Title 12.1 — Criminal Code

A person is guilty of a class C felony if he negligently causes the death of another human being. 12.1-16-04. Assisting the commission of suicide - Causing death by suicide - Penalties. 1. Any person who intentionally or knowingly aids, abets, facilitates, solicits, or incites an…

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, sibl…

Sections 12.1-16-04 through 12.1-16-06 do not preclude the use of medications or procedures necessary to relieve a person's pain or discomfort if the use of the medications or procedures is not intentionally or knowingly prescribed or administered to cause the death of that perso…

Any person given standing under subsection 1 of section 12.1-16-05, except the health care provider, may maintain a claim for relief for compensatory and punitive damages against any person who violates or attempts to violate section 12.1-16-04. Prior knowledge of or consent to t…

If the person who assists in a suicide in violation of section 12.1-16-04 is a person who is licensed, certified, or otherwise authorized by title 43 to administer health care in the ordinary course of business or professional practice, the licensing agency that issued the licens…

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…

A person is guilty of a class A misdemeanor, except if the victim is under the age of twelve years in which case the offense is a class C felony, if that person: 1. Willfully causes substantial bodily injury to another human being; or 2. Negligently causes substantial bodily inju…

1. For purposes of this section "family or household member" means family or household member as defined in section 14-07.1-01. 2. A person is guilty of an offense if that person willfully causes: a. Bodily injury to the actor's family or household member; b. Substantial bodily i…

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 w…

An individual is guilty of an offense if the individual creates a substantial risk of serious bodily injury or death to another. The offense is a class B felony if the individual uses a firearm. The offense is a class C felony if the circumstances manifest the individual's extrem…

A person is guilty of a class C felony if, with intent to place another human being in fear for that human being's or another's safety or to cause evacuation of a building, place of assembly, or facility of public transportation, or otherwise to cause serious disruption or public…

1. As used in this section: a. "Domestic terrorism" means an activity conducted within the geographical boundaries of the state which: (1) Is done in cooperation with any federally designated terrorist organization that threatens or appears to threaten the sovereignty of the stat…

A person is guilty of a class A misdemeanor if he knowingly places or attempts to place another human being in fear by menacing him with imminent serious bodily injury.

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 an…

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…

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 protect…

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. "Hos…

1. When conduct is an offense because it causes or threatens bodily injury, consent to such conduct or to the infliction of such injury by all persons injured or threatened by the conduct is a defense if: a. Neither the injury inflicted nor the injury threatened is such as to jeo…

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 anima…

A person is guilty of an offense when, in the course of another person's initiation into or affiliation with any organization, the person willfully engages in conduct that creates a substantial risk of physical injury to that other person or a third person. As used in this sectio…

1. An individual is guilty of an offense if the individual causes blood, emesis, excrement, mucus, saliva, semen, vaginal fluid, or urine to come in contact with: a. A law enforcement officer acting in the scope of employment; b. An employee of a correctional facility or the depa…

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.

1. As used in this section, "intimate partner" means an offender's spouse, former spouse, current dating partner, recent former dating partner, or another individual with whom the offender has a child in common regardless of whether the offender and the individual are or have bee…

1. As used in this section: a. "Abortion" means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable intrauterine pregnancy of a woman, including the elimination of one or …

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…

A person is guilty of a class C felony, if he: 1. Knowingly abducts another; 2. Knowingly restrains another under terrorizing circumstances or under circumstances exposing him to risk of serious bodily injury; or 3. Restrains another with intent to hold him in a condition of invo…

1. A person is guilty of a class A misdemeanor if he knowingly subjects another to unlawful restraint. 2. It is a defense to a prosecution under this section that the actor is a parent or person in equivalent relation to the person restrained and that the person restrained is a m…

In this chapter: 1. "Abduct" means to restrain a person with intent to prevent his liberation by: a. Secreting or holding him in a place where he is not likely to be found; or b. Endangering or threatening to endanger the safety of any human being. 2. "Restrain" means to restrict…

Any person who intentionally removes, causes the removal of, or detains the person's own child under the age of eighteen years outside this state with the intent to deny another person's rights in violation of an existing custody decree is guilty of a class C felony. Detaining th…

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 be…

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 de…

1. A person who engages in a sexual act with another, or who causes another to engage in a sexual act, is guilty of an offense if: a. That person compels the victim to submit by force or by threat of imminent death, serious bodily injury, or kidnapping, to be inflicted on any hum…

1. An individual in adult court is guilty of an offense if the individual engages in any combination of three or more sexual acts or sexual contacts with a minor under the age of fifteen years during a period of three or more months. The offense is a class AA felony if the actor …

A person who engages in a sexual act or sexual contact with another, or who causes another to engage in a sexual act or sexual contact, is guilty of a class B felony if the actor: 1. Compels the other person to submit by any threat or coercion that would render a person reasonabl…

1. An adult who engages in, solicits with the intent to engage in, or causes another to engage in a sexual act with a minor, is guilty of a class A misdemeanor if the victim is a minor fifteen years of age or older. 2. An adult who solicits with the intent to engage in a sexual a…

1. An adult is guilty of luring minors by computer or other electronic means when: a. The adult knows the character and content of a communication that, in whole or in part, implicitly or explicitly discusses or depicts actual or simulated nudity, sexual acts, sexual contact, sad…

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 d…

Any person who is or who holds oneself out to be a therapist and who intentionally has sexual contact, as defined in section 12.1-20-02, with a patient or client during any treatment, consultation, interview, or examination is guilty of a class C felony. Consent by the complainan…

1. A person who knowingly has sexual contact with another person, or who causes another person to have sexual contact with that person, is guilty of an offense if: a. That person knows or has reasonable cause to believe that the contact is offensive to the other person; b. That p…

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. A married person is guilty of a class A misdemeanor if he or she engages in a sexual act with another person who is not his or her spouse. 2. No prosecution shall be instituted under this section except on the complaint of the spouse of the alleged offender, and the prosecutio…

Repealed by S.L. 2007, ch. 131, § 4.

A person who intermarries, cohabits, or engages in a sexual act with another person related to him within a degree of consanguinity within which marriages are declared incestuous and void by section 14-03-03, knowing such other person to be within said degree of relationship, is …

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.

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 …

1. An individual, with the intent to arouse, appeal to, or gratify that individual's lust, passions, or sexual desires, is guilty of a class A misdemeanor if that individual does any of the following: a. With intent to intrude upon or interfere with the privacy of another, enters…

1. An individual commits the offense of sexual extortion if the individual: a. With an intent to coerce a victim to engage in sexual contact, in sexually explicit conduct, or in simulated sexually explicit conduct, or to produce, provide, or distribute an image, video, or other r…

1. A person who marries another person, while married to another person, is guilty of a class C felony. 2. Subsection 1 does not extend to: a. A person whose spouse has been absent for five successive years and is believed by him or her to be dead. b. A person whose spouse has vo…

Superseded by N.D.R.Ev. 412. 12.1-20-15.1. Admissibility of evidence of victim's manner of dress in sex offense cases. Superseded by N.D.R.Ev. 412.

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…