North Dakota Code 12.1-34-01 – Definitions
In this chapter, unless the context or subject matter otherwise requires:
Terms Used In North Dakota Code 12.1-34-01
- action: means a bodily movement, whether voluntary or involuntary. See North Dakota Code 12.1-01-04
- Conviction: A judgement of guilt against a criminal defendant.
- Court: means any of the following courts: the supreme court, a district court, and where relevant, a municipal court. See North Dakota Code 12.1-01-04
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Force: means physical action. See North Dakota Code 12.1-01-04
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Harm: means loss, disadvantage, or injury to the person affected, and includes loss, disadvantage, or injury to any other person in whose welfare the person affected is interested. See North Dakota Code 12.1-01-04
- Penitentiary: includes any affiliated facilities. See North Dakota Code 1-01-49
- person: includes , where relevant, a corporation, limited liability company, partnership, unincorporated association, or other legal entity. See North Dakota Code 12.1-01-04
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
1. “Court” means a forum established by law for the adjudication of juvenile petitions, criminal complaints, informations, or indictments.
2. “Crime” includes all felony offenses; class A misdemeanors, excluding violations of section 6-08-16.1 for no-account checks; all violations of chapters 12.1-17 and 12.1-20, including all corresponding violations of municipal ordinances; and any of the offenses in this subsection that may result in adjudication of delinquency.
3. “Crime of violence” means any crime in which force, as defined by section 12.1-01-04, or threat of force was used against the victim.
4. “Custodial authority” includes city jail, county jail, juvenile detention center, regional corrections center, halfway house, state penitentiary or Missouri River correctional center, state hospital, or any other inpatient mental health or treatment facility to which a criminal defendant may be sentenced or referred.
5. “Disposition” means the sentencing or determination of penalty or punishment to be imposed upon a person convicted of a crime or found delinquent or against whom a finding of sufficient facts for conviction or finding of delinquency is made.
6. “Family member” includes a spouse, child, sibling, parent, grandparent, grandchild, legal guardian, or custodian of a victim, and any person with a relationship to the victim which is substantially similar to a relationship specified in this section.
7. “Prosecuting attorney” includes city attorney, state’s attorney, attorney general, or their assistants.
8. “Registered victim” or “registered witness” means a victim or witness registered with the statewide automated victim information and notification system.
9. “System” means the statewide automated victim information and notification system.
10. “Victim” means a person who suffers direct or threatened physical, financial, or psychological harm as the result of the commission or attempted commission of a crime or delinquent act or against whom the crime or delinquent act is committed. The term “victim” does not include the accused or a person whom the court finds would not act in the best interests of a deceased, incompetent, minor, or incapacitated victim.
11. “Witness” means any person who has been or is expected to be summoned to testify for the prosecution whether or not any action or proceeding has yet been commenced.