Title 12.1 — Criminal Code

Repealed by S.L. 1993, ch. 129, § 5. 12.1-20-19. Release of sexual offender from place of confinement - Duties of official in charge. Repealed by S.L. 1993, ch. 129, § 5.

Repealed by S.L. 1993, ch. 129, § 5.

Repealed by S.L. 1993, ch. 129, § 5.

Repealed by S.L. 1993, ch. 129, § 5.

Repealed by S.L. 1993, ch. 129, § 5.

1. As used in this section: a. "Adult entertainment center" means any commercial facility at which motion pictures or videos that include explicit representations of sexual conduct are offered for viewing at that facility, but does not include the guest rooms of a hotel or motel.…

1. Except for purposes of voting in a school building used as a public polling place or attending an open meeting under chapter 44-04 in a school building, a sexual offender, as defined in section 12.1-32-15, who has pled guilty or been found guilty of or has been adjudicated del…

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 t…

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 ow…

1. An individual is guilty of an offense if the individual intentionally starts or maintains a fire or causes an explosion and thereby recklessly: a. Places another person in danger of death or bodily injury; b. Places an entire or any part of a building or inhabited structure of…

A person who knows that a fire which was started or maintained, albeit lawfully, by him or with his assent is endangering life or a substantial amount of property of another is guilty of a class A misdemeanor if he willfully fails either to take reasonable measures to put out or …

It is unlawful for any person to negligently cause a fire to be started in any part of any hotel, motel, roominghouse, lodginghouse, or other place of public abode so as to endanger life or property in any way or to any extent. 1. The state fire marshal shall print and distribute…

1. A person is guilty of a class B felony if he intentionally causes a catastrophe by any means and is guilty of a class C felony if he does so willfully. 2. A person is guilty of a class C felony if he willfully creates a risk of catastrophe, although no fire, explosion, or othe…

1. A person is guilty of an offense if that person: a. Willfully tampers with tangible property of another so as to endanger person or property; or b. Willfully damages tangible property of another. 2. The offense is: a. A class B felony if the actor intentionally causes pecuniar…

A person is guilty of an offense if that person removes, damages, or obstructs any telephone or telephone line or any part or apparatus on the line, or severs any wire connected to the line, so as to interfere with an emergency telephone call. The offense is a class C felony if i…

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.

In this chapter: 1. "Inhabited structure" means a structure or vehicle: a. Where any person lives or carries on business or other calling; b. Where people assemble for purposes of business, government, education, religion, entertainment, or public transportation; or c. Which is u…

1. A person is guilty of robbery if, in the course of committing a theft, he inflicts or attempts to inflict bodily injury upon another or threatens or menaces another with imminent bodily injury. 2. Robbery is a class A felony if the actor fires a firearm or explodes or hurls a …

1. A person is guilty of burglary if he willfully enters or surreptitiously remains in a building or occupied structure, or a separately secured or occupied portion thereof, when at the time the premises are not open to the public and the actor is not licensed, invited, or otherw…

1. An individual is guilty of a class C felony if, knowing the individual is not licensed or privileged to do so, the individual enters or remains in a dwelling or in highly secured premises. 2. An individual who unlawfully detains, occupies, or trespasses upon a residential dwel…

Repealed by S.L. 2001, ch. 134, § 11.

1. A person is guilty of an offense if, knowing that the person is not licensed or privileged to do so, the person: a. Forcibly enters a vehicle, vessel, or aircraft; b. Enters a vehicle, vessel, or aircraft, without the use of force, with intent to commit a crime; or c. Enters a…

A person is guilty of a class A misdemeanor if, knowing that he is not licensed or privileged to do so, he surreptitiously remains aboard a vehicle, train, vessel, or aircraft with intent to obtain transportation.

In sections 12.1-22-02 to 12.1-22-06: 1. "Dwelling" means real property or residential property, including a building, structure, or part of a building or structure, used or intended to be used as a home or residence. 2. "Highly secured premises" means any place which is continuo…

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…

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…

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…

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…

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…

[Repealed or reserved.]

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 …

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, …

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…

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 …

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 …

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

1. A person is guilty of forgery or counterfeiting if, with intent to deceive or harm the government or another person, or with knowledge that the person is facilitating such deception or harm by another person, the person: a. Knowingly and falsely makes, completes, or alters any…

1. A person is guilty of an offense if, except as authorized by statute or by regulation, he knowingly makes, executes, sells, buys, imports, possesses, or otherwise has within his control any plate, stone, paper, tool, die, mold, or other implement or thing uniquely associated w…

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 …

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 wr…

1. A person is guilty of an offense if he makes or utters a slug with intent to deprive a supplier of property or service sold or offered by means of a coin machine or with knowledge that he is facilitating such a deprivation by another person. 2. The offense is a class A misdeme…