Title 29 — Judicial Procedure, Criminal

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…

When the commission of a public offense, commenced without this state, is consummated within its boundaries, and the defendant is liable to prosecution as provided in section 29-03-01.1, the venue is in the county in which the offense is consummated, or in which the offenders are…

Any person who commits one or more of the following acts is liable to prosecution under the laws of this state: 1. Commission of a robbery or theft outside this state and bringing the stolen property into this state. 2. Soliciting, while outside this state, criminal action within…

When an inhabitant or resident of this state leaves the same for the purpose of evading the operation of the provisions of the statutes relating to dueling, and challenges to fight, with the intent or for the purpose of doing any of the acts prohibited therein, the jurisdiction i…

When a crime or public offense is committed in part in one county and in part in another, or when the acts or effects thereof constituting, or requisite to the consummation of, the offense occur in two or more counties, the jurisdiction is in either or any of said counties.

When a public offense is committed on the boundary of two or more counties, or within five hundred yards thereof, the jurisdiction is in either county.

When an offense is committed in this state on board a boat or vessel navigating or lying in a river, lake, or canal, in the prosecution of the voyage, the jurisdiction is in any county through which the vessel is navigated in the course of the voyage, or in the county where the v…

Subject to section 29-01-33, any person who commits an offense in or against any aircraft while it is in flight over this state may be tried in any county in this state.

Subject to section 29-01-33, when an offense is committed on a railroad train or other vehicle while in the course of a trip, the trial may be in any county through which the train or other public vehicle passed during the trip. 29-03-09. Venue of kidnapping, forcible restraint, …

The jurisdiction of a criminal action for treason, when the overt act is committed out of this state, is in any county of the state.

In the case of an accessory in the commission of a public offense, the jurisdiction is in the county where the offense of the accessory was committed, notwithstanding the principal offense was committed in another county.

When an act charged as a public offense is within the jurisdiction of another state, country, or territory as well as in this state, a conviction or acquittal thereof in the former is a bar to a prosecution or indictment therefor in this state.

When an offense is in the jurisdiction of two or more counties, a conviction or acquittal thereof in one county is a bar to a prosecution or indictment thereof in another.

Repealed by S.L. 2001, ch. 131, § 3.

Repealed by S.L. 2001, ch. 131, § 3.

The jurisdiction of a criminal action for stealing in any state, country, or territory, the property of another, or receiving it, knowing it to have been stolen, and bringing the same into this state, is in any county into which such stolen property has been brought.

The jurisdiction of a criminal action for murder or manslaughter, when the injury which caused the death was inflicted in one county and the party injured dies in another or out of the state, is in the county where the injury was inflicted.

The jurisdiction of a criminal action against a principal in the commission of a public offense, when such principal is not present at the commission thereof, is in the county in which it would be under this title, if the principal were present and aiding and abetting therein.

The jurisdiction of a criminal action for the violation of section 53-01-19 is in any county: 1. In which any act is done toward the commission of the offense; 2. Into, out of, or through which the offender passed to commit the offense; or 3. Where the offender is arrested.

In those cases in which the sending of a letter is made an offense, the offense is deemed completed when the letter is deposited in any post office or postal receptacle, or delivered to any person with intent that it be forwarded. The person sending the letter may be tried in any…

If any of a series of thefts can be charged as one offense for purposes of grading under subsection 7 of section 12.1-23-05, if each of those thefts involved the use of a credit card, and if the total value of the property or services stolen is at least fifty dollars, venue for t…

There is no limitation of the time within which a prosecution for murder must be commenced. It may be commenced at any time after the death of the person killed.

Except as otherwise provided by law, a prosecution for any felony other than murder must be commenced within three years after its commission. Prosecution of felony offenses under chapter 12.1-23 or 50-24.8 must be commenced within the later of three years of commission of the la…

Except as otherwise provided by law, a prosecution for a felony violation of chapter 12.1-20 or for the crime of human trafficking must be commenced in the proper court within seven years after the commission of the offense.

A prosecution of a misdemeanor or infraction, except as otherwise provided by law, must be commenced within two years after its commission. Prosecution of misdemeanor offenses under chapter 12.1-23 must be commenced within the later of two years of commission of the last act that…

1. Except as provided in subsection 2, a prosecution for a violation of sections 12.1-20-03 through 12.1-20-08 or of section 12.1-20-11 if the victim was under eighteen years of age at the time the offense was committed must be commenced in the proper court within twenty-one year…

If the victim of a violation of chapter 12.1-20 or of the crime of human trafficking is under the age of fifteen, the applicable period of limitation, if any, does not begin to run until the victim has reached the age of fifteen.

If, when a crime or public offense is committed, the defendant is out of the state, or if the defendant is within the state and subsequently leaves the state, the information may be filed, or the indictment found, within the time herein limited, after the defendant's return to th…

A prosecution is commenced when a uniform complaint and summons, a complaint, or an information is filed or when a grand jury indictment is returned.

A complaint must state: 1. The name of the person accused, if known, or if not known and it is so stated, that person may be designated by any other name; 2. The county in which the offense was committed; 3. The general name of the crime or public offense committed; 4. The acts o…

Superseded by N.D.R.Crim.P., Rule 3.

Superseded by N.D.R.Crim.P., Rule 3.

Superseded by N.D.R.Crim.P., Rule 5.

Every person making complaint charging the commission of a crime or public offense shall inform the magistrate of all persons whom the person believes to have any knowledge of its commission, and the magistrate, at the time of issuing the warrant, may issue subpoenas for such per…

Superseded by N.D.R.Crim.P., Rule 4.

Superseded by N.D.R.Crim.P., Rules 4, 58.

Superseded by N.D.R.Crim.P., Rule 4.

Superseded by N.D.R.Crim.P., Rule 4.

A peace officer is a sheriff of a county or the sheriff's deputy, or a coroner, marshal, or policeman of a township or city, or any state or federal law enforcement officer.

Superseded by N.D.R.Crim.P., Rule 5.

A peace officer who receives a warrant for the arrest of a fugitive and does not execute the warrant shall enter the warrant in the central warrant information system. A warrant of arrest for the failure to pay a fine or fee may be entered at the discretion of the peace officer. …

If the offense charged in a warrant of arrest is a misdemeanor or infraction not within the jurisdiction of the magistrate who issued it to punish, and the accused is arrested in another county, the officer, upon request of the accused, shall take the accused before a magistrate …

On taking bail, as is provided in section 29-05-12, the magistrate shall certify that fact on the warrant and deliver the warrant and undertaking of bail to the officer having charge of the accused. The officer then shall discharge the accused from arrest and without delay shall …