In this chapter:

Have a question?
Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In North Dakota Code 12.1-05-12

  • action: means a bodily movement, whether voluntary or involuntary. See North Dakota Code 12.1-01-04
  • Actor: includes , where relevant, a person guilty of an omission. See North Dakota Code 12.1-01-04
  • Bodily injury: means any impairment of physical condition, including physical pain. See North Dakota Code 12.1-01-04
  • Force: means physical action. See North Dakota Code 12.1-01-04
  • person: includes , where relevant, a corporation, limited liability company, partnership, unincorporated association, or other legal entity. See North Dakota Code 12.1-01-04
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Serious bodily injury: means bodily injury that creates a substantial risk of death or which causes serious permanent disfigurement, unconsciousness, extreme pain, permanent loss or impairment of the function of any bodily member or organ, a bone fracture, or impediment of air flow or blood flow to the brain or lungs. See North Dakota Code 12.1-01-04

1.    “Deadly force” means force which a person uses with the intent of causing, or which he knows creates a substantial risk of causing, death or serious bodily injury. A threat to cause death or serious bodily injury, by the production of a weapon or otherwise, so long as the actor‘s intent is limited to creating an apprehension that he will use deadly force if necessary, does not constitute deadly force.

2.    “Dwelling” means any building or structure, though movable or temporary, or a portion thereof, which is for the time being a person’s home or place of lodging.

3.    “Force” means physical action, threat, or menace against another, and includes confinement.

     4.    “Premises” means all or any part of a building or real property, or any structure, vehicle, or watercraft used for overnight lodging of persons, or used by persons for carrying on business therein.