North Dakota Criminal Laws: Felony and Misdemeanor Classes, Theft, Self-Defense and Bail

Offenses are divided into seven classes. Felonies: Class AA felony, maximum penalty of life imprisonment without parole (the court must designate whether the life sentence is with or without an opportunity for parole; a person sentenced to life with parole is not eligible for parole board consideration for thirty years, less sentence reduction earned for good conduct). Class A felony: maximum of twenty years' imprisonment, a fine of twenty thousand dollars, or both. Class B felony: maximum of ten years' imprisonment, a fine of twenty thousand dollars, or both. Class C felony: maximum of five years' imprisonment, a fine of ten thousand dollars, or both. Extended sentences under section 12.1-32-09 may also apply.

Class A misdemeanor: maximum of imprisonment for three hundred sixty days, a fine of three thousand dollars, or both. Class B misdemeanor: maximum of thirty days' imprisonment, a fine of one thousand five hundred dollars, or both. Infraction: maximum fine of one thousand dollars (no jail); a person convicted of an infraction who, within one year before the offense, was previously convicted at least twice of the same infraction may be sentenced as though convicted of a class B misdemeanor.

Theft becomes a felony when the property or services stolen exceed one thousand dollars in value (class C felony). Tiers: exceeding fifty thousand dollars: class A felony; exceeding ten thousand dollars but not exceeding fifty thousand dollars: class B felony; exceeding one thousand dollars: class C felony. Certain property is a class C felony regardless of value, including a firearm, ammunition, or an explosive or destructive device; livestock taken from the owner's premises; a credit or debit card or other account-access device; and prescription drugs (except five or fewer capsules, pills, or tablets). All other theft is a class A misdemeanor, except that theft of property or services not exceeding five hundred dollars is a class B misdemeanor for a first offense if committed by shoplifting or if listed factors are met. A second or third shoplifting offense within three years is a class A misdemeanor, and a fourth or subsequent within four years is a class C felony.

Stand your ground. Deadly force in self-defense or defense of others is generally not justified if it can be avoided, with safety to the actor and others, by retreat or other conduct involving minimal interference with the freedom of the individual menaced. However, the duty to retreat does not apply to an individual who is not engaged in an unlawful activity that gives rise to the need for the use of deadly force and has not provoked the individual against whom the deadly force is used (unless the circumstances in N.D.C.C. § 12.1-05-03(2)(b) apply); such an individual is not required to retreat within or from any place the individual otherwise is legally allowed to be.

Deadly force is justified when used by an individual in possession or control of a dwelling, place of work, motor vehicle, or an occupied motor home or travel trailer (or by one licensed or privileged to be there) if necessary to prevent commission of arson, burglary, robbery, or a felony involving violence there, and force other than deadly force would expose any individual to substantial danger of serious bodily injury. An individual using deadly force is presumed to have held a reasonable fear of imminent peril of death or serious bodily injury if the person against whom it was used was unlawfully and forcibly entering, or had unlawfully and forcibly entered and remained within, a dwelling, place of work, or occupied motor home or travel trailer (or was removing or attempting to remove someone against their will from it), and the user knew or had reason to believe this was occurring. The presumption may be rebutted by proof beyond a reasonable doubt, and it does not apply if the person against whom force is used has a right to be there or is a lawful resident (such as an owner, lessee, or titleholder) with no domestic violence protection order or other no-contact order against them; if the person removed is a child or grandchild or in the lawful custody or guardianship of the person against whom force is used; if the user is committing a crime or using the place to further a crime; or if the person is a law enforcement officer entering in the performance of official duties as described in the statute. Civil immunity: an individual who uses force as permitted under the chapter is immune from civil liability to the person against whom force was used or that person's estate (with a law-enforcement-officer exception), and the court shall award loss of income, reasonable attorney's fees, court costs, and disbursements to a defendant found immune.

There is no limitation of the time within which a prosecution for murder must be commenced. Other felonies: within three years after commission (for felony offenses under chapter 12.1-23 or 50-24.8, the later of three years of the last act, three years of discovery of the stolen property, or three years of discovery of the loss). Misdemeanors and infractions: within two years after commission (with a similar discovery rule for chapter 12.1-23 misdemeanors). Felony sexual offenses under chapter 12.1-20 and human trafficking: within seven years. Listed sexual offenses against a victim under eighteen: within twenty-one years after the offense or, if not reported within that period, within three years after it was reported to law enforcement; a DNA or fingerprint identification after the period expires allows prosecution within three years of identification. If a chapter 12.1-20 or human trafficking victim is under the age of fifteen, the period does not begin to run until the victim reaches fifteen. Time when the defendant is out of the state, or is not an inhabitant of or usually resident within the state, is not part of the limitation.

Pretrial release is governed by N.D. Rule of Criminal Procedure 46 (the chapter 29-08 statutes on when bail must be taken are superseded by Rule 46). At the initial appearance, the magistrate must order release on personal recognizance or an unsecured appearance bond unless that will not reasonably assure the person's appearance; otherwise the magistrate may impose conditions such as supervision, employment or education requirements, travel/association/residence limits, no contact with alleged victims or witnesses, reporting, curfew, no firearms, no alcohol or unprescribed controlled substances, treatment, an appearance bond with a cash or security deposit not exceeding 10% of the bond amount, or a bail bond with sureties (or cash in lieu). Factors include the nature and circumstances of the offense, weight of the evidence, family ties, employment, financial resources, character, mental condition, length of residence, criminal record, record of appearances or flight, and danger to any person or the community. A person still detained 48 hours after the release hearing because they cannot meet the conditions may ask a magistrate to review them, and conditions may be amended at any time. By statute, the supreme court must establish a uniform bail schedule for individuals in custody who have not yet appeared before the district court, to be implemented by August 1, 2024. For purposes of setting release conditions at an initial appearance, an incarcerated individual is presumed indigent.

The state Commission on Legal Counsel for Indigents provides indigent defense services to individuals the court determines are eligible under the commission's standards. A right to counsel through the commission exists for a defendant charged with a felony in district court, and for a class A or B misdemeanor in district court unless the court has determined there is no possibility of imprisonment. The commission's guidelines set financial eligibility at 125% of the federal poverty level; applicants above that generally do not qualify but should not be automatically denied, as exceptional factors are considered. A defendant requesting counsel at public expense must submit an application for indigent defense services; the commission's website directs applicants to file the application with the Clerk of Court in the county of the charge.

18 (minors are persons under eighteen years of age). An adult who engages in a sexual act with a minor fifteen years of age or older is guilty of a class A misdemeanor (corruption of minors), or a class C felony if the adult is at least twenty-two years of age; a sexual act with a victim less than fifteen years old is gross sexual imposition. Close-in-age provisions: when criminality depends on the victim being a minor fifteen years of age or older, the actor is guilty only if the actor is at least three years older than the minor; when criminality depends on the victim being below fifteen and the actor is a minor, the actor is guilty only if at least three years older than the victim.

Adult-use marijuana is not legal; small amounts are an infraction. Possession of marijuana in an amount of less than one-half ounce [14.175 grams] is an infraction; at least one-half ounce but not more than 500 grams is a class B misdemeanor; more than 500 grams is a class A misdemeanor. Tetrahydrocannabinol: less than two grams is an infraction; at least two grams but not more than six grams is a class B misdemeanor; more than six grams is a class A misdemeanor. A person under twenty-one who ingests marijuana (other than medical marijuana obtained under chapter 19-24.1) commits a class B misdemeanor. A first-offense conviction for one ounce or less of marijuana (or two grams or less of THC) must be sealed on motion if the person is not convicted of a further violation within two years. Medical program (chapter 19-24.1): a registered qualifying patient generally may not purchase more than two and one-half ounces of dried flower in a thirty-day period or possess more than three ounces at any time (higher amounts with an enhanced card).

Simple assault is willfully causing bodily injury to another person, or negligently causing bodily injury with a firearm or other dangerous weapon; it is a class B misdemeanor (up to 30 days and a $1,500 fine), but a class C felony when the victim is a peace officer, correctional employee, firefighter, emergency medical worker or certain hospital workers on duty. Assault that willfully causes substantial bodily injury is a class A misdemeanor (up to 360 days and $3,000), or a class C felony if the victim is under twelve. Aggravated assault, a class C felony (up to 5 years and $10,000), is willfully causing serious bodily injury, injuring someone with a dangerous weapon, or firing a gun or hurling a destructive device at someone; it becomes a class B felony (up to 10 years and $20,000) if the victim is under twelve, is a peace officer or correctional employee on duty, or suffers permanent loss or impairment of a bodily function.

North Dakota has no separate battery offense. Physically injuring another person is charged under the assault statutes: simple assault (bodily injury, a class B misdemeanor), assault (substantial bodily injury, a class A misdemeanor) and aggravated assault (serious bodily injury or use of a dangerous weapon, a class C or B felony).

North Dakota has a separate domestic violence offense for willfully causing injury to a family or household member. Causing bodily injury is a class B misdemeanor for a first offense, and a class A misdemeanor for a second or later domestic violence offense (including prior assault convictions involving domestic violence). Causing substantial bodily injury is a class A misdemeanor, and causing serious bodily injury is a class C felony (up to 5 years and $10,000). Causing substantial or serious bodily injury to a household member under twelve is a class B felony (up to 10 years and $20,000). Domestic violence charges must be prosecuted in district court, and the law also covers offenders under eighteen who dated or share a child with the victim.

Shoplifting (taking, concealing, or altering price tags on store merchandise with intent to deprive the owner) is charged as theft. Theft of property worth $500 or less by shoplifting is a class B misdemeanor for a first offense (up to 30 days and $1,500). A second or third shoplifting offense within three years is a class A misdemeanor (up to 360 days and $3,000), and a fourth or later shoplifting offense within four years is a class C felony (up to 5 years and $10,000). An adult shoplifter, or the parent of an unemancipated minor living at home, is also civilly liable to the merchant for the retail value of the merchandise plus exemplary damages of not more than $250, court costs and reasonable attorney's fees; no criminal conviction is required, but the merchant must wait until any criminal case is completed.

Burglary is willfully entering or secretly remaining in a building or occupied structure that is not open to the public, without permission, intending to commit a crime there. It is a class C felony (up to 5 years and $10,000), and a class B felony (up to 10 years and $20,000) when it is committed at night in another person's dwelling, or when the burglar injures or tries to injure or restrain someone, threatens serious injury, or is armed. Robbery is inflicting or attempting to inflict bodily injury on someone, or threatening imminent bodily injury, while committing a theft. Robbery is a class C felony; a class B felony if the robber has or pretends to have a dangerous weapon, threatens serious injury, injures someone, or has an accomplice present; and a class A felony (up to 20 years and $20,000) if the robber fires a gun, explodes or hurls a destructive device, or uses another dangerous weapon against someone.

Vandalism is called criminal mischief in North Dakota: willfully damaging, or tampering with, someone else's property. It is a class B misdemeanor when the loss is under $100; a class A misdemeanor when the person intentionally causes a loss of $100 through $2,000 (or recklessly causes a loss over $2,000); a class C felony when the person intentionally causes a loss over $2,000 up to $10,000, uses an explosive or destructive device, or acts during a riot; and a class B felony when the intentional loss exceeds $10,000. Chapter 12.1-21 (arson and criminal mischief) contains no separate graffiti offense.

Entering or remaining in a dwelling or highly secured premises, knowing one has no right to, is a class C felony (up to 5 years); unlawfully occupying or trespassing on a residential dwelling is a class C felony, and a class B felony for a repeat offense at the same dwelling. Entering or staying in a building or storage structure, or a fenced area designed to exclude intruders, is a class A misdemeanor. Entering land after being told not to or that is posted (with the poster's name on each sign), or refusing to leave when asked, is a class B misdemeanor, and a class A misdemeanor for a second offense within two years. Instead of a criminal charge, an officer may cite someone on posted or fenced land for a noncriminal offense with a $250 fine.

Willfully possessing a controlled substance without a valid prescription is a class A misdemeanor for a first offense (up to 360 days and $3,000), and a class C felony (up to 5 years) for a second or later offense not related to marijuana, THC or kratom. Possessing five or fewer pills of a Schedule II-V drug is also a class A misdemeanor (class C felony on a repeat offense). Possessing paraphernalia to use a Schedule I, II or III drug (other than marijuana) is a class A misdemeanor, or a class C felony with a prior drug conviction; paraphernalia for marijuana use is an infraction. A felony possession conviction is deemed a misdemeanor after successful completion of a treatment court, mental health court or veterans treatment docket program.

A driver in a crash that injures or kills someone must stop, stay at the scene, give name, address, insurance and registration information, and render reasonable assistance. Failing to do so after a crash involving personal injury is a class A misdemeanor (up to 360 days); negligently failing to comply when there is serious personal injury is a class C felony (up to 5 years), and when there is a death, a class B felony (up to 10 years). The driver's license must be revoked on conviction. Leaving the scene of a crash that only damaged a vehicle is a class B misdemeanor, and hitting an unattended vehicle without notifying the owner or leaving a note is a class A misdemeanor.

Reckless driving is driving a vehicle recklessly in disregard of the rights or safety of others, or without due caution and at a speed or in a manner that endangers or is likely to endanger people or property. It is a class B misdemeanor (up to 30 days and $1,500). Reckless driving that causes injury to another person is aggravated reckless driving, a class A misdemeanor (up to 360 days and $3,000).

Harassment is, with intent to frighten or harass, threatening injury in writing or electronically, making anonymous or coarse phone calls, repeated calls or electronic messages with no legitimate purpose, sending falsehoods that cause mental anguish, posting someone's personal identifying information online, or misusing 911; a written or electronic threat (or 911 misuse) is a class A misdemeanor, and other harassment is a class B misdemeanor. Stalking is an intentional course of conduct (two or more acts) directed at a specific person that frightens, intimidates or harasses them with no legitimate purpose, including unauthorized GPS or electronic tracking or drone use; it is a class A misdemeanor. Stalking becomes a class C felony (up to 5 years) when it violates a protection order the person knew about, when the person has a prior stalking conviction, or when the person has a prior assault, harassment or similar conviction involving the same victim.

Using or creating a substantial risk of bodily injury, or means requiring substantial force, to prevent a public servant from making an arrest for a misdemeanor or infraction (or doing another official duty) is preventing arrest, a class A misdemeanor; it is a class C felony when the arrest is for a class A, B or C felony. Intentionally obstructing a government function is a class A misdemeanor. Willfully fleeing or attempting to elude a police vehicle or officer after a signal to stop is a class A misdemeanor for a first offense and a class C felony for another offense within three years, or when fleeing after a felony or driving in a way that creates an inherent risk of death or serious injury to others. Negligently causing serious bodily injury while fleeing is a class B felony, and negligently causing a death is a class A felony.

Missing a court date after being released on condition of appearing is called 'failure to appear after release - bail jumping.' A person who willfully fails to appear as required commits a class C felony (up to five years, a $10,000 fine, or both) if released on a felony charge, or while awaiting sentence or pending appeal after conviction of any crime; otherwise it is a class A misdemeanor (up to 360 days in jail, a $3,000 fine, or both).

If there is probable cause to believe a probationer violated a condition, the court that placed the person on probation may hold a hearing; a probation officer or peace officer may take the person into custody, and bail may be allowed pending the hearing. The hearing is in open court with the probationer present, prior written notice of the alleged violation, and counsel (retained or appointed) unless waived; the probationer may make a statement and present mitigating evidence. If the violation is contested, 'the prosecution must establish the violation by a preponderance of the evidence.' The court may continue probation with or without modified or enlarged conditions, or revoke probation and impose any sentence that was available at the original sentencing.

'Physical obstruction of government function' — intentionally obstructing, impairing, hindering or perverting the administration of law or other governmental function — is a class A misdemeanor (up to 360 days in jail, a $3,000 fine, or both) (it does not cover resisting one's own arrest, which is a separate offense). Hindering law enforcement (harboring a suspect, destroying evidence, giving false information to police) is a class A misdemeanor, or a class C felony (up to five years, a $10,000 fine, or both) when the underlying crime is a class AA, A or B felony. Tampering with a witness or informant — using force, threat, deception or bribery to influence testimony or to make someone withhold evidence or skip a proceeding — is a class C felony.

Perjury — making a material false statement under oath in an official proceeding, not believing it true — is a class C felony (up to five years, a $10,000 fine, or both). Making a false statement under oath in an official proceeding whether or not material, or a material false written statement in a government matter, is the lesser offense of 'false statements,' a class A misdemeanor (up to 360 days in jail, a $3,000 fine, or both).

Public intoxication is not a crime in North Dakota; the former 'public intoxication - penalty' section was 'Repealed by S.L. 1969, ch. 91, § 5.' Instead, a peace officer may take an apparently intoxicated person (alcohol, drugs or controlled substances) home, to a hospital, or to a detoxification center, or to jail only if the person is a danger to themselves or others; an intoxicated person may not be held in jail because of intoxication more than twenty-four hours.

Disorderly conduct is a class B misdemeanor (up to 30 days, a $1,500 fine, or both). It covers acting with intent to harass, annoy or alarm another (or in reckless disregard that they are): fighting or violent, tumultuous or threatening behavior; unreasonable noise; abusive or obscene language or gestures or exposing one's genitals or anus in public; obstructing traffic or a public facility; persistently following someone in public; creating a hazardous or seriously alarming condition with no legitimate purpose; intrusive harassing conduct; and peering into or recording through another's windows. Constitutionally protected activity is excluded.

Indecent exposure — with intent to arouse or gratify sexual desire, masturbating in public or in front of a minor, exposing one's genitals or anus in public or to a minor, or sending such images by unsolicited electronic means (or any electronic means to a minor) — is a class A misdemeanor (up to 360 days in jail, a $3,000 fine, or both). It is a class C felony (up to five years, a $10,000 fine, or both) after a prior conviction for indecent exposure or surreptitious intrusion or if the person is already required to register as a sex offender, and a class C felony if done within fifty feet of or on school property (class B felony for a repeat offense there). Indecent exposure (§ 12.1-20-12.1) is listed among the offenses that make a person a 'sexual offender' under the registration statute.

Prostitution is illegal throughout North Dakota. An adult who engages in sexual activity as a business, solicits to be hired for sexual activity, or agrees to engage in sexual activity for money is guilty of prostitution, a class B misdemeanor (up to 30 days, a $1,500 fine, or both). Hiring, or offering or agreeing to hire, someone for sexual activity is a class B misdemeanor for a first offense and a class A misdemeanor (up to 360 days in jail, a $3,000 fine, or both) for a second or later offense within ten years, and the sentence may include an offender education program. Promoting or facilitating prostitution is a class A misdemeanor up to a class A felony.

Legal gambling in North Dakota includes the state lottery run by the North Dakota Lottery, charitable gaming run by licensed nonprofit organizations and regulated by the Attorney General's Gaming Division, and the state's five tribal ('Indian') casinos operating on tribal land under tribal-state compacts. The Attorney General states that 'State law prohibits online gaming in North Dakota,' except online raffles by licensed charities through a licensed distributor. Except as permitted by law, gambling on private premises with more than $25 bet per player per hand, game or event is an infraction, and more than $500 is a class A misdemeanor (up to 360 days in jail, a $3,000 fine, or both); selling or buying chances in an unauthorized lottery is a class A misdemeanor; and engaging in the business of gambling (running a pool or lottery, taking bets for others, keeping slot machines) is a class C felony (up to five years, a $10,000 fine, or both).

North Dakota has no separate embezzlement statute; it is charged as theft — knowingly exercising unauthorized control over another's property, or obtaining it by deception, with intent to deprive the owner. Theft is graded by value: over $50,000 is a class A felony (up to twenty years, a $20,000 fine, or both); over $10,000 a class B felony (up to ten years, a $20,000 fine, or both); over $1,000 a class C felony (up to five years, a $10,000 fine, or both) (also over $100 when taken by a public servant in the course of official duties); otherwise a class A misdemeanor (up to 360 days in jail, a $3,000 fine, or both). The class B misdemeanor tier for thefts of $500 or less does not apply when the theft was by deception by someone in a confidential or fiduciary relationship with the victim, or by a public servant or financial institution employee in the course of official duties.

Identity theft is 'unauthorized use of personal identifying information' — obtaining, transferring or using another person's name, Social Security number, account or card numbers, passwords, biometric data or similar information without consent to obtain credit, money, goods, services or anything of value. It is a class B felony (up to ten years, a $20,000 fine, or both) if the value obtained exceeds $1,000, otherwise a class C felony (up to five years, a $10,000 fine, or both); a second or subsequent offense is a class A felony (up to twenty years, a $20,000 fine, or both). Stealing a credit or debit card or other access device is itself at least a class C felony theft.

Forgery or counterfeiting — knowingly falsely making, completing, altering, uttering or possessing a forged writing with intent to deceive or harm — is a class A misdemeanor (up to 360 days in jail, a $3,000 fine, or both) in ordinary cases. It is a class C felony (up to five years, a $10,000 fine, or both) if committed by a public servant or financial-institution employee using their office, involves government or foreign money, is made from plates or dies, purports to be a government writing, or is part of a scheme to defraud of more than $1,000; a class B felony (up to ten years, a $20,000 fine, or both) for government securities or a scheme over $10,000 up to $50,000; and a class A felony over $50,000. Writing a check without sufficient funds is an infraction up to $100, a class B misdemeanor over $100 to $500, a class A misdemeanor over $500 to $1,000, and a class C felony over $1,000, with higher grades for repeat offenders.

Blackmail or extortion is charged as theft by threat — obtaining property by threatening to injure someone, damage property, commit a crime, accuse someone of a crime, expose a secret or publicize an asserted fact (true or false), or take official action. Theft by threat is a class C felony (up to five years, a $10,000 fine, or both) if the property exceeds $100 (or a public servant threatens official action) and a class B felony (up to ten years, a $20,000 fine, or both) if acquired by a threat to commit a felony; value-based higher grades also apply. Threatening someone to force them to do or not do something (without obtaining property) is criminal coercion, a class A misdemeanor (up to 360 days in jail, a $3,000 fine, or both).

North Dakota does not use first- and second-degree murder. Murder is a class AA felony (maximum life imprisonment without parole; the court decides whether parole is possible) when a person intentionally or knowingly kills, kills under circumstances showing extreme indifference to human life, or causes a death during a listed felony such as robbery, burglary, kidnapping, arson, gross sexual imposition or a felony against a child (felony murder, with an affirmative defense for some non-killing accomplices). A killing that would otherwise be class AA murder but is committed under extreme emotional disturbance with a reasonable excuse is murder as a class A felony (up to 20 years and a $20,000 fine). Causing a death by suicide through deception, coercion or duress is also a class AA felony.

Manslaughter (recklessly causing another person's death) is a class B felony (up to 10 years and a $20,000 fine). Negligent homicide (negligently causing a death) is a class C felony (up to five years and a $10,000 fine). Criminal vehicular homicide (causing a death while driving under the influence) is a class A felony (up to 20 years) with a mandatory minimum of three years, or ten years if the driver has a prior DUI or reckless-driving conviction; causing substantial or serious bodily injury while driving under the influence is criminal vehicular injury, a class B felony with at least one year and one day.

A parent, household member, guardian or custodian who willfully inflicts or allows mental or bodily injury to a child commits child abuse, a class C felony (up to five years), or a class B felony (up to 10 years) if the child is under six; it is a class B felony if the child suffers permanent loss or impairment of a bodily function (class A if under six), and a paid caregiver who abuses a child commits a class B felony. Conviction carries a mandatory minimum of one year in prison. Willful child neglect by a caretaker (failing to provide proper care, subsistence or education, or letting the child be in disreputable places or harmful work) is a class C felony. Willfully encouraging or contributing to the delinquency of a minor, or to a child being in need of protection, is a class A misdemeanor (up to 360 days), and a class C felony if it involves causing a child under 16 to engage in sexual conduct in a visual depiction.

Arson is a class B felony (up to 10 years and a $20,000 fine): starting a fire or explosion intending to destroy all or part of another's building, inhabited structure or vital public facility, or damaging one's own property to collect insurance or to defeat another person's legal interest in it (personal property over $2,000). Endangering by fire or explosion (intentionally starting a fire that recklessly endangers a person, another's building, or causes over $2,000 in damage to another's property) is a class C felony, or a class B felony if it endangers life with extreme indifference. Failing to control or report a dangerous fire one started is a class A misdemeanor.

Willful animal neglect (failing to provide necessary food, water, shelter or care) and animal abandonment are class A misdemeanors (up to 360 days and a $3,000 fine). Willful animal abuse (an act or omission that injures or kills an animal) is a class A misdemeanor for a first or second offense and a class C felony for a third or later offense within ten years. Intentional animal cruelty (breaking an animal's bones, causing prolonged impairment of its health, mutilating it, or physically torturing it) is a class C felony (up to five years). Customary practices such as livestock production, rodeo, hunting and veterinary care are excluded, and an offense involving several animals counts as one offense for enhancement.

Yes. Knowingly or intentionally distributing an intimate image of a person to a third party, knowing the person did not consent, when the image was made or shared with a reasonable expectation of privacy and the distribution causes actual emotional distress or harm, is a class A misdemeanor (up to 360 days and a $3,000 fine). Separately, distributing or publishing a sexually expressive image with intent to cause emotional harm or humiliation, or after being told the depicted person does not consent, is a class A misdemeanor. An identifiable depicted person harmed by that offense may sue for actual damages (including emotional distress) or statutory damages up to $10,000 per defendant, the defendant's profits, exemplary damages, attorney fees and an injunction.

Electronic harassment is covered by the general harassment statute: with intent to frighten or harass, threatening injury in writing or by electronic communication is a class A misdemeanor (up to 360 days), and making repeated electronic communications with no legitimate purpose, communicating a harmful falsehood, or posting a person's identifying information online is a class B misdemeanor (up to 30 days and a $1,500 fine).

Trafficking an individual (knowingly recruiting, transporting, harboring, obtaining or enticing someone for forced labor or sexual servitude) is a class A felony when the victim is an adult and a class AA felony when the victim is a minor; forced labor and sexual servitude themselves are graded the same way, and a minor's consent or a belief that the minor was an adult is no defense. Mandatory minimums without parole apply: 20 years for a class AA felony, 10 years for a class A felony and five years for a class B felony. Recruiting a victim from a shelter adds up to five years, and businesses can be fined up to $1 million per offense.

Pedestrians facing a steady or flashing 'Don't Walk' signal may not start to cross. A pedestrian crossing outside a marked crosswalk or an unmarked crosswalk at an intersection must yield to all vehicles; between adjacent intersections with operating traffic signals, pedestrians may cross only in a marked crosswalk, and they may not cross an intersection diagonally unless signals allow. Traffic violations like these are noncriminal offenses; violations of the rules-of-the-road chapter are moving violations with a $20 statutory fee.

No one may drink alcohol in or on a motor vehicle on a public highway or public parking area, or possess an opened alcohol container on their person there; the owner (or driver, if the owner is absent) may not keep an opened container in the vehicle except in the trunk or, if there is no trunk, an area not normally occupied (the glove compartment counts as occupied). The living quarters of a house car are exempt when separated from the driver, and passengers in chartered buses and for-hire vehicles are exempt. A violation carries a $50 fee, recorded on the driving record only if the person was the driver.

A person under 21 may not buy or try to buy, possess, drink or have recently consumed, or be under the influence of alcohol, or enter a licensed bar (with exceptions such as a restaurant with a parent). A violation is an infraction (fine up to $1,000); the court may order, and for a second or later violation must order, an alcohol and drug education program. Misrepresenting one's age, including by showing a document claiming legal age, is a class B misdemeanor (up to 30 days and a $1,500 fine). Underage persons who call for medical help for someone are immune (up to five per occurrence).

Driving while one's license is suspended or revoked is a class B misdemeanor (up to 30 days and a $1,500 fine) for the first, second or third offense within five years, and a class A misdemeanor (up to 360 days) for later offenses in that period. If the suspension was for DUI or a chemical-test refusal, the sentence must include at least four consecutive days in jail. The court may dismiss the charge if the license is reinstated within 60 days, may order the vehicle's plates destroyed, and the suspension is extended (up to 90 days, 180 days or one year depending on prior offenses).

No one may drive a motor vehicle on a highway or public-access area without a valid operator's license; driving while not licensed is a noncriminal traffic offense with a $150 fee. A licensed driver must have a physical or electronic license in immediate possession and show it on demand; this is a moving violation ($20 fee), and the person cannot be convicted or charged costs if a valid license is shown to the prosecutor within 14 days.

North Dakota defines 'dangerous weapon' to include any switchblade or gravity knife, machete, scimitar, stiletto, sword, dagger, or knife with a blade of six inches or more. Carrying such a weapon concealed requires a firearm and dangerous weapon license; violating the concealed-carry chapter is a class A misdemeanor (up to 360 days and a $3,000 fine). Knowingly possessing a dangerous weapon at a school or school event, a church or a publicly owned building (with listed exceptions) is a noncriminal offense with a $100 fee.

Fireworks are generally illegal to sell, bring into the state, use or explode, except supervised permitted displays. Licensed retailers may sell listed consumer items to anyone at least 12 years old only from June 27 through July 5 and December 26 through January 1: small aerial star lights and comets, helicopter flyers, fountains, wheels, torches, sparklers, small soft-shell firecrackers and whistles (within set powder limits); small bottle rockets are banned. A violation is a class B misdemeanor (up to 30 days and a $1,500 fine).

Kidnapping (abducting someone, or continuing to restrain an abducted person, to hold them for ransom, as a shield or hostage, in involuntary servitude, to terrorize them, to commit a felony, or to interfere with a government function) is a class A felony (up to 20 years), reduced to a class B felony (up to 10 years) if the person voluntarily releases the victim alive and in a safe place before trial. Felonious restraint (knowingly abducting someone, restraining them under terrorizing circumstances or risk of serious injury, or to hold them in servitude) is a class C felony (up to 5 years). Unlawful imprisonment (knowingly subjecting someone to unlawful restraint) is a class A misdemeanor (up to 360 days), with a defense for a parent restraining their minor child.

Terrorizing (threatening a crime of violence or an act dangerous to human life, or falsely reporting that such danger is imminent, intending to put someone in fear for their safety or to cause an evacuation or serious public disruption, or recklessly disregarding that risk) is a class C felony (up to 5 years and $10,000). Menacing (knowingly placing or trying to place someone in fear of imminent serious bodily injury) is a class A misdemeanor (up to 360 days). Threatening harm to a public servant to influence official action is a separate class C felony.

Stealing a vehicle is theft graded by value: over $1,000 is a class C felony (up to 5 years), over $10,000 a class B felony (up to 10 years), and over $50,000 a class A felony (up to 20 years); lower values are misdemeanors. Unauthorized use of a vehicle ('joyriding': knowingly taking, operating or controlling another's automobile, motorcycle, motorboat, aircraft or other motor vehicle without the owner's consent) is a class A misdemeanor (up to 360 days), or a class C felony if the vehicle is an aircraft or the value of the use plus the cost of retrieving and restoring the vehicle exceeds $1,000.

Knowingly receiving, keeping or disposing of stolen property with intent to deprive the owner is theft and is graded by value: $500 or less can be a class B misdemeanor for a first offense, other amounts up to $1,000 are a class A misdemeanor, over $1,000 is a class C felony, over $10,000 a class B felony, and over $50,000 a class A felony; thefts in one scheme may be added together. A dealer in stolen property who receives or disposes of it in the course of business commits a class C felony regardless of value. Trafficking in stolen property is a class C felony, and organizing, financing or managing the theft and trafficking of stolen property is a class B felony.

North Dakota has no separately named organized retail theft offense in its theft chapter. However, theft committed while with an organized group of five or more individuals (or during a riot) is a class C felony (up to 5 years) regardless of value; thefts committed in one scheme or course of conduct, from one or several victims, may be charged as one offense with values added together; a fourth shoplifting offense within four years is a class C felony; and organizing or managing the theft and trafficking of stolen property is a class B felony (up to 10 years).

Manufacturing, delivering, or possessing with intent to manufacture or deliver a controlled substance (including delivery over the internet) is a class B felony (up to 10 years) for a Schedule I or II narcotic, methamphetamine, or other Schedule I-III drugs; a class C felony (up to 5 years) for marijuana, THC or Schedule IV drugs; and a class A misdemeanor for Schedule V. The grade rises one level (a class B felony becomes a class A felony, up to 20 years) for aggravating factors, including quantities such as 50 grams or more of heroin, cocaine or methamphetamine, 28 grams of cocaine base, or 40 grams of fentanyl (10 grams of a fentanyl analog); sales near schools or parks; having a firearm; or a delivery that causes a death. Using a minor to help deliver drugs is a class B felony.

Acquiring or obtaining possession of a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge, or furnishing false or fraudulent information in required drug records, is a class C felony (up to 5 years and $10,000). Stealing a prescription drug is also a class C felony theft unless five or fewer pills, capsules or tablets are taken. Offering to fill a controlled-substance prescription based only on an online questionnaire is a class C felony.

Criminal vehicular injury (causing substantial or serious bodily injury to another person while driving under the influence) is a class B felony (up to 10 years) with a mandatory minimum of one year and one day in prison, or at least two years if the driver has a prior DUI or reckless driving conviction; the sentence may not be suspended unless the court finds manifest injustice. Aggravated reckless driving (injuring someone by reckless driving) is a class A misdemeanor (up to 360 days).

Racing, drag racing, speed or acceleration contests, and exhibition driving (unnecessary engine noise, tire squeal, skids or abrupt turns) are prohibited on highways, streets, alleys, sidewalks and public or private parking lots. A violation is a noncriminal traffic violation with a $100 fee for racing or drag racing and a $50 fee for exhibition driving. Racing or drag racing adds 10 points to the driver's record and exhibition driving adds 3 points. Organized events on a track or private area set aside for that purpose are allowed.

Operating a motorboat or vessel, or water skiing or surfboarding, with an alcohol concentration of 0.10% or more within two hours of operating, or while under the influence of alcohol or drugs that make the person incapable of safe operation, is prohibited. The chapter sets no specific penalty for this violation, so the general penalty applies: a class B misdemeanor (up to 30 days and $1,500).

Committing a fraudulent insurance act is a crime graded by value: a class A misdemeanor in general; a class C felony if property or services retained exceed $1,000 (up to $10,000), or the value of the act associated with the fraud exceeds $10,000; a class B felony if property retained exceeds $10,000 or the value of the act exceeds $50,000; and a class A felony (up to 20 years) if property or services retained exceed $50,000. The court must order restitution, and felony charges must be brought within three years after the fraud is discovered.

North Dakota treats obtaining or trying to obtain public assistance by concealing a material fact, making a false statement, impersonating someone, hiding a transfer of property, or other fraud as 'deception' under its theft law, so welfare fraud is graded as theft by value (class A misdemeanor up to $1,000; class C felony over $1,000; class B felony over $10,000; class A felony over $50,000). For unemployment insurance, a person found to have made a false statement to obtain benefits they were not entitled to is disqualified for one year from the date of that determination (unless it was an honest mistake). Medicaid providers are civilly liable for up to 25% of amounts paid because of fraud or abuse.

Bribery (knowingly offering, giving, asking for or accepting anything of value in exchange for a public servant's official action or violation of a known legal duty) is a class C felony (up to 5 years and $10,000). Commercial bribery (giving a benefit to an employee, agent or fiduciary without the employer's or beneficiary's consent to influence their conduct, or accepting such a benefit) is also a class C felony, as is sports bribery. Lesser offenses such as unlawful compensation for help in government matters and trading in special influence are class A misdemeanors.

Failing to pay income tax, file or verify a return, or supply required information with intent to evade, or giving false or fraudulent information with that intent, is a class A misdemeanor (up to 360 days and $3,000), plus a civil penalty of up to $1,000 recovered by the attorney general. Failing to remit sales tax due, or otherwise failing to comply with the sales tax chapter, is also a class A misdemeanor.

North Dakota's main rape offense is gross sexual imposition: a sexual act compelled by force or by threat of imminent death, serious injury or kidnapping, after secretly drugging the victim, with a victim unaware of the act, or with a victim the actor knows cannot understand the conduct because of a mental disease or defect. It is a class A felony (up to 20 years), and a class AA felony (up to life without parole) if serious bodily injury is inflicted or the act is compelled by force or threat, with a 20-year mandatory minimum for the force-or-threat version (the court may go lower in limited cases, but not below 5 years); if the victim dies it is class AA with mandatory life without parole for adults. Sexual imposition (a sexual act or contact compelled by other threats or coercion) is a class B felony (up to 10 years). Sexual assault (unwanted sexual contact) is a class A misdemeanor if the contact is merely offensive and a class C felony (up to 5 years) in aggravated situations such as an incapacitated or drugged victim or a person in custody. For sex with minors under the age of consent, see the age-of-consent page.

A sexual act with a child under 15 is gross sexual imposition: a class A felony (up to 20 years), or a class AA felony (up to life without parole) if the actor was 22 or older. Sexual contact with a child under 15 is also gross sexual imposition, a class A felony. Continuous sexual abuse of a child (three or more sexual acts or contacts with a child under 15 over three or more months) is a class AA felony if the actor was 22 or older and otherwise a class A felony, and the court may not defer the sentence. Sexual contact with a 15- to 17-year-old by a parent or guardian, or by an adult 22 or older, is a class C felony (up to 5 years). Felony sex offenses carry 5 to 10 years of supervised probation after sentencing or incarceration, and the court may impose lifetime supervised probation for a class AA gross sexual imposition or continuous sexual abuse conviction.

North Dakota's law covers images of anyone under 18, including AI or computer-generated images made to look like a real minor. Using a minor in a sexual performance (or a parent consenting to it), or an adult posing as a minor to lure one into a sexual performance, is a class A felony (up to 20 years); producing or promoting an obscene sexual performance by a minor is also class A, and promoting any sexual performance by a minor is a class B felony (up to 10 years). Knowingly possessing such material is a class C felony (up to 5 years), raised to class B for 20 or more images, sadistic or violent content, a minor under 12, or a person with a prior registrable sex offense. Commercial offenders face added fines.

Yes. Luring minors by computer or other electronic means (an adult using electronic communication with sexual content with someone the adult believes is a minor, to invite or induce sexual acts, contact or a sexual performance) is graded by ages. If the adult is under 22: class A misdemeanor (believed minor 15-17) or class C felony (believed minor under 15). If the adult is 22 or older: class C felony (believed minor 15-17) or class B felony, up to 10 years (believed minor under 15). Class B and C convictions require at least one year in prison unless the person took no substantial step toward meeting the minor.

People who plead or are found guilty (including juvenile adjudications) of listed sex offenses or crimes against children must register with local law enforcement, generally within three days of moving or a change of address, school or job, and confirm information as the attorney general requires. Registration lasts the longer of 15 years, or 25 years for offenders the attorney general assigns a moderate risk, after sentencing or release. It is lifelong for people with two or more qualifying convictions, those assigned a high risk, and adults convicted after August 1, 1999 of forcible gross sexual imposition, continuous sexual abuse of a child, gross sexual imposition with a victim under 12, or certain kidnappings. Violating the registration law is a class C felony (up to 5 years), and an adult violator must serve at least 90 days in jail and one year of probation.

North Dakota's firearm ban for people with felony convictions is time-limited. A person convicted anywhere of a violent or intimidating felony (offenses in chapters 12.1-16 to 12.1-25) may not own or possess a firearm for 10 years after conviction or release from prison, parole or probation, whichever is latest; other felonies, and violent class A misdemeanors committed with a firearm or dangerous weapon, carry a 5-year ban. Violating the ban is a class C felony (up to 5 years). Felons not sentenced as armed offenders may possess certain antique-style long guns. A person barred because of a non-violent felony may petition the district court to restore firearm rights after paying all fines and completing all prison, probation and parole, if the court finds by clear and convincing evidence that the person is not likely to be dangerous.

Computer crime (intentionally accessing, altering, damaging, copying, disclosing, taking, introducing a computer contaminant into, destroying or blocking authorized use of a computer, system, network, software or data without authorization or beyond it) is a class A misdemeanor (up to 360 days). Computer fraud (doing any of those things without authorization to carry out a scheme to defraud or deceive, block authorized use, or get property or services by false pretenses) is a class C felony (up to 5 years). The owner of the computer may also sue for damages, restitution and attorney fees.

One-party consent. Intentionally intercepting a wire (phone) or oral communication with a device, or disclosing or using the contents knowing they were intercepted, is a class C felony (up to 5 years). It is a defense if the person was a party to the communication or one party gave prior consent, unless the recording was made to commit a crime or other unlawful harm. Secretly loitering around a building to overhear and repeat conversations in order to vex, annoy or injure others is a class A misdemeanor.

Knowingly giving a false report or false information to a law enforcement officer that may interfere with an investigation or materially mislead the officer, or falsely reporting a crime of violence or other emergency to a law enforcement or security official knowing it did not happen, is a class A misdemeanor (up to 360 days). Calling 911 or an emergency line to annoy or harass, or making a false report to a public safety agency, is harassment, a class A misdemeanor (up to 360 days), and the caller is liable for the costs of any unnecessary emergency response. No separate swatting offense was found in these sections.

North Dakota has no general hate crime or bias penalty enhancement law; the sentencing chapter has no bias provision. The closest law is discrimination in public places: using force, threats or economic coercion to injure, intimidate or interfere with someone because of sex, race, color, religion or national origin and because they are using, or to keep them from using, a facility open to the public, a class B misdemeanor (up to 30 days). Interfering with someone's exercise of civil rights by force, threat or economic coercion is also a class B misdemeanor.

North Dakota has a parole board. When a parolee is alleged to have violated parole conditions, the director of the Department of Corrections and Rehabilitation may issue an arrest warrant, and the parole period stops running. The parolee gets a prompt preliminary hearing before a disinterested hearing officer to decide probable cause, then a final revocation hearing before the parole board, with written notice, the right to be heard and present witnesses, the right to confront adverse witnesses (unless that would risk harm to a witness), and a written decision. If the board finds a violation, it may order the parolee recommitted to serve all or part of the unserved sentence; a parolee who absconded may be ordered to pay the costs of return.

Since January 1, 2026, North Dakota's protection orders (domestic violence, sexual assault and disorderly conduct orders) are 'civil protection orders'. Once the restrained person has been served, a first violation is a class A misdemeanor (up to 360 days) and also contempt of court; after a conviction, a second or later violation is a class C felony (up to 5 years). Orders issued before 2026 under the older sections stay in effect for their stated period.

North Dakota uses transfer from juvenile court. The court must transfer a case for adult prosecution if a child over 16 asks for it, or if a child 14 or older is charged (with probable cause) with murder, attempted murder, or forcible gross sexual imposition or its attempt. Otherwise a child 14 or older may be transferred after a hearing if the court finds reasonable grounds that the child committed the act, is not amenable to treatment as a child, is not treatable in a mental health or disability institution, and the community's interests require it; 14- and 15-year-olds must also be accused of inflicting or threatening serious bodily harm. For manslaughter, aggravated assault, robbery, arson of an inhabited building, or a felony by a child with two prior felony adjudications, the child must prove amenability to treatment.

North Dakota has no state law that provides for the death penalty. Its offense classification law divides all offenses into seven classes, and the most severe, a Class AA felony, carries a maximum penalty of life imprisonment without parole (the court decides whether the life sentence allows parole; if it does, the person cannot be considered for parole for thirty years, less good-conduct credit). Murder is a Class AA felony.

A person sentenced to prison for a felony cannot vote (or run for or hold public office) only during the period of actual incarceration. People on probation or parole, and people who have finished their sentence, keep the right to vote; the sentence itself must state that voting rights are lost only during actual incarceration. The same rule applies to federal and out-of-state convictions, and a person present in North Dakota who was sentenced elsewhere is presumed to have had these rights restored. No application or waiting period is required.

Rights return automatically. Except as otherwise provided by law, a convicted person keeps all political and civil rights, including the right to vote and to hold public office, which are lost only during actual incarceration for a felony (a public office held at the time of sentencing is forfeited). Jury service is barred only for someone who has lost the right to vote because of imprisonment or is disqualified by a special provision of law. Firearms are restored by the passage of time: after a violent felony (under chapters 12.1-16 through 12.1-25), possession is banned for ten years after conviction or release from incarceration, parole or probation, whichever is latest; after other felonies (and certain violent class A misdemeanors involving a weapon), the ban lasts five years. Violating the firearm ban is a Class C felony.

North Dakota has a habitual offender law rather than a mandatory 'three strikes' rule. A court may impose an extended sentence on an adult convicted of a felony who has two prior felony convictions (anywhere in the U.S.) for crimes committed at different times as an adult; the same extension is available for dangerous special offenders (for example, persistent aggressive behavior, professional criminals, repeat life-endangering offenses, or use of a firearm or dangerous weapon). The extended maximum is life imprisonment for a Class A felony, 20 years for a Class B felony and 10 years for a Class C felony. The prosecutor must file notice before trial or plea, and a hearing is held before sentencing; prior convictions that are invalid or pardoned on grounds of innocence are disregarded.

Banned. A person may not sell hemp or hemp commodities or products that contain delta-8 THC or chemically derived cannabinoids (such as THC-O, HHC and THCP), and licensed hemp businesses may not convert CBD into delta-9, delta-8, delta-10 or other THC isomers. Allowed hemp products (such as CBD and CBG products) must be tested, with the total THC result shown on a certificate of analysis and on the label, and must stay within the THC level set by the agriculture commissioner (no higher than the federal limit). Other cannabis- or hemp-derived products that are not allowed hemp products are regulated under the medical marijuana chapter (19-24.1). A court may impose a civil penalty of up to $5,000 per violation of the hemp chapter.

Psilocybin and psilocyn are Schedule I controlled substances (an FDA-approved crystalline psilocybin drug, COMP360, is listed separately in Schedule IV). Willfully possessing a controlled substance without a prescription is a Class A misdemeanor for a first offense (up to 360 days) and a Class C felony (up to 5 years) for a second or later non-marijuana drug offense; possessing it on school property is a Class B felony. North Dakota law has no legal psilocybin program in the chapter read.

Plant kratom is legal for adults 21 and older but treated like tobacco: selling or furnishing kratom to anyone under 21 is an infraction, and buying, possessing or using it is a noncriminal offense for ages 18-20 and an infraction for ages 14-17. Concentrated 'kratom alkaloid derivatives' are Schedule I controlled substances: kratom plant material with more than 0.05 percent 7-hydroxymitragynine by dry weight, and synthetic or processed products (extracts, concentrates, edibles, pressed pills) with more than 0.05 percent or more than one milligram of 7-hydroxymitragynine. Possessing a kratom alkaloid derivative is an infraction for a first offense, a Class A misdemeanor for a second and a Class C felony for a third or later; ingesting one is an infraction for a first offense and a Class A misdemeanor after that.

Legal. North Dakota's hemp law lists CBD and CBG products (broad spectrum, full spectrum and isolate) as allowed hemp commodities or products, as long as total THC does not exceed the level set by the agriculture commissioner. They must be tested, with total THC reported on a certificate of analysis and the label, and must follow federal labeling rules; hemp-derived products not approved by the FDA may not be sold as dietary supplements, food or beverages, or marketed with medical claims. Products containing delta-8 THC or chemically derived cannabinoids may not be sold.

The minimum age is 21. Selling or furnishing cigarettes, any tobacco, electronic smoking devices (vapes), alternative nicotine products or kratom to anyone under 21 is an infraction (fine up to $1,000), as is selling them from a self-service display outside a tobacco specialty store. For the young person, buying, possessing or using these products is a noncriminal offense at ages 18-20 and an infraction at ages 14-17; using a fake ID to buy them is a noncriminal offense. Cities and counties may adopt stricter local rules.

North Dakota protects an 'eligible adult' (anyone at least 65, or a vulnerable adult as defined in 50-25.2-01). A caregiver who knowingly endangers an eligible adult's life or health, or knowingly fails to provide care needed to maintain life or health, causing harm or deterioration, commits a Class B felony (up to 10 years). Financial exploitation (taking or using an eligible adult's money or property through deception, intimidation or undue influence by someone in a position of trust or a business relationship, or from someone known to lack capacity) is a Class A felony over $50,000, Class B felony over $10,000 up to $50,000, Class C felony over $1,000 up to $10,000, and a Class A misdemeanor at $1,000 or less. Not knowing the victim's age is not a defense.

North Dakota calls this surreptitious intrusion. Secretly peeping into another's home, or into a tanning booth, hotel room or other place where a person would expect privacy and is or may be undressed, or secretly installing or using a device to watch or record there, with intent to arouse or gratify sexual desire, is a Class A misdemeanor (up to 360 days). It becomes a Class C felony (up to 5 years) after a prior conviction, if the person is already required to register as a sex offender, or if the victim is a minor. The same peeping or recording done to invade privacy without the sexual purpose is a Class B misdemeanor (up to 30 days).

Simple assault (willfully causing bodily injury) is normally a Class B misdemeanor (up to 30 days), but it is a Class C felony (up to 5 years) when the victim is a peace officer or correctional employee acting in an official capacity, which the attacker knows; the same applies to firefighters, EMS personnel, emergency department and hospital workers giving essential patient care, people in a judicial proceeding, and certain state hospital employees. Aggravated assault (such as causing serious bodily injury or using a dangerous weapon) is normally a Class C felony but becomes a Class B felony (up to 10 years) when the victim is a peace officer or correctional employee acting in an official capacity.