegs - Penalty
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A recycler, scrap metal dealer, or scrapyard operator may not purchase a metal beer keg, whether damaged or undamaged, except from the brewer or the brewer's authorized representative, if: 1. The keg is clearly marked as the property of a brewery manufacturer; or 2. The keg's ide…
N.D.C.C. § 12.1-23-18 Definitions
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As used in this chapter: 1. "Payment card" means a credit card, charge card, debit card, or any other card issued to an authorized card user which allows the user to obtain, purchase, or receive credit, money, goods, services, or anything else of value. 2. "Re-encoder" means an e…
N.D.C.C. § 12.1-23-19 Use and possession of re-encoders and scanning devices - Penalty
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1. An individual is guilty of a class B felony if the individual uses or attempts to use a skimmer, re-encoder, or a scanning device to obtain information from a payment card, driver's license, or state-issued identification card without the permission of the authorized card user…