1.    A person is guilty of an offense if, believing an official proceeding is pending or about to be instituted, or believing process, demand, or order has been issued or is about to be issued, he alters, destroys, mutilates, conceals, or removes a record, document, or thing with intent to impair its verity or availability in such official proceeding or for the purposes of such process, demand, or order.

Attorney's Note

Under the North Dakota Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
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 12.1-09-03

  • Actor: includes , where relevant, a person guilty of an omission. See North Dakota Code 12.1-01-04
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • 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
  • Official proceeding: means a proceeding heard or which may be heard before any government agency or branch or public servant authorized to take evidence under oath, including any referee, hearing examiner, commissioner, notary, or other person taking testimony or a deposition in connection with any such proceeding. 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
  • Process: means a writ or summons issued in the course of judicial proceedings. See North Dakota Code 1-01-49

2.    The offense is a class C felony if the actor substantially obstructs, impairs, or perverts prosecution for a felony. Otherwise it is a class A misdemeanor.

3.    In this section, “process, demand, or order” means process, demand, or order authorized by law for the seizure, production, copying, discovery, or examination of a record, document, or thing.