1.    A person is guilty of criminal facilitation if he knowingly provides substantial assistance to a person intending to commit a felony and that person, in fact, commits the crime contemplated, or a like or related felony, employing the assistance so provided. The ready lawful availability from others of the goods or services provided by a defendant is a factor to be considered in determining whether or not his assistance was substantial. This section does not apply to a person who is either expressly or by implication made not accountable by the statute defining the felony facilitated or related statutes.

Attorney's Note

Under the North Dakota Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class A felonyup to 20 yearsup to $20,000
Class C felonyup to 5 yearsup to $10,000
Class A misdemeanorup to 360 daysup to $3,000
For details, see § 12.1-32-01

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Terms Used In North Dakota Code 12.1-06-02

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Offense: means conduct for which a term of imprisonment or a fine is authorized by statute after conviction. 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
  • Statute: A law passed by a legislature.

2.    Except as otherwise provided, it is no defense to a prosecution under this section that the person whose conduct the defendant facilitated has been acquitted, has not been prosecuted or convicted, has been convicted of a different offense, is immune from prosecution, or is otherwise not subject to justice.

3.    Facilitation of a class A felony is a class C felony. Facilitation of a class B or class C felony is a class A misdemeanor.