Title 12.1 — Criminal Code

1. A person is guilty of an offense if, after having been released upon condition or undertaking that he will subsequently appear before a court or judicial officer as required, he willfully fails to appear as required. 2. The offense is a class C felony if the actor was released…

1. A person is guilty of escape if, without lawful authority, the person removes or attempts to remove himself from official detention or fails to return to official detention following temporary leave granted for a specified purpose or limited period. A person who is subject to …

A public servant concerned in official detention pursuant to process issued by a court, judge, or magistrate is guilty of a class A misdemeanor if he recklessly permits an escape and is guilty of a class B misdemeanor if he negligently permits an escape. "Official detention" has …

1. A person is guilty of a class C felony if, with intent to cause, continue, or enlarge a riot, he solicits a group of five or more persons to engage in a riot in a facility used for official detention or engages in conduct intended to serve as the beginning of or signal for suc…

1. A person is guilty of a class C felony if he unlawfully provides an inmate of an official detention facility with any tool, weapon, or other object which may be useful for escape. Such person is guilty of a class B felony if the object is a firearm, destructive device, or othe…

A person who willfully harbors a runaway minor with knowledge that the child is being sought by a law enforcement authority is guilty of a class A misdemeanor. This section does not apply to a person who provides temporary sanctuary, not exceeding seventy-two hours, to a runaway …

Any person, other than the driver of a motor vehicle under section 39-10-71, who willfully fails or refuses to stop or who otherwise flees or attempts to elude, in any manner, a pursuing peace officer, when given a visual or audible signal to stop, is guilty of a class B misdemea…

1. A person is guilty of a class C felony if he uses force, threat, deception, or bribery: a. With intent to influence another's testimony in an official proceeding; or b. With intent to induce or otherwise cause another: (1) To withhold any testimony, information, document, or t…

A person is guilty of a class C felony if, believing another may have information relating to an offense, he deceives such other person or employs force, threat, or bribery with intent to hinder, delay, or prevent communication of such information to a law enforcement officer. Th…

1. A person is guilty of an offense if, believing an official proceeding is pending or about to be instituted, or believing process, demand, or order has been issued or is about to be issued, he alters, destroys, mutilates, conceals, or removes a record, document, or thing with i…

1. A person is guilty of a class A misdemeanor if, with intent to influence the official action of another as juror, that person communicates directly or indirectly with the juror, other than as part of the proceedings in a case, or harasses or alarms the juror. A person is guilt…

1. A person is guilty of a class A misdemeanor if he intentionally: a. Records the proceedings of a jury while such jury is deliberating or voting; or b. Listens to or observes the proceedings of any jury of which he is not a member while such jury is deliberating or voting. 2. T…

1. A person employed for compensation to influence the official action of a public servant with respect to: a. The initiation, conduct, or dismissal of a prosecution; b. The imposition or modification of a sentence; or c. The granting of parole or probation is guilty of a class A…

Repealed by S.L. 1993, ch. 89, § 32.

1. A person who has been lawfully ordered to appear at a specified time and place to testify or to produce information in an official proceeding is guilty of a class A misdemeanor if, without lawful privilege, he fails to appear or to produce the information at that time and plac…

1. A person is guilty of a class A misdemeanor if, without lawful privilege, he refuses: a. To answer a question pertinent to the subject under inquiry in an official proceeding before the legislative assembly, or one of its session or interim committees, and continues in such a …

1. A person is guilty of a class A misdemeanor if the person intentionally hinders an official proceeding by noise or violent or tumultuous behavior or disturbance. 2. A person is guilty of a class B misdemeanor if the person recklessly hinders an official proceeding by noise or …

1. A person is guilty of a class A misdemeanor if the person disobeys or resists a lawful temporary restraining order or preliminary or final injunction or other final order, other than for the payment of money, of a court of this state. 2. Notwithstanding the limitations of sect…

A person is guilty of a class A misdemeanor if the person solicits another to commit an offense defined in sections 12.1-10-02 through 12.1-10-05.

1. A person is guilty of perjury, a class C felony, if, in an official proceeding, the person makes a false statement under oath or equivalent affirmation, or swears or affirms the truth of a false statement previously made, when the statement is material and the person does not …

1. A person is guilty of a class A misdemeanor if, in an official proceeding, he makes a false statement, whether or not material, under oath or equivalent affirmation, or swears or affirms the truth of such a statement previously made, if he does not believe the statement to be …

1. Falsification is material under sections 12.1-11-01, 12.1-11-02, and 12.1-11-03 regardless of the admissibility of the statement under rules of evidence, if it could have affected the course or outcome of the official proceeding or the disposition of the matter in which the st…

1. A person is guilty of an offense if he: a. Knowingly makes a false entry in or false alteration of a government record; or b. Knowingly, without lawful authority, destroys, conceals, removes, or otherwise impairs the verity or availability of a government record. 2. The offens…

Any public servant who knowingly refuses to perform any duty imposed upon him by law is guilty of a class A misdemeanor.

A person is guilty of a class A misdemeanor if that person willfully defrauds a urine test and the test is designed to detect the presence of a chemical substance or a controlled substance. A person is guilty of a class A misdemeanor if that person knowingly possesses, distribute…

1. A person is guilty of bribery, a class C felony, if he knowingly offers, gives, or agrees to give to another, or solicits, accepts, or agrees to accept from another, a thing of value as consideration for: a. The recipient's official action as a public servant; or b. The recipi…

Any person who violates the provisions of section 9 of article IV or section 10 of article V of the Constitution of North Dakota is guilty of a class C felony.

1. A public servant is guilty of a class A misdemeanor if he solicits, accepts, or agrees to accept a thing of pecuniary value from nongovernmental sources: a. As compensation for advice or other assistance in preparing or promoting a bill, contract, claim, or other matter which …

1. A person is guilty of a class A misdemeanor if he solicits, accepts, or agrees to accept, or offers, gives, or agrees to give, a thing of pecuniary value as consideration for approval or disapproval by a public servant or party official of a person for: a. Appointment, employm…

A person is guilty of a class A misdemeanor if he knowingly offers, gives, or agrees to give, or solicits, accepts, or agrees to accept, a thing of pecuniary value for exerting, or procuring another to exert, special influence upon a public servant with respect to his legal duty …

1. A person is guilty of a class C felony if that person threatens harm to a public servant with intent to influence the public servant's official action as a public servant in a pending or prospective judicial or administrative proceeding held before the public servant, or with …

1. A person is guilty of a class C felony if, with intent to prevent a publicly exhibited sporting contest from being conducted in accordance with the rules and usages purporting to govern it, he: a. Confers, offers, or agrees to confer any benefit upon, or threatens any harm to,…

1. A person is guilty of a class C felony if he: a. Confers, agrees, or offers to confer any benefit upon an employee or agent without the consent of the latter's employer or principal, with intent to influence his conduct in relation to his employer's or principal's affairs; or …

In this chapter, "thing of value" and "thing of pecuniary value" do not include (1) salary, fees, and other compensation paid by the government in consideration for which the official action or legal duty is performed; or (2) concurrence in official action in the course of legiti…

A person is guilty of a class C felony if, in knowing violation of a statutory duty imposed on him as a public servant, he discloses any confidential information which he has acquired as a public servant. "Confidential information" means information made available to the governme…

1. An individual is guilty of a class A misdemeanor if during employment as a public servant, or within one year thereafter, in contemplation of official action by the individual as a public servant or by a government agency with which the individual is or has been associated as …

1. Every public servant authorized to sell or lease any property, or to make any contract in his official capacity, alone or in conjunction with other public servants, who voluntarily becomes interested individually in the sale, lease, or contract, directly or indirectly, is guil…

1. A person is guilty of an offense if he falsely pretends to be: a. A public servant, other than a law enforcement officer, and acts as if to exercise the authority of such public servant. b. A public servant or a former public servant and thereby obtains a thing of value. c. A …

A person acting or purporting to act in an official capacity or taking advantage of such actual or purported capacity is guilty of a class A misdemeanor if, knowing that his conduct is illegal, he: 1. Subjects another to arrest, detention, search, seizure, mistreatment, disposses…

A person is guilty of a class A misdemeanor if, whether or not acting under color of law, the person, by force or threat of force or by economic coercion, intentionally: 1. Injures, intimidates, or interferes with another because the other individual is or has been voting for any…

A person is guilty of a class A misdemeanor if, in connection with any election, he: 1. Makes or induces any false voting registration; 2. Offers, gives, or agrees to give a thing of pecuniary value to another as consideration for the recipient's voting or withholding his vote or…

A person is guilty of a class B misdemeanor if, whether or not acting under color of law, he, by force, or threat of force or by economic coercion, intentionally: 1. Injures, intimidates, or interferes with another because of his sex, race, color, religion, or national origin and…

1. A person is guilty of a class A misdemeanor if he willfully publishes defamatory matter or knowingly procures such publication or in any way knowingly aids or assists in the same being done. 2. It is a defense to a prosecution under this section that: a. The matter alleged to …

1. A person is guilty of a class C felony if he: a. Intentionally intercepts any wire or oral communication by use of any electronic, mechanical, or other device; or b. Intentionally discloses to any other person or intentionally uses the contents of any wire or oral communicatio…

1. A person is guilty of a class C felony if, within this state, he manufactures, assembles, possesses, transports, or sells an electronic, mechanical, or other device, knowing that the design of such device renders it primarily useful to the purpose of the surreptitious intercep…

In sections 12.1-15-02 through 12.1-15-04: 1. "Communications common carrier" shall have the meaning prescribed for the term "common carrier" by section 8-07-01. 2. "Contents", when used with respect to any wire or oral communication, includes any information concerning the ident…

1. A person is guilty of a class A misdemeanor if, knowing that a letter, postal card, or other written private correspondence has not yet been delivered to the person to whom it is directed, and knowing that he does not have the consent of the sender or receiver of the correspon…

A person may not require that an individual have inserted into that individual's body a microchip containing a radio frequency identification device. A violation of this section is a class A misdemeanor.

1. A person is guilty of murder, a class AA felony, if the person: a. Intentionally or knowingly causes the death of another human being; b. Causes the death of another human being under circumstances manifesting extreme indifference to the value of human life; or c. Acting eithe…

A person is guilty of manslaughter, a class B felony, if he recklessly causes the death of another human being.