2014 North Dakota Century Code Title 12.1 Criminal Code Chapter 12.1-13 Confidential Information - Conflict of Interest - Impersonation
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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 public servant, he discloses any confidential information which he has acquired as a
public servant. "Confidential information" means information made available to the government
under a 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 servant,
or within one year thereafter, in contemplation of official action by himself as a public
servant or by a government agency with which he is or has been associated as a
public servant, or in reliance on information to which he has or had access only in his
capacity as a public servant, he:
a. Acquires a pecuniary interest in any property, transaction, or enterprise which
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
action which is likely to benefit him as a result of an acquisition of a pecuniary interest
in any property, transaction, or enterprise, or of a speculation or wager, which he
made, or caused or aided another to make, in contemplation of such 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 contract
in his official capacity, alone or in conjunction with other public servants, who
voluntarily becomes interested individually in the sale, lease, or contract, 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
officer of that subdivision, if the contracts are first unanimously approved by the
other members at a meeting of the governing body of the political subdivision,
and a unanimous finding is entered in the official minutes of that body that the
contract is necessary because the services or property contracted for are not
otherwise obtainable at equal cost.
b. Sales, leases, or contracts entered into between school boards and school 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
the authority of such public servant.
b. A public servant or a former public servant and thereby obtains a thing of value.
c. A law enforcement officer.
2. It is no defense to prosecution under this section that the pretended capacity did not
exist or the pretended authority could not legally or otherwise have been exercised or
conferred.
3. An offense under subdivision b or c of subsection 1 is a class A misdemeanor. An
offense under subdivision a of subsection 1 is a class B misdemeanor.
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