§ 12.1-05-01 Justification
§ 12.1-05-02 Execution of public duty
§ 12.1-05-03 Self-defense
§ 12.1-05-04 Defense of others
§ 12.1-05-05 Use of force by persons with parental, custodial, or similar responsibilities
§ 12.1-05-06 Use of force in defense of premises and property
§ 12.1-05-07 Limits on the use of force – Excessive force – Deadly force
§ 12.1-05-07.1 Use of deadly force – Presumption of fear of death or serious bodily injury
§ 12.1-05-07.2 Immunity from civil liability for justifiable use of force
§ 12.1-05-08 Excuse
§ 12.1-05-09 Mistake of law
§ 12.1-05-10 Duress
§ 12.1-05-11 Entrapment
§ 12.1-05-12 Definitions

Terms Used In North Dakota Code > Chapter 12.1-05 - Justification - Excuse - Affirmative Defenses

  • 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
  • Arrest: Taking physical custody of a person by lawful authority.
  • Bodily injury: means any impairment of physical condition, including physical pain. See North Dakota Code 12.1-01-04
  • Court: means any of the following courts: the supreme court, a district court, and where relevant, a municipal court. See North Dakota Code 12.1-01-04
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • 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.
  • Explosive: means gunpowders, powders used for blasting, all forms of high explosives, blasting materials, fuses (other than electric circuit breakers), detonators and other detonating agents, smokeless powders, and any chemical compounds, mechanical mixture, or other ingredients in such proportions, quantities, or packing that ignition by fire, by friction, by concussion, by percussion, or by detonation of the compound, or material, or any part thereof may cause an explosion. See North Dakota Code 12.1-01-04
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
  • Force: means physical action. See North Dakota Code 12.1-01-04
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • 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.
  • Local: means of or pertaining to any political subdivision of the state. See North Dakota Code 12.1-01-04
  • 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
  • person: includes , where relevant, a corporation, limited liability company, partnership, unincorporated association, or other legal entity. See North Dakota Code 12.1-01-04
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Process: means a writ or summons issued in the course of judicial proceedings. See North Dakota Code 1-01-49
  • Property: includes property, real and personal. See North Dakota Code 1-01-49
  • 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
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Serious bodily injury: means bodily injury that creates a substantial risk of death or which causes serious permanent disfigurement, unconsciousness, extreme pain, permanent loss or impairment of the function of any bodily member or organ, a bone fracture, or impediment of air flow or blood flow to the brain or lungs. See North Dakota Code 12.1-01-04
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
  • Statute: A law passed by a legislature.
  • United States: includes the District of Columbia and the territories. See North Dakota Code 1-01-49
  • written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37