Title 12.1 — Criminal Code

1. Except as provided under section 12-48.1-02 and pursuant to rules adopted by the department of corrections and rehabilitation, an offender who is convicted of a crime in violation of section 12.1-16-01, 12.1-16-02, subsection 2 of section 12.1-17-02, section 12.1-18-01, subdiv…

Repealed by S.L. 1989, ch. 51, § 5.

1. Unless the court otherwise orders, when a person serving a term of commitment imposed by a court of this state is committed for another offense or offenses, the shorter term or the shorter remaining term shall be merged in the other term. When a person on probation or parole f…

Whenever a minor is convicted of a felony, the sentencing court may commit the person to the North Dakota youth correctional center as provided in this title. Provided, however, that a minor over the age of sixteen who is convicted of a felony may be sentenced to a penal institut…

1. Notwithstanding any other provision of law, a court may reduce a term of imprisonment imposed upon a defendant convicted as an adult for an offense committed and completed before the defendant was eighteen years of age if: a. The defendant has served at least twenty years in c…

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 …

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 …

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 impeachm…

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…

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 offens…

1. A public employer may not inquire into or consider the criminal record or criminal history of an applicant for public employment until the applicant has been selected for an interview by the employer. 2. This section does not apply to the department of corrections and rehabili…

1. If the sentence were in this state, the sentence shall state that the defendant's rights to vote and to hold any future public office are not lost except during the term of any actual incarceration and that he suffers no other disability by virtue of his conviction and sentenc…

This chapter does not: 1. Affect the power of a court, otherwise given by law to impose sentence or to suspend imposition or execution of sentence on any conditions, or to impose conditions of probation, or the power of the parole board to impose conditions of parole. 2. Deprive …

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 a…

1. As used in this section: a. "Sexual assault victim advocate" means a victim advocate of a domestic violence sexual assault organization as defined under section 14-07.1-01, or a victim advocate from a children's advocacy center as defined in section 50-25.1-02. b. "Sexual viol…

Victims and witnesses have all of the following responsibilities to aid in the prosecution of crime: 1. To make a timely report of the crime. 2. To cooperate with law enforcement authorities throughout the investigation, prosecution, and trial. 3. To testify at trial. 4. To notif…

Each prosecuting attorney is responsible for securing for victims and witnesses of crime the rights and services described in this chapter. Those services include all of the following: 1. Court appearance notification services, including cancellations of appearances. 2. Informati…

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…

1. The office of the attorney general shall maintain a statewide automated victim information and notification system that must: a. Permit a victim to register or update the victim's registration information for the system by calling a toll-free telephone number or accessing a pu…

The attorney general shall develop a card containing the rights of victims as provided in this chapter and section 25 of article I of the Constitution of North Dakota to be distributed to all crime victims.

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 de…

In addition to all rights afforded to victims and witnesses by law, state's attorneys are encouraged to provide the following additional services to children who are involved in criminal proceedings as victims or witnesses: 1. Explanations, in language understood by the child, of…

The prosecuting attorney, the court, and appropriate law enforcement personnel, to the extent possible, shall protect the victim or witness from the psychological damage of repeated or lengthy interview, testimony, or discovery proceedings while preserving the rights of the publi…

In all criminal cases and juvenile proceedings involving a child victim or witness, the court and the state's attorney shall take appropriate action to ensure a speedy trial in order to minimize the length of time the child must endure the stress of involvement in the proceedings…

Upon request of a witness who is under the age of fourteen, the court shall permit an individual selected by the court to sit with, accompany, or be in close proximity to the witness in order to provide support to the witness while that witness is giving testimony. In order to pr…

In any criminal proceeding in which the defendant is charged with a violation of chapter 12.1-20 involving a child, the court, upon the motion of the prosecuting attorney, shall conduct a hearing to determine whether the testimony of and relating to a child may be closed to the p…

This chapter applies to any criminal proceeding, including a deposition or other discovery proceeding.

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…

1. Except as provided in subsection 2, any person who knowingly separates or surgically alters normal, healthy, functioning genital tissue of a female minor is guilty of a class C felony. 2. A surgical operation is not a violation of this section if a licensed medical practitione…

As used in this chapter, unless the context otherwise requires: 1. "Convicted" includes a finding of guilt, whether or not the adjudication of guilt is stayed or executed, an unwithdrawn judicial admission of guilt or guilty plea, a no contest plea, a judgment of conviction, an a…

A perpetrator assumes the risk of loss, injury, or death resulting from or arising out of a course of criminal conduct involving a crime, as defined in this chapter, engaged in by the perpetrator or an accomplice, as defined in section 12.1-03-01, and the crime victim is immune f…

If the perpetrator does not prevail in a claim for relief that is subject to this chapter, the court may award reasonable expenses, including attorney's fees and disbursements, to the victim.

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.

As used in this chapter, unless the context otherwise requires: 1. "Fetus" means a living organism of the species homo sapiens from eight weeks' development until complete expulsion or extraction from a woman's body, or until removal from an artificial womb or other similar envir…

1. A person may not intentionally or knowingly: a. Perform or attempt to perform human cloning; b. Participate in performing or attempting to perform human cloning; c. Transfer or receive the product of a human cloning for any purpose; or d. Transfer or receive, in whole or in pa…

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 …

1. A person commits the offense of trafficking an individual if the person knowingly recruits, transports, transfers, harbors, receives, provides, obtains, isolates, maintains, or entices an individual in furtherance of: a. Forced labor in violation of section 12.1-41-03; or b. S…

1. A person commits the offense of forced labor if the person knowingly uses coercion to compel an individual to provide labor or services, except when that conduct is permissible under federal law or law of this state other than this chapter. 2. Forced labor of an individual who…

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…

1. A person commits the offense of patronizing a victim of sexual servitude if the person knowingly gives, agrees to give, or offers to give anything of value so that an individual may engage in commercial sexual activity with another individual and the person knows that the othe…

1. A person commits the offense of patronizing a minor for commercial sexual activity if: a. With the intent that an individual engage in commercial sexual activity with a minor, the person gives, agrees to give, or offers to give anything of value to a minor or another person so…

1. A person that is a business entity may be prosecuted for an offense under sections 12.1-41-02 through 12.1-41-06 as provided by chapter 12.1-03. 2. When a person that is a business entity is prosecuted for an offense under sections 12.1-41-02 through 12.1-41-06, the court may …

1. An aggravating circumstance 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 recruited, enticed, or obtained the victim of the offense from a shelter that serves individuals subjected to human trafficking, domest…

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 fel…

1. The court shall order a person convicted of an offense under section 12.1-41-02, 12.1-41-03, or 12.1-41-04 to pay restitution to the victim of the offense for: a. Expenses incurred or reasonably certain to be incurred by the victim as a result of the offense, including reasona…

In an investigation of or a prosecution for an offense under this chapter, a law enforcement agency and state's attorney shall keep confidential the identity, pictures, and images of the alleged victim and the family of the alleged victim, except to the extent that disclosure is:…

In a prosecution for an offense under this chapter or a civil action under section 12.1-41-15, evidence of a specific instance of the alleged victim's past sexual behavior or reputation or opinion evidence of past sexual behavior of the alleged victim is not admissible unless the…

1. If the individual was a minor at the time of the offense and committed the offense as a direct result of being a victim, the individual is not criminally liable or subject to a juvenile delinquency proceeding under chapter 27-20.4 for: a. Prostitution under section 12.1-29-03;…

An individual charged with prostitution, felony forgery, felony theft, felony drug distribution, or an offense listed in subsection 1 of section 12.1-41-12 which was committed as a direct result of being a victim may assert an affirmative defense that the individual is a victim.

1. An individual convicted of prostitution or an offense listed in subsection 1 of section 12.1-41-12 which was committed as a direct result of being a victim may apply by motion to the court to vacate the conviction and seal the record of conviction. The court may grant the moti…