Title 12.1, Criminal Code

1. Title 12.1 of the Century Code may be cited as the North Dakota Criminal Code. 2. This title, except as provided in subsection 3, shall not apply to offenses committed prior to its effective date. Prosecutions for such offenses shall be governed by prior law, which is continue…

The general purposes of this title are to establish a system of prohibitions, penalties, and correctional measures to deal with conduct that unjustifiably and inexcusably causes or threatens harm to those individual or public interests for which governmental protection is appropr…

1. No person may be convicted of an offense unless each element of the offense is proved beyond a reasonable doubt. An accused is presumed innocent until proven guilty. The fact that the accused has been arrested, confined, or charged with the offense gives rise to no inference o…

1. In determining an individual's age for purposes of this title, the individual's date of birth as provided by any of the following is presumed to be the individual's legal date of birth: a. A state government in the form of a birth certificate, other state-issued identification…

As used in this title, unless a different meaning plainly is required: 1. "Absconded" means when a probationer, parolee, participant in a pretrial services program, or participant in a prosecution-led diversion program willfully avoids supervision by making their whereabouts unkn…

Except as provided in section 40-05-06, an offense defined in this title or elsewhere by law may not be superseded by any city or county ordinance, or city or county home rule charter, or by an ordinance adopted pursuant to such a charter, and all such offense definitions shall h…

1. A person commits an offense only if the person engages in conduct, including an act, an omission, or possession, in violation of a statute which provides that the conduct is an offense. 2. A person who omits to perform an act does not commit an offense unless the person has a …

1. For the purposes of this title, a person engages in conduct: a. "Intentionally" if, when he engages in the conduct, it is his purpose to do so. b. "Knowingly" if, when he engages in the conduct, he knows or has a firm belief, unaccompanied by substantial doubt, that he is doin…

Unless otherwise expressly provided, a mistaken belief that the facts which constitute an affirmative defense exist is not a defense.

Causation may be found where the result would not have occurred but for the conduct of the accused operating either alone or concurrently with another cause, unless the concurrent cause was clearly sufficient to produce the result and the conduct of the accused clearly insufficie…

1. A person may be convicted of an offense based upon the conduct of another person when: a. Acting with the kind of culpability required for the offense, he causes the other to engage in such conduct; b. With intent that an offense be committed, he commands, induces, procures, o…

1. A corporation or a limited liability company may be convicted of: a. Any offense committed by an agent of the corporation or limited liability company within the scope of the agent's employment on the basis of conduct authorized, requested, or commanded, by any of the followin…

1. A person is legally accountable for any conduct he performs or causes to be performed in the name of an organization or in its behalf to the same extent as if the conduct were performed in his own name or his behalf. 2. Except as otherwise expressly provided, whenever a duty t…

1. In this chapter: a. "Agent" means any partner, director, officer, governor, manager, servant, employee, or other person authorized to act in behalf of an organization. b. "Organization" means any legal entity, whether or not organized as a corporation, limited liability compan…

The prosecution of an individual as an adult is barred if the offense was committed while the individual was less than fourteen years of age.

1. Intoxication is not a defense to a criminal charge. Intoxication does not, in itself, constitute mental disease or defect within the meaning of section 12.1-04-04. Evidence of intoxication is admissible whenever it is relevant to negate or to establish an element of the offens…

As used in this chapter, unless the context otherwise requires: 1. "Fitness to proceed" means sufficient present ability to consult with the individual's counsel with a reasonable degree of rational understanding and a rational as well as factual understanding of the proceedings …

1. A defendant is presumed to be fit to stand trial, to plead, or to be sentenced. 2. An individual who lacks fitness to proceed may not be tried, convicted, or sentenced for the commission of an offense. 3. Any report filed pursuant to this chapter regarding "diagnosis, treatmen…

Whenever there is reason to doubt the defendant's fitness to proceed, the court may order temporary detention of the defendant for the purpose of an examination. The temporary detention must be in the least restrictive appropriate setting, including the state hospital, the life s…

1. Whenever there is reason to doubt the defendant's fitness to proceed, the court shall order the defendant be examined by a tier 1a mental health professional. 2. An examination must occur within fifteen days from receipt of material necessary to examine the fitness of the indi…

1. If the court determines based upon a preponderance of the evidence that the defendant currently lacks fitness to proceed and the defendant is charged with a class B misdemeanor, except a class B misdemeanor under chapter 12.1-17, the proceedings must be dismissed. 2. If the co…

The fact that the defendant is unfit to proceed does not preclude any legal objection to the prosecution which is susceptible of fair determination prior to trial and without the personal participation of the defendant.

1. Except as otherwise expressly provided, justification or excuse under this chapter is a defense. 2. If a person is justified or excused in using force against another, but he recklessly or negligently injures or creates a risk of injury to other persons, the justifications aff…

1. Conduct engaged in by a public servant in the course of the person's official duties is justified when it is required or authorized by law. 2. A person who has been directed by a public servant to assist that public servant is justified in using force to carry out the public s…

A person is justified in using force upon another person to defend himself against danger of imminent unlawful bodily injury, sexual assault, or detention by such other person, except that: 1. A person is not justified in using force for the purpose of resisting arrest, execution…

A person is justified in using force upon another person in order to defend anyone else if: 1. The person defended would be justified in defending himself; and 2. The person coming to the defense has not, by provocation or otherwise, forfeited the right of self-defense.

The use of force upon an individual is justified under any of the following circumstances: 1. Except as provided in section 15.1-19-02, a parent, guardian, or other person responsible for the care and supervision of a minor, or other person responsible for the care and supervisio…

Force is justified if it is used to prevent or terminate an unlawful entry or other trespass in or upon premises, or to prevent an unlawful carrying away or damaging of property.

1. An individual is not justified in using more force than is necessary and appropriate under the circumstances. 2. Deadly force is justified in the following instances: a. When it is expressly authorized by law or occurs in the lawful conduct of war. b. When used in lawful self-…

1. An individual is presumed to have held a reasonable fear of imminent peril of death or serious bodily injury to that individual or another when using deadly force if: a. The individual against whom the deadly force was used was in the process of unlawfully and forcibly enterin…

1. An individual who uses force as permitted under this chapter is immune from civil liability for the use of the force to the individual against whom force was used or to that individual's estate unless that individual is a law enforcement officer who was acting in the performan…

A person's conduct is excused if he believes that the facts are such that his conduct is necessary and appropriate for any of the purposes which would establish a justification or excuse under this chapter, even though his belief is mistaken. However, if his belief is negligently…

Except as otherwise expressly provided, a person's good faith belief that conduct does not constitute a crime is an affirmative defense if he acted in reasonable reliance upon a statement of the law contained in: 1. A statute or other enactment. 2. A judicial decision, opinion, o…

1. In a prosecution for any offense, it is an affirmative defense that the actor engaged in the proscribed conduct because he was compelled to do so by threat of imminent death or serious bodily injury to himself or to another. In a prosecution for an offense which does not const…

1. It is an affirmative defense that the defendant was entrapped into committing the offense. 2. A law enforcement agent perpetrates an entrapment if, for the purpose of obtaining evidence of the commission of a crime, the law enforcement agent induces or encourages and, as a dir…

In this chapter: 1. "Deadly force" means force which a person uses with the intent of causing, or which he knows creates a substantial risk of causing, death or serious bodily injury. A threat to cause death or serious bodily injury, by the production of a weapon or otherwise, so…

1. A person is guilty of criminal attempt if, acting with the kind of culpability otherwise required for commission of a crime, he intentionally engages in conduct which, in fact, constitutes a substantial step toward commission of the crime. A "substantial step" is any conduct w…

1. A person is guilty of criminal facilitation if he knowingly provides substantial assistance to a person intending to commit a felony and that person, in fact, commits the crime contemplated, or a like or related felony, employing the assistance so provided. The ready lawful av…

1. A person is guilty of criminal solicitation if he commands, induces, entreats, or otherwise attempts to persuade another person to commit a particular felony, whether as principal or accomplice, with intent to promote or facilitate the commission of that felony, under circumst…

1. A person commits conspiracy if he agrees with one or more persons to engage in or cause conduct which, in fact, constitutes an offense or offenses, and any one or more of such persons does an overt act to effect an objective of the conspiracy. The agreement need not be explici…

1. The definition of an offense in sections 12.1-06-01 to 12.1-06-04 does not apply to another offense also defined in sections 12.1-06-01 to 12.1-06-04. 2. Whenever "attempt" or "conspiracy" is made an offense outside this chapter, it means attempt or conspiracy, as the case may…

Treason as defined in section 17 of article I of the Constitution of North Dakota is a class A felony.

1. A person is guilty of a class A misdemeanor if he knowingly casts contempt upon any flag of the United States by publicly mutilating, defacing, defiling, burning, or trampling upon it. 2. The term "flag of the United States" as used in this section shall include any flag, stan…

No flag of any nation, state, country, or territory other than the flag of the United States or a state flag, or the flag of a friendly foreign nation, or the dependencies of such nations, shall be: 1. Carried in parade on any public street or highway within this state. 2. Exhibi…

Any person who violates any of the provisions of section 12.1-07-03 is guilty of a class B misdemeanor.

1. A person is guilty of a class A misdemeanor if he intentionally obstructs, impairs, impedes, hinders, prevents, or perverts the administration of law or other governmental function. 2. This section does not apply to the conduct of a person obstructing arrest of himself, but su…

1. A person is guilty of a class A misdemeanor if, with intent to prevent a public servant from effecting an arrest of himself or another for a misdemeanor or infraction, or from discharging any other official duty, he creates a substantial risk of bodily injury to the public ser…

1. A person is guilty of hindering law enforcement if he intentionally interferes with, hinders, delays, or prevents the discovery, apprehension, prosecution, conviction, or punishment of another for an offense by: a. Harboring or concealing the other; b. Providing the other with…

1. A person is guilty of aiding consummation of crime if he intentionally aids another to secrete, disguise, or convert the proceeds of a crime or otherwise profit from a crime. 2. Aiding consummation of a crime: a. Is a class C felony if the actor knows of the conduct of the oth…

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…