CHAPTER 12.1-13
CONFIDENTIAL INFORMATION - CONFLICT OF INTEREST - IMPERSONATION
12.1-13-01.
Disclosure of confidential information provided to government.
A
person is guilty of a class C felony if, in knowing violation of a statutory duty imposed on him as a<br>public servant, he discloses any confidential information which he has acquired as a public<br>servant. "Confidential information" means information made available to the government under a<br>governmental assurance of confidence as provided by statute.
12.1-13-02. Speculating or wagering on official action or information.
1.
A person is guilty of a class A misdemeanor if during employment as a public<br>servant, or within one year thereafter, in contemplation of official action by himself as<br>a public servant or by a government agency with which he is or has been associated<br>as a public servant, or in reliance on information to which he has or had access only<br>in his capacity as a public servant, he:
a.
Acquires a pecuniary interest in any property, transaction, or enterprise which<br>may be affected by such information or official action;
b.
Speculates or wagers on the basis of such information or official action; or
c.
Aids another to do any of the foregoing.
2.
A person is guilty of a class A misdemeanor if as a public servant he takes official<br>action which is likely to benefit him as a result of an acquisition of a pecuniary<br>interest in any property, transaction, or enterprise, or of a speculation or wager,<br>which he made, or caused or aided another to make, in contemplation of such<br>official action.
12.1-13-03. Public servant's interest in public contracts.
1.
Every public servant authorized to sell or lease any property, or to make any<br>contract in his official capacity, alone or in conjunction with other public servants,<br>who voluntarily becomes interested individually in the sale, lease, or contract,<br>directly or indirectly, is guilty of a class A misdemeanor.
2.
Subsection 1 shall not apply to:
a.
Contracts of purchase or employment between a political subdivision and an<br>officer of that subdivision, if the contracts are first unanimously approved by the<br>other members at a meeting of the governing body of the political subdivision,<br>and a unanimous finding is entered in the official minutes of that body that the<br>contract is necessary because the services or property contracted for are not<br>otherwise obtainable at equal cost.
b.
Sales, leases, or contracts entered into between school boards and school<br>board members or school officers.
12.1-13-04. Impersonating officials.
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<br>the authority of such public servant.
b.
A public servant or a former public servant and thereby obtains a thing of value.
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c.
A law enforcement officer.
2.
It is no defense to prosecution under this section that the pretended capacity did not<br>exist or the pretended authority could not legally or otherwise have been exercised<br>or conferred.
3.
An offense under subdivision b or c of subsection 1 is a class A misdemeanor. An<br>offense under subdivision a of subsection 1 is a class B misdemeanor.
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Document Outline
chapter 12.1-13 confidential information - conflict of interest - impersonation
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