1.    A public servant is guilty of a class A misdemeanor if he solicits, accepts, or agrees to accept a thing of pecuniary value from nongovernmental sources:

Attorney's Note

Under the North Dakota Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
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 12.1-12-03

  • action: means a bodily movement, whether voluntary or involuntary. See North Dakota Code 12.1-01-04
  • Contract: A legal written agreement that becomes binding when signed.
  • Official action: includes a decision, opinion, recommendation, vote, or other exercise of discretion by any government agency. 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
  • Public servant: as used in this title and in any statute outside this title which defines an offense means any officer or employee of government, including law enforcement officers, whether elected or appointed, and any person participating in the performance of a governmental function. See North Dakota Code 12.1-01-04
  • thing of pecuniary value: means a thing of value in the form of money, tangible or intangible property, commercial interests, or anything else the primary significance of which is economic gain to the recipient. See North Dakota Code 12.1-01-04

a.    As compensation for advice or other assistance in preparing or promoting a bill, contract, claim, or other matter which is or is likely to be subject to his official action; b.    As compensation for omitting or delaying official action; or

c.    As a fee or compensation for services not rendered or to which he was not legally entitled.

2.    A person is guilty of a class A misdemeanor if he knowingly offers, gives, or agrees to give a thing of pecuniary value to a public servant, receipt of which is prohibited by this section.