2012 North Dakota Century Code Title 12.1 Criminal Code Chapter 12.1-17 Assaults - Threats - Coercion - Harassment
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CHAPTER 12.1-17
ASSAULTS - THREATS - COERCION - HARASSMENT
12.1-17-01. Simple assault.
1. A person is guilty of an offense if that person:
a. Willfully causes bodily injury to another human being; or
b. Negligently causes bodily injury to another human being by means of a firearm,
destructive device, or other weapon, the use of which against a human being is
likely to cause death or serious bodily injury.
2. The offense is:
a. A class C felony when the victim is a peace officer or correctional institution
employee acting in an official capacity, which the actor knows to be a fact; an
employee of the state hospital acting in the course and scope of employment,
which the actor knows to be a fact, and the actor is an individual committed to or
detained at the state hospital pursuant to chapter 25-03.3; a person engaged in a
judicial proceeding; or a member of a municipal or volunteer fire department or
emergency medical services personnel unit or emergency department worker in
the performance of the member's duties.
b. A class B misdemeanor for the first offense when the victim is an actor's family or
household member as defined in subsection 4 of section 14-07.1-01 and a
class A misdemeanor for a second or subsequent offense when the victim is an
actor's family or household member as defined in subsection 4 of section
14-07.1-01 and the actor has a prior conviction for simple assault under this
section or an assault offense under section 12.1-17-01.1 or 12.1-17-02 involving
the commission of domestic violence as defined in subsection 2 of section
14-07.1-01. For purposes of this subdivision, a prior conviction includes a
conviction of any assault offense in which a finding of domestic violence was
made under a law or ordinance of another state which is equivalent to this
subdivision.
c. A class B misdemeanor except as provided in subdivision a or b.
12.1-17-01.1. Assault.
A person is guilty of a class A misdemeanor, except if the victim is under the age of twelve
years in which case the offense is a class C felony, if that person:
1. Willfully causes substantial bodily injury to another human being; or
2. Negligently causes substantial bodily injury to another human being by means of a
firearm, destructive device, or other weapon, the use of which against a human being
is likely to cause death or serious bodily injury.
12.1-17-02. Aggravated assault.
A person is guilty of a class C felony, except if the victim is under the age of twelve years or
the victim suffers permanent loss or impairment of the function of a bodily member or organ in
which case the offense is a class B felony, if that person:
1. Willfully causes serious bodily injury to another human being;
2. Knowingly causes bodily injury or substantial bodily injury to another human being with
a dangerous weapon or other weapon, the possession of which under the
circumstances indicates an intent or readiness to inflict serious bodily injury;
3. Causes bodily injury or substantial bodily injury to another human being while
attempting to inflict serious bodily injury on any human being; or
4. Fires a firearm or hurls a destructive device at another human being.
12.1-17-03. Reckless endangerment.
A person is guilty of an offense if he creates a substantial risk of serious bodily injury or
death to another. The offense is a class C felony if the circumstances manifest his extreme
indifference to the value of human life. Otherwise it is a class A misdemeanor. There is risk
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within the meaning of this section if the potential for harm exists, whether or not a particular
person's safety is actually jeopardized.
12.1-17-04. Terrorizing.
A person is guilty of a class C felony if, with intent to place another human being in fear for
that human being's or another's safety or to cause evacuation of a building, place of assembly,
or facility of public transportation, or otherwise to cause serious disruption or public
inconvenience, or in reckless disregard of the risk of causing such terror, disruption, or
inconvenience, the person:
1. Threatens to commit any crime of violence or act dangerous to human life; or
2. Falsely informs another that a situation dangerous to human life or commission of a
crime of violence is imminent knowing that the information is false.
12.1-17-05. Menacing.
A person is guilty of a class A misdemeanor if he knowingly places or attempts to place
another human being in fear by menacing him with imminent serious bodily injury.
12.1-17-06. Criminal coercion.
1. A person is guilty of a class A misdemeanor if, with intent to compel another to engage
in or refrain from conduct, he threatens to:
a. Commit any crime;
b. Accuse anyone of a crime;
c. Expose a secret or publicize an asserted fact, whether true or false, tending to
subject any person, living or deceased, to hatred, contempt, or ridicule, or to
impair another's credit or business repute; or
d. Take or withhold official action as a public servant or cause a public servant to
take or withhold official action.
2. It is an affirmative defense to a prosecution under this section that the actor believed,
whether or not mistakenly:
a. That the primary purpose of the threat was to cause the other to conduct himself
in his own best interest; or
b. That a purpose of the threat was to cause the other to desist from misbehavior,
engage in behavior from which he could not lawfully abstain, make good a wrong
done by him, or refrain from taking any action or responsibility for which he was
disqualified.
12.1-17-07. Harassment.
1. A person is guilty of an offense if, with intent to frighten or harass another, the person:
a. Communicates in writing or by telephone a threat to inflict injury on any person, to
any person's reputation, or to any property;
b. Makes a telephone call anonymously or in offensively coarse language;
c. Makes repeated telephone calls, whether or not a conversation ensues, with no
purpose of legitimate communication; or
d. Communicates a falsehood in writing or by telephone and causes mental
anguish.
2. The offense is a class A misdemeanor if it is under subdivision a of subsection 1 or
subsection 4. Otherwise it is a class B misdemeanor.
3. Any offense defined herein and committed by use of a telephone may be deemed to
have been committed at either the place at which the telephone call or calls were
made or at the place where the telephone call or calls were received.
4. A person who telephones a 911 emergency line with the intent to annoy or harass
another person or who makes a false 911 report is guilty of a class A misdemeanor.
a. Intent to annoy or harass is established by proof of one or more calls with no
legitimate 911 purpose.
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b.
5.
Upon conviction of a violation of this subsection, a person is also liable for all
costs incurred by any unnecessary emergency response.
Any offense defined herein is deemed communicated in writing if it is transmitted
electronically, by electronic mail, facsimile, or other similar means.
12.1-17-07.1. Stalking.
1. As used in this section:
a. "Course of conduct" means a pattern of conduct consisting of two or more acts
evidencing a continuity of purpose. The term does not include constitutionally
protected activity.
b. "Immediate family" means a spouse, parent, child, or sibling. The term also
includes any other individual who regularly resides in the household or who within
the prior six months regularly resided in the household.
c. "Stalk" means to engage in an intentional course of conduct directed at a specific
person which frightens, intimidates, or harasses that person, and that serves no
legitimate purpose. The course of conduct may be directed toward that person or
a member of that person's immediate family and must cause a reasonable person
to experience fear, intimidation, or harassment.
2. No person may intentionally stalk another person.
3. In any prosecution under this section, it is not a defense that the actor was not given
actual notice that the person did not want the actor to contact or follow the person; nor
is it a defense that the actor did not intend to frighten, intimidate, or harass the person.
An attempt to contact or follow a person after being given actual notice that the person
does not want to be contacted or followed is prima facie evidence that the actor
intends to stalk that person.
4. In any prosecution under this section, it is a defense that a private investigator
licensed under chapter 43-30 or a peace officer licensed under chapter 12-63 was
acting within the scope of employment.
5. If a person claims to have been engaged in a constitutionally protected activity, the
court shall determine the validity of the claim as a matter of law and, if found valid,
shall exclude evidence of the activity.
6. a. A person who violates this section is guilty of a class C felony if:
(1) The person previously has been convicted of violating section 12.1-17-01,
12.1-17-01.1, 12.1-17-02, 12.1-17-04, 12.1-17-05, or 12.1-17-07, or a
similar offense from another court in North Dakota, a court of record in the
United States, or a tribal court, involving the victim of the stalking;
(2) The stalking violates a court order issued under chapter 14-07.1 protecting
the victim of the stalking, if the person had notice of the court order; or
(3) The person previously has been convicted of violating this section.
b. If subdivision a does not apply, a person who violates this section is guilty of a
class A misdemeanor.
12.1-17-08. Consent as a defense.
1. When conduct is an offense because it causes or threatens bodily injury, consent to
such conduct or to the infliction of such injury by all persons injured or threatened by
the conduct is a defense if:
a. Neither the injury inflicted nor the injury threatened is such as to jeopardize life or
seriously impair health;
b. The conduct and the injury are reasonably foreseeable hazards of joint
participation in a lawful athletic contest or competitive sport; or
c. The conduct and the injury are reasonably foreseeable hazards of an occupation
or profession or of medical or scientific experimentation conducted by recognized
methods, and the persons subjected to such conduct or injury, having been made
aware of the risks involved, consent to the performance of the conduct or the
infliction of the injury.
2. Assent does not constitute consent, within the meaning of this section, if:
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a.
b.
c.
It is given by a person who is legally incompetent to authorize the conduct
charged to constitute the offense and such incompetence is manifest or known to
the actor;
It is given by a person who by reason of youth, mental disease or defect, or
intoxication is manifestly unable or known by the actor to be unable to make a
reasonable judgment as to the nature or harmfulness of the conduct charged to
constitute the offense; or
It is induced by force, duress, or deception.
12.1-17-09. Killing or injury of law enforcement support animal - Definition - Penalty.
1. A person is guilty of a class C felony and is subject to a civil penalty of up to ten
thousand dollars if that person willfully and unjustifiably kills, shoots, tortures,
torments, beats, kicks, strikes, mutilates, disables, or otherwise injures a law
enforcement support animal.
2. A person is guilty of a class A misdemeanor and is subject to a civil penalty of up to
five thousand dollars if that person willfully:
a. Harasses, taunts, or provokes a law enforcement support animal;
b. Interferes with a law enforcement support animal while the animal is working; or
c. Interferes with the individual handling the animal.
3. For purposes of this section, "law enforcement support animal" means any animal
used by or on behalf of a law enforcement officer in the performance of the officer's
functions and duties, including crowd control, corrections, arson investigation, or
search and rescue, regardless of whether the animal is on or off duty.
4. This section does not apply to a law enforcement officer or a veterinarian who
terminates the life of a law enforcement support animal to relieve the animal of undue
suffering and pain.
12.1-17-10. Hazing - Penalty.
A person is guilty of an offense when, in the course of another person's initiation into or
affiliation with any organization, the person willfully engages in conduct that creates a
substantial risk of physical injury to that other person or a third person. As used in this section,
"conduct" means any treatment or forced physical activity that is likely to adversely affect the
physical health or safety of that other person or a third person, or which subjects that other
person or third person to extreme mental stress, and may include extended deprivation of sleep
or rest or extended isolation, whipping, beating, branding, forced calisthenics, overexposure to
the weather, and forced consumption of any food, liquor, beverage, drug, or other substance.
The offense is a class A misdemeanor if the actor's conduct causes physical injury, otherwise
the offense is a class B misdemeanor.
12.1-17-11. Contact by bodily fluids or excrement.
1. An individual is guilty of an offense if the individual causes blood, emesis, excrement,
mucus, saliva, semen, vaginal fluid, or urine to come in contact with:
a. A law enforcement officer acting in the scope of employment;
b. An employee of a correctional facility or the department of corrections and
rehabilitation acting in the scope of employment unless the employee does an act
within the scope of employment which requires or causes the contact;
c. Any person lawfully present in a correctional facility who is not an inmate;
d. Any person lawfully present in the penitentiary or an affiliated facility of the
penitentiary who is not an inmate; or
e. Any person who is transporting an individual who is lawfully detained.
2. Subsection 1 does not apply to a mentally ill person as defined in section 25-03.1-02
who has been detained pursuant to chapter 25-03.1.
3. The offense is a class C felony if the individual knowingly causes the contact and is a
class A misdemeanor if the individual recklessly causes the contact.
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12.1-17-12. Assault or homicide while fleeing peace officer.
A person is guilty of a class A felony if that person negligently causes the death of another
or a class B felony if that person negligently causes serious bodily injury to another while in
violation of section 39-10-71.
12.1-17-13. Mandated treatment of domestic violence offenders.
The sentence for an offense under section 12.1-17-01, 12.1-17-01.1, 12.1-17-02,
12.1-17-03, 12.1-17-04, or 12.1-17-05 against an actor's family or household member, as
defined in subsection 4 of section 14-07.1-01, must include an order to complete a domestic
violence offender treatment program unless the court makes written findings for the record
explaining why such an order would be inappropriate.
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