North Dakota Code 12.1-41-08 – Aggravating circumstance
Current as of: 2023 | Check for updates
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1. An aggravating circumstance during the commission of an offense under section 12.1-41-02, 12.1-41-03, or 12.1-41-04 occurs when the defendant recruited, enticed, or obtained the victim of the offense from a shelter that serves individuals subjected to human trafficking, domestic violence, or sexual assault, runaway youth, foster children, or the homeless.
Terms Used In North Dakota Code 12.1-41-08
- children: includes children by birth and by adoption. See North Dakota Code 1-01-18
- 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
2. If the trier of fact finds that an aggravating circumstance occurred during the commission of an offense under section 12.1-41-02, 12.1-41-03, or 12.1-41-04, the defendant may be imprisoned for up to five years in addition to the period of imprisonment prescribed for the offense.