North Dakota Code 12.1-12-06 – Threatening public servants
1. A person is guilty of a class C felony if that person threatens harm to a public servant with intent to influence the public servant’s official action as a public servant in a pending or prospective judicial or administrative proceeding held before the public servant, or with intent to influence the public servant to violate the public servant’s duty as a public servant.
Attorney's Note
Under the North Dakota Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class C felony | up to 5 years | up to $10,000 |
| Class A misdemeanor | up to 360 days | up to $3,000 |
Terms Used In North Dakota Code 12.1-12-06
- 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
- 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
- Individual: means a human being. See North Dakota Code 1-01-49
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lien: A claim against real or personal property in satisfaction of a debt.
- 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 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
2. A person is guilty of a class C felony if, with intent to influence another’s official action as a public servant, the person threatens:
a. To commit any crime or to do anything unlawful; b. To accuse anyone of a crime; or
c. To expose a secret or publicize an asserted fact, whether true or false, tending to subject any individual, living or deceased, to hatred, contempt, or ridicule, or to impair another’s credit or business repute.
3. a. A person is guilty of an offense if the person files any lien or encumbrance against real or personal property of a public servant if that person knows or has reason to know the lien or encumbrance is false or contains any materially false or fraudulent statement or representation.
b. An offense under this subsection is a class A misdemeanor, unless the person previously pled guilty or had been convicted under this subsection on two or more occasions, in which event the offense is a class C felony.
4. It is not a defense to a prosecution under this section that an individual whom the actor sought to influence was not qualified to act in the desired way whether because the individual had not yet assumed office, or lacked jurisdiction, or for any other reason.