1.    An individual is guilty of a class C felony if, knowing that that individual is not licensed or privileged to do so, the individual enters or remains in a dwelling or in highly secured premises.

Terms Used In North Dakota Code 12.1-22-03

  • Actor: includes , where relevant, a person guilty of an omission. See North Dakota Code 12.1-01-04
  • felony: A crime carrying a penalty of more than a year in prison.
  • Individual: means a human being. See North Dakota Code 1-01-49
  • misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • 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
  • peace officer: means a public servant authorized by law or by a government agency or branch to enforce the law and to conduct or engage in investigations or prosecutions for violations of law. 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
  • Property: includes both real and personal property. See North Dakota Code 12.1-01-04
  • year: means twelve consecutive months. See North Dakota Code 1-01-33

2.    An individual is guilty of a class A misdemeanor if, knowing that that individual is not licensed or privileged to do so, the individual:

a.    Enters or remains in or on any building, occupied structure, or storage structure, or separately secured or occupied portion thereof; or

b.    Enters or remains in any place so enclosed as manifestly to exclude intruders.

3.    An individual is guilty of a class B misdemeanor if, knowing that that individual is not licensed or privileged to do so, the individual enters or remains in any place as to which notice against trespass is given by actual communication to the actor by the individual in charge of the premises or other authorized individual or by posting in a manner reasonably likely to come to the attention of intruders. The name of the person posting the premises must appear on each sign in legible characters. An individual who violates this subsection is guilty of a class A misdemeanor for the second or subsequent offense within a two-year period.

4.    An individual is guilty of a class B misdemeanor if that individual remains upon the property of another after being requested to leave the property by a duly authorized individual. An individual who violates this subsection is guilty of a class A misdemeanor for the second or subsequent offense within a two-year period.

5.    This section does not apply to a peace officer in the course of discharging the peace officer’s official duties.