All Laws Decoded

The Death Penalty in North Dakota

How North Dakota law treats death penalty, from the state code and official state agencies.

Short answer: 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… N.D.C.C. 12.1-32-01(1); N.D.C.C. 12.1-16-01(1)

Death penaltyNorth 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.
Reviewed chapter 12.1-32 (Penalties and Sentencing) on 2026-10-28; no provision for a death sentence found. Murder: https://www.ndlegis.gov/cencode/t12-1c16.pdf

More North Dakota criminal law

FAQ

Does North Dakota have the death penalty?
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.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.