Title 29, Judicial Procedure, Criminal

When an inhabitant or resident of this state, by previous appointment or engagement, fights a duel or is concerned as a second or surgeon therein, out of the jurisdiction of this state, and in the duel a wound is inflicted upon a person from which the person dies in this state, t…

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.

The venue of a criminal action for any of the following offenses is in any county in which the offense is committed, or into or out of which the individual upon whom the offense was committed may have been brought, in the course of the commission of the offense, or in which an ac…

When property taken in one county by burglary, robbery, or theft has been brought into another county, the venue of the offense is in either county.

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.

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…

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…

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.

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 …

If, on the admission of an accused to bail, the bail is not given forthwith, the officer shall take the accused before the magistrate who issued the warrant, or, in case of that magistrate's absence or inability to act, before the nearest or most accessible magistrate in the same…

If the offense charged in a warrant of arrest is within the jurisdiction of the magistrate to try and punish upon conviction, the accused, if arrested in another county, must be taken before the magistrate who issued the warrant, or, if that magistrate is absent, then before some…

If, after an arrest, the accused is taken before a magistrate other than the one who issued the warrant, the complaint on which the warrant was granted must be sent to that magistrate, or if it cannot be procured, the prosecutor and the prosecutor's witnesses must be summoned to …

The officer who executes a warrant for an offense triable in another county shall take the accused before the nearest or most accessible magistrate of the county in which the offense is triable and shall deliver to the magistrate the complaint and the depositions, if any, and the…

The accused in all cases must be taken before a magistrate without unnecessary delay, and any attorney at law entitled to practice in the courts of record of this state, at the request of the attorney or the accused, may visit the accused after the accused's arrest.

While having in charge any person arrested in a criminal action or proceeding, neither the officer, nor any of the officer's assistants, is liable to arrest on civil process, and such officer is authorized to require any citizen to aid in securing the accused and to retake the ac…

Whenever a warrant for the arrest of a person accused of a crime or public offense is issued by a magistrate, the delivery of the warrant by telegraph may be authorized by a judge of the supreme or district court by an endorsement authorizing telegraphic delivery, at any place wi…

Every officer causing telegraphic copies of a warrant to be sent shall certify as correct, and file in the telegraph office from which such copies are sent, a copy of the warrant and the endorsement thereon, and shall return the original with a statement of the officer's action t…

Every person arrested by warrant for any offense, when no other provision is made for that person's examination, must be taken before some magistrate of the county in which the warrant was issued, and the warrant with the proper return thereon, signed by the person who made the a…

In all cases in which by law a peace officer of this state may arrest a person without a warrant, or having a warrant for the arrest of a person accused of a crime or public offense when the person otherwise may escape from this state, the peace officer may direct any other peace…

An order by a police officer directing other peace officers in the state to make an arrest may be directed generally to any of such officers and executed by the officer receiving it. The officer executing any such order shall take into the officer's custody the person designated …

There is established a uniform complaint and summons that may be used in cases involving violations of statutes or ordinances. The use of a uniform complaint and summons must comply with the North Dakota Rules of Criminal Procedure and be in substantially the following form: Stat…

The magistrate who issues a warrant for arrest shall order the information in the complaint and warrant confidential, if the law enforcement officer articulates a reason for the confidentiality that convinces the issuing magistrate that limited confidentiality is necessary for th…