North Dakota Code 54-03.2-15 – Penalties
A person guilty of contempt under section 54-03.2-14 is guilty of a class B misdemeanor, or if tried to the legislative assembly, or an appropriate house thereof, the legislative assembly or the appropriate house may impose such punishment as it deems appropriate, in the exercise of its inherent powers.
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 B misdemeanor | up to 30 days | up to $1,500 |
Terms Used In North Dakota Code 54-03.2-15
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Subpoena: A command to a witness to appear and give testimony.
- Subpoena duces tecum: A command to a witness to produce documents.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
If any investigating committee fails in any material respect to comply with the requirements of this code, any person subject to a subpoena or a subpoena duces tecum who is injured by such failure is relieved of any requirement to attend the hearing for which the subpoena was issued or, if present, to testify or produce evidence therein; and such failure is a complete defense in any proceeding against such person for contempt or other punishment.
Any person other than the witness concerned or that person’s counsel who violates subsection 7 or 8 of section 54-03.2-12 is guilty of a class B misdemeanor. The attorney general, on the attorney general’s own motion or on the application of any person claiming to have been injured or prejudiced by an unauthorized disclosure, may institute proceedings for trial of the issue and imposition of the penalties provided herein. Nothing in this section limits any power which the legislative assembly or either house thereof may have to discipline a member or employee or to impose a penalty in the absence of action by a prosecuting officer or court.