Title 29 — Judicial Procedure, Criminal

Lawful resistance to the commission of a public offense may be made: 1. By the party about to be injured; or 2. By other parties.

Resistance sufficient to prevent a public offense may be made by a party about to be injured: 1. To prevent an offense against the party's person or the party's family or some member thereof; or 2. To prevent an illegal attempt by force to take or injure property in the party's l…

Any person, in aid or defense of a person about to be injured by a public offense, may make resistance sufficient to prevent the offense.

Public offenses may be prevented by the intervention of officers of justice: 1. By requiring security to keep the peace; 2. By providing police in cities and by requiring their attendance in exposed places; and 3. By suppressing riots.

Whenever officers of justice are authorized to act in the prevention of public offenses, other persons who by their command act in their aid are justified in so doing.

A complaint may be laid before any magistrate mentioned in section 29-01-14, authorized by law to act within the county, that a person has threatened to commit an offense against the person or property of another.

A complaint within the meaning of section 29-02-06 is a statement in writing, made to a magistrate, that a person has threatened to commit an offense against the person or property of another, and subscribed and sworn to by the complainant.

If it appears from a complaint to a magistrate that there is just reason to fear the commission of an offense threatened by the person complained of, the magistrate shall issue a warrant directed generally to the sheriff of the county, marshal, or policeman of the city, reciting …

If a person complained of is brought before a magistrate upon the charge that that person threatened to commit an offense against another, the magistrate, if the charge is controverted, shall take testimony in relation thereto. The evidence on demand of the defendant must be redu…

If it appears that there is no just reason to fear the commission of an offense alleged to have been threatened, the person complained of must be discharged.

If there is just reason to fear the commission of an offense, the person complained of may be required to enter into an undertaking in such sum, not exceeding one thousand dollars, as the magistrate may direct, with one or more sufficient sureties to abide the order of the next d…

If an undertaking to keep the peace as required by section 29-02-11 is given, the party complained of must be discharged. If the party does not give it, the magistrate shall commit the person to prison specifying in the warrant the requirement to give security, the amount thereof…

A person who in the presence of a court or magistrate assaults or threatens to assault another, or to commit an offense against another's person or property, or who contends with another with angry words, may be ordered by the court or magistrate to give security, as is provided …

A person who has entered into an undertaking to keep the peace shall appear on the first day of the next term of the district court of the county. If that person does not, the court may forfeit that person's undertaking and order it to be prosecuted unless that person's default i…

If the one who complained of a person who has entered into an undertaking to keep the peace does not appear on the first day of the next term of the district court of the county, the person complained of may be discharged unless good cause to the contrary is shown.

If the complainant and accused both appear, as is required by sections 29-02-15 and 29-02-16, the court may hear their proofs and allegations, and may discharge the undertaking or require a new one for a time not exceeding one year.

An undertaking to keep the peace is broken on the failure of a person complained of to appear at the district court as provided in section 29-02-15 or upon that person's being convicted of a breach of the peace.

If the state's attorney produces to the district court to which an undertaking to keep the peace is returned, evidence that the principal has been convicted of a breach of the peace, that court shall order the undertaking to be prosecuted and the state's attorney thereupon shall …

In an action prosecuted for breach of an undertaking to keep the peace, the offense stated in the record of conviction must be alleged as the breach of the undertaking, and such record is conclusive evidence thereof.

Security to keep the peace or to be of good behavior cannot be required except as is prescribed in this chapter.

In all cases in which security is furnished under the provisions of this chapter to keep the peace, the court, in addition to the orders mentioned in this chapter, shall tax the costs against the complainant or defendant, or both, as justice may require, and shall enter judgment …

The mayor or other officer having the direction of the police in a city shall order a force sufficient to preserve the peace to attend any public meeting when that person is satisfied that a breach of the peace is reasonably apprehended.

If the persons assembled and commanded to disperse do not immediately disperse, any magistrate or law enforcement officer may command the aid of a sufficient number of persons and may proceed in such manner as in that person's judgment is necessary to disperse the assembly and ar…