2016 North Dakota Century Code Title 12.1 Criminal Code Chapter 12.1-31 Miscellaneous Offenses
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CHAPTER 12.1-31
MISCELLANEOUS OFFENSES
12.1-31-01. Disorderly conduct.
1. An individual is guilty of a class B misdemeanor if, with intent to harass, annoy, or
alarm another person or in reckless disregard of the fact that another person is
harassed, annoyed, or alarmed by the individual's behavior, the individual:
a. Engages in fighting, or in violent, tumultuous, or threatening behavior;
b. Makes unreasonable noise;
c. In a public place, uses abusive or obscene language, knowingly exposes that
individual's penis, vulva, or anus, or makes an obscene gesture;
d. Obstructs vehicular or pedestrian traffic or the use of a public facility;
e. Persistently follows a person in or about a public place or places;
f. While loitering in a public place for the purpose of soliciting sexual contact, the
individual solicits the contact;
g. Creates a hazardous, physically offensive, or seriously alarming condition by any
act that serves no legitimate purpose;
h. Engages in harassing conduct by means of intrusive or unwanted acts, words, or
gestures that are intended to adversely affect the safety, security, or privacy of
another person; or
i. Uses a fixed optical device that enhances or records a visual occurrence to view
through any window of another person's property; or uses a surveillance camera
to capture an image from the dwelling or accessory structure of another person;
however, an individual using a surveillance camera has seven days from notice
by a law enforcement officer to direct or shield the camera so as to not capture an
image from another person's dwelling or accessory structure before there is an
offense.
2. This section does not apply to constitutionally protected activity. If an individual 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.
12.1-31-01.1. Disorderly conduct at a funeral - Penalty.
1. For purposes of this section:
a. "Funeral" means the ceremonies, rituals, processions, and memorial services
held at a funeral site in connection with the burial, cremation, or memorial of a
deceased individual.
b. "Funeral site" means a church, synagogue, mosque, funeral home, mortuary,
cemetery, gravesite, mausoleum, or other place at which a funeral is conducted
or is scheduled to be conducted within the next hour or has been conducted
within the last hour.
2. An individual is guilty of disorderly conduct at a funeral if the individual:
a. Engages, with knowledge of the existence of a funeral site, in any loud singing,
playing of music, chanting, whistling, yelling, or noisemaking within one thousand
feet [300.48 meters] of any ingress or egress of that funeral site if the volume of
the singing, music, chanting, whistling, yelling, or noisemaking is likely to be
audible at and disturbing to the funeral site; or
b. Displays, with knowledge of the existence of a funeral site and within one
thousand feet [300.48 meters] of any ingress or egress of that funeral site, any
visual images that convey fighting words or actual or veiled threats against any
other individual.
3. Disorderly conduct at a funeral is a class B misdemeanor. A second or subsequent
violation of this section is a class A misdemeanor.
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12.1-31-02. Engaging in or financing criminal usury business.
1. A person is guilty of a class C felony if he knowingly engages in, or directly or indirectly
provides financing for, the business of making extensions of credit at such a rate of
interest that repayment or performance of any promise given in consideration thereof
is unenforceable through civil judicial process in this state.
2. Knowledge of unenforceability shall be presumed, in the case of a person engaging in
the business, if any of the following exist, and in the case of a person directly or
indirectly providing financing, if he knew any of the following:
a. It is an offense to charge, take, or receive interest at the rate involved.
b. The rate of interest charged, taken, or received is fifty or more per centum greater
than the maximum enforceable rate of interest.
c. The rate of interest involved exceeds forty-five per centum per annum or the
equivalent rate for a longer or shorter period.
3. Unless otherwise provided by law, the rate of interest is to be calculated according to
the actuarial method of allocating payments made on a debt between principal and
interest, pursuant to which a payment is applied first to the accumulated interest and
the balance is applied to the unpaid principal.
4. It is a defense to a prosecution under this section that the defendant was licensed or
otherwise authorized by the United States or by any state government to engage in the
business of making extensions of credit.
5. In this section:
a. An "extension of credit" means any loan, or any agreement, tacit or express,
whereby the repayments or satisfaction of any debt, whether acknowledged or
disputed, valid or invalid, and however arising, may or will be deferred.
b. "Debtor" means any person to whom an extension of credit is made, or who
guarantees the repayment of that extension of credit, or in any manner
undertakes to indemnify the creditor against loss resulting from the failure of any
person to whom that extension of credit is made to repay the same.
c. The repayment of any extension of credit includes the repayment, satisfaction, or
discharge in whole or in part of any debt or claim, acknowledged or disputed,
valid or invalid, resulting from or in connection with that extension of credit.
12.1-31-03. Sale of tobacco, electronic smoking devices, or alternative nicotine
products to minors and use by minors prohibited.
1. a. It is an infraction for any person to sell or furnish to a minor, or procure for a
minor, cigarettes, cigarette papers, cigars, snuff, tobacco in any other form in
which it may be utilized for smoking or chewing, electronic smoking devices, or
alternative nicotine products. As used in this subdivision, "sell" includes
dispensing from a vending machine under the control of the actor.
b. It is an infraction for any person to display or offer for sale cigarettes, cigarette
papers, cigars, snuff, tobacco in any other form in which it may be utilized for
smoking or chewing, electronic smoking devices, or alternative nicotine products
through a self-service display. This subdivision does not apply to a:
(1) Vending machine or other coin-operated machine that is permitted under
section 12.1-31-03.1; or
(2) Self-service display that is located in a tobacco specialty store.
2. It is a noncriminal offense for a minor to purchase, possess, smoke, or use cigarettes,
cigars, cigarette papers, snuff, tobacco in any other form in which it may be utilized for
smoking or chewing, electronic smoking devices, or alternative nicotine products.
However, an individual under eighteen years of age may purchase and possess
tobacco, electronic smoking devices, or alternative nicotine products as part of a
compliance survey program when acting with the permission of the individual's parent
or guardian and while acting under the supervision of any law enforcement authority. A
state agency, city, county, board of health, tobacco, electronic smoking devices, or
alternative nicotine products retailer, or association of tobacco, electronic smoking
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devices, or alternative nicotine products retailers may also conduct compliance
surveys, after coordination with the appropriate local law enforcement authority.
It is a noncriminal offense for a minor to present or offer to another individual a
purported proof of age which is false, fraudulent, or not actually the minor's own proof
of age, for the purpose of attempting to purchase or possess cigarettes, cigars,
cigarette papers, snuff, tobacco in any other form in which it may be utilized for
smoking or chewing, electronic smoking devices, or alternative nicotine products.
A city or county may adopt an ordinance or resolution regarding the sale of tobacco,
electronic smoking devices, or alternative nicotine products to minors and use of
tobacco, electronic smoking devices, or alternative nicotine products by minors which
includes prohibitions in addition to those in subsection 1, 2, or 3. Any ordinance or
resolution adopted must include provisions deeming a violation of subsection 2 or 3 a
noncriminal violation and must provide for a fee of not less than twenty-five dollars for
a minor fourteen years of age or older who has been charged with an offense under
subsection 2 or 3. The failure to post a required bond or pay an assessed fee by an
individual found to have violated the ordinance or resolution is punishable as a
contempt of court, except a minor may not be imprisoned for the contempt.
A minor fourteen years of age or older found to have violated subsection 2 or 3 must
pay a fee of twenty-five dollars.
a. Any individual who has been cited for a violation of subsection 2 or 3 may appear
before a court of competent jurisdiction and pay the fee by the time scheduled for
a hearing, or if bond has been posted, may forfeit the bond by not appearing at
the scheduled time. An individual appearing at the time scheduled in the citation
may make a statement in explanation of that individual's action and the judge
may waive, reduce, or suspend the fee or bond, or both. If the individual cited
follows the procedures of this subdivision, that individual has admitted the
violation and has waived the right to a hearing on the issue of commission of the
violation. The bond required to secure appearance before the court must be
identical to the fee. This subdivision does not allow a citing officer to receive the
fee or bond.
b. If an individual cited for a violation of subsection 2 or 3 does not choose to follow
the procedures provided under subdivision a, that individual may request a
hearing on the issue of the commission of the violation cited. The hearing must
be held at the time scheduled in the citation or at some future time, not to exceed
ninety days later, set at that first appearance. At the time of a request for a
hearing on the issue on commission of the violation, the individual cited shall
deposit with the court an appearance bond equal to the fee for the violation cited.
c. The failure to post bond or to pay an assessed fee is punishable as a contempt of
court, except a minor may not be imprisoned for the contempt.
The prosecution must prove the commission of a cited violation under subsection 2 or
3 by a preponderance of the evidence.
A law enforcement officer that cites a minor for violation of this section shall mail a
notice of the violation to the parent or legal guardian of the minor within ten days of the
citation.
A person adjudged guilty of contempt for failure to pay a fee or fine may be sentenced
by the court to a sanction or order designed to ensure compliance with the payment of
the fee or fine or to an alternative sentence or sanction including community service.
As used in this section:
a. "Alternative nicotine product" means any noncombustible product containing
nicotine that is intended for human consumption, whether chewed, absorbed,
dissolved, or ingested by any other means. The term does not include any
cigarette, cigar, snuff, tobacco in any other form in which it may be utilized for
smoking or chewing, any electronic smoking device, or any product regulated as
a drug or device by the United States Food and Drug Administration under
chapter V of the federal Food, Drug, and Cosmetic Act [21 U.S.C 501 et seq.].
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"Electronic smoking device" means any electronic product that delivers nicotine
or other substances to the individual inhaling from the device, including, an
electronic cigarette, e-cigar, e-pipe, vape pen, or e-hookah. Electronic smoking
device includes any component, part, or accessory of such a product, whether or
not sold separately. Electronic smoking device does not include drugs, devices,
or combination products approved for sale by the United States food and drug
administration, as those terms are defined in the federal Food, Drug and
Cosmetic Act [52 Stat. 1040; 21 U.S.C. 301 et seq.].
"Self-service display" means a display that contains cigarettes, cigarette papers,
cigars, snuff, tobacco in any other form which it may be utilized for smoking or
chewing, electronic smoking devices, or alternative nicotine products and is
located in an area that is openly accessible to the retailer's customers, and from
which customers can readily access those products without the assistance of a
salesperson. A display case that holds those products behind locked doors does
not constitute a self-service display.
"Tobacco specialty store" means a retail store that:
(1) Derives at least seventy-five percent of its revenue from the sale of
cigarettes, cigarette papers, cigars, snuff, tobacco in any other form in which
it may be utilized for smoking or chewing, electronic smoking devices, or
alternative nicotine products; and
(2) Does not permit minors to enter the premises unless accompanied by a
parent or legal guardian.
"Vending machine" means a machine, appliance, or other mechanical device
operated by currency, token, debit card, credit card, or other means of payment
that is designed or used for vending purposes, including machines or devices that
use remote control locking mechanisms.
12.1-31-03.1. Vending machines prohibited - Penalty.
1. It is an infraction for any person to sell or furnish cigarettes, cigarette papers, cigars,
snuff, tobacco in any other form in which it may be utilized for smoking or chewing,
electronic smoking devices, or alternative nicotine products through a vending
machine, except as provided in subsection 2.
2. Subsection 1 does not apply to:
a. A vending machine that is located in an area in which minors are not permitted
access; or
b. A vending machine that dispenses cigarettes, cigarette papers, cigars, snuff,
tobacco in any other form in which it may be utilized for smoking or chewing,
electronic smoking devices, or alternative nicotine products through the operation
of a device that requires a salesperson to control the dispensation of such
product.
3. It is an infraction for any person to sell or furnish cigarettes, cigarette papers, cigars,
snuff, tobacco in any other form in which it may be utilized for smoking or chewing,
electronic smoking devices, or alternative nicotine products through any vending
machine, if those products are placed together with any nontobacco product, other
than matches, in the vending machine.
4. As used in this section, "electronic smoking devices" and "alternative nicotine
products" have the same meaning as in section 12.1-31-03.
12.1-31-03.2. (Contingent expiration date - See note) Child-resistant packaging for
liquid nicotine containers.
1. Any nicotine liquid container that is sold at retail in this state must satisfy the
child-resistant effectiveness standards set forth in title 16, CFR, part 1700, section
15(b)(1), when tested in accordance with the method described in title 16, CFR, part
1700, section 20.
2. As used in this section, "nicotine liquid container" means a bottle or other container of
a liquid or other substance containing nicotine in which the liquid or substance is sold,
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marketed, or intended for use in an electronic smoking device. The term does not
include a liquid or other substance containing nicotine in a cartridge that is sold,
marketed, or intended for use in an electronic smoking device, provided that the
cartridge is prefilled and sealed by the manufacturer and not intended to be opened by
the consumer.
Any person that engages in retail sales of liquid nicotine containers in violation of this
section is subject to a civil penalty of not more than five hundred dollars for each
separate violation of this section, to be recovered by any enforcement authority
designated by the city or political subdivision in which the violation occurred.
12.1-31-04. Manufacture, sale, or delivery of paraphernalia - Definitions - Penalty.
Repealed by S.L. 1981, ch. 160, § 8.
12.1-31-05. Child procurement - Penalty.
Except with respect to fees and charges authorized by law or approved by a court in a
proceeding related to the placement of a minor child for adoption or related to the adoption of a
minor child, a person is guilty of child procurement, a class C felony, if the person knowingly
offers, gives, or agrees to give to another or solicits, accepts, or agrees to accept from another,
a thing of value as consideration for the recipient's furnishing or aiding another to furnish a
minor child for the purposes of adoption. This section does not apply to parties to any
agreement in which a woman agrees to become a surrogate, as defined in section 14-18-01, or
to relinquish her rights and duties as parent of a child conceived through assisted reproduction,
as defined in section 14-20-02.
12.1-31-06. Volatile chemicals - Inhalation of vapors prohibited - Definitions - Penalty.
Repealed by S.L. 2001, ch. 214, § 10.
12.1-31-07. Endangering a vulnerable adult - Penalty.
1. In this chapter, unless the context otherwise requires:
a. "Caregiver" means a person who is responsible for the care of a disabled adult or
vulnerable elderly adult as a result of a familial or legal relationship, or a person
who has assumed responsibility for the care of a disabled adult or vulnerable
elderly adult. The term does not include a licensed health care provider who is
acting within the provider's legal scope of practice in providing appropriate care or
assistance to a disabled adult or vulnerable elderly adult who is the patient or
client of the licensed health care provider.
b. "Disabled adult" means a person eighteen years of age or older who suffers from
a condition of physical or mental incapacitation due to a developmental disability
or organic brain damage or mental illness or who has one or more physical or
mental limitations that restrict the person's ability to perform the normal activities
of daily living.
c. "Vulnerable elderly adult" means a person sixty years of age or older who is
suffering from a disease or infirmity associated with advanced age and
manifested by physical, mental, or emotional dysfunctioning to the extent that the
person is incapable of adequately providing for the person's own health or
personal care.
2. Except as provided for by chapters 23-06.5 and 30.1-30, a caregiver who knowingly
performs an act that causes a disabled adult's or vulnerable elderly adult's life to be
endangered, health to be injured, or pre-existing physical or mental condition to
deteriorate, or a caregiver who fails to perform acts that the caregiver knows are
necessary to maintain or preserve the life or health of the disabled adult or vulnerable
elderly adult and the failure causes the disabled adult's or vulnerable elderly adult's life
to be endangered, health to be injured, or pre-existing physical or mental condition to
deteriorate, is guilty of a class B felony.
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12.1-31-07.1. Exploitation of a vulnerable adult - Penalty.
1. A person is guilty of exploitation of a disabled adult or vulnerable elderly adult if:
a. The person stands in a position of trust and confidence or has a business
relationship with the disabled adult or vulnerable elderly adult and knowingly, by
deception or intimidation, obtains or uses, or attempts to obtain or use, the
disabled adult's or vulnerable elderly adult's funds, assets, or property with the
intent to temporarily or permanently deprive the disabled adult or vulnerable
elderly adult of the use, benefit, or possession of the property, for the benefit of
someone other than the disabled adult or vulnerable elderly adult; or
b. The person knows that the disabled adult or vulnerable elderly adult lacks the
capacity to consent, and obtains or uses, or attempts to obtain or use, or assists
another in obtaining or using or attempting to obtain or use, the disabled adult's
or vulnerable elderly adult's funds, assets, or property with the intent to
temporarily or permanently deprive the disabled adult or vulnerable elderly adult
of the use, benefit, or possession of the property for the benefit of someone other
than the disabled adult or vulnerable elderly adult.
2. Exploitation of a disabled adult or vulnerable elderly adult is:
a. A class A felony if the value of the exploited funds, assets, or property exceeds
fifty thousand dollars.
b. A class B felony if the value of the exploited funds, assets, or property exceeds
ten thousand dollars but does not exceed fifty thousand dollars.
c. A class C felony if the value of the exploited funds, assets, or property is in
excess of one thousand dollars but does not exceed ten thousand dollars.
d. A class A misdemeanor if the value of the exploited funds, assets, or property
does not exceed one thousand dollars.
3. It is not a defense to a prosecution of a violation of this section that the accused did
not know the age of the victim.
4. This section does not impose criminal liability on a person who has:
a. Managed the disabled adult's or vulnerable elderly adult's funds, assets, or
property in a manner that clearly gives primacy to the needs and welfare of that
person or is consistent with any explicit written authorization; or
b. Made a good-faith effort to assist in the management of the disabled adult's or
vulnerable elderly adult's funds, assets, or property.
12.1-31-07.2. Criminal proceeding involving a vulnerable adult - Speedy trial.
In a criminal proceeding in which a disabled adult or vulnerable elderly adult is a victim, the
court and state's attorney shall take appropriate action to ensure a speedy trial to minimize the
length of time the disabled adult or vulnerable elderly adult must endure the stress of
involvement in the proceedings. In ruling on any motion or other request for a delay or a
continuance of proceedings, the court shall consider and give weight to any adverse impact the
delay or continuance may have on the well-being of the disabled adult or vulnerable elderly
adult.
12.1-31-08. Possession or distribution of certain photographs or other visual
representations prohibited - Penalty.
Repealed by S.L. 2009, ch. 133, § 3.
12.1-31-09. Fraudulent use of receipts and universal product code labels prohibited Penalty.
Except as otherwise provided in this section, any person who, with the intent to defraud a
retailer, possesses, uses, utters, transfers, alters, counterfeits, or reproduces a retail sales
receipt or a universal product code label is guilty of a class A misdemeanor. Any person who,
with the intent to defraud a retailer, possesses fifteen or more fraudulent retail sales receipts or
universal product code labels or who possesses a device the purpose of which is to
manufacture fraudulent retail sales receipts or universal product code labels is guilty of a
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class C felony. For purposes of this section, "universal product code" means the twelve-digit
identification number and bar code system developed by the uniform code council which is used
to uniquely identify products.
12.1-31-10. Sale of bidis prohibited - Penalty.
It is an infraction for any person to sell the tobacco product commonly referred to as bidis or
beedies. For purposes of this section, "bidis" or "beedies" means a product containing tobacco
which is wrapped in temburni leaf, also known as diospyros melanoxylon, or tendu leaf, also
known as diospyros exculpra.
12.1-31-11. False representation of marital status.
An individual is guilty of a class B misdemeanor if the individual lives openly and notoriously
with an individual of the opposite sex as a married couple without being married to the other
individual and falsely represents the couple's status as being married to each other.
12.1-31-12. (Contingent effective date - See note) Abortion - Affirmative defenses.
1. As used in this section:
a. "Abortion" means the use or prescription of any substance, device, instrument,
medicine, or drug to intentionally terminate the pregnancy of an individual known
to be pregnant. The term does not include an act made with the intent to increase
the probability of a live birth; preserve the life or health of a child after live birth; or
remove a dead, unborn child who died as a result of a spontaneous miscarriage,
an accidental trauma, or a criminal assault upon the pregnant female or her
unborn child.
b. "Physician" means an individual licensed to practice medicine under chapter
43-17.
c. "Professional judgment" means a medical judgment that would be made by a
reasonably prudent physician who is knowledgeable about the case and the
treatment possibilities with respect to the medical conditions involved.
2. It is a class C felony for a person, other than the pregnant female upon whom the
abortion was performed, to perform an abortion.
3. The following are affirmative defenses under this section:
a. That the abortion was necessary in professional judgment and was intended to
prevent the death of the pregnant female.
b. That the abortion was to terminate a pregnancy that resulted from gross sexual
imposition, sexual imposition, sexual abuse of a ward, or incest, as those
offenses are defined in chapter 12.1-20.
c. That the individual was acting within the scope of that individual's regulated
profession and under the direction of or at the direction of a physician.
12.1-31-13. Tattooing, branding, subdermal implants, scarifying, and piercing Minors.
1. As used in this section:
a. "Brand" means the use of heat, cold, or any chemical compound to imprint
permanent markings on an individual's skin.
b. "Pierce" means the puncture of any part of an individual's body to insert studs,
pins, rings, chains, or other jewelry or adornment.
c. "Scarify" means to cut, tear, or abrade an individual's skin for the purpose of
creating a permanent mark or design on the skin.
d. "Subdermal implant" means to insert a foreign object beneath the skin to
decorate an individual's body.
e. "Tattoo" means to mark the skin of an individual by insertion of permanent colors
through puncture of the skin.
2. It is a class B misdemeanor for a person, other than a licensed health care
professional acting within that professional's scope of practice, to tattoo, brand,
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subdermal implant, scarify, or pierce an individual who is under eighteen years of age
unless the tattooing, branding, subdermal implanting, scarifying, or piercing takes
place in the presence of and with the written consent of the individual's parent or legal
guardian.
It is a class B misdemeanor for a person to sell, trade, or otherwise provide materials
or kits for tattooing, self-tattooing, branding, self-branding, scarifying, self-scarifying,
subdermal implanting, self-subdermal implanting, body piercing, or self-body piercing
to an individual who is under eighteen years of age.
A political subdivision may enact and enforce an ordinance restricting tattooing,
branding, subdermal implanting, scarifying, and piercing or restricting the sale of
tattooing, branding, subdermal implanting, scarifying, and piercing materials and kits if
the ordinance is equal to or more stringent than this section.
12.1-31-14. Surreptitious intrusion or interference with privacy.
1. An individual is guilty of a class B misdemeanor if, with intent to intrude upon or
interfere with the privacy of another, the individual:
a. Enters upon another's property and surreptitiously gazes, stares, or peeps into a
house or place of dwelling of another; or
b. Enters upon another's property and surreptitiously installs or uses any device for
observing, photographing, recording, amplifying, or broadcasting sounds or
events from a house or place of dwelling of another.
2. An individual is guilty of a class B misdemeanor if, with intent to intrude upon or
interfere with the privacy of an occupant, the individual:
a. Surreptitiously gazes, stares, or peeps into a tanning booth, a sleeping room in a
hotel, or other place where a reasonable individual would have an expectation of
privacy; or
b. Surreptitiously installs or uses any device for observing, photographing,
recording, amplifying, or broadcasting sounds or events from a tanning booth, a
sleeping room in a hotel, or other place where a reasonable individual would have
an expectation of privacy.
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