12.1-01 Application - Purposes - Proof - Definitions
Download pdf
Loading PDF...
<![CDATA[TITLE 12.1CRIMINAL CODECHAPTER 12.1-01APPLICATION - PURPOSES - PROOF - DEFINITIONS12.1-01-01. Title - Retroactivity - Application - Contempt power.1.Title 12.1 of the Century Code may be cited as the North Dakota Criminal Code.2.This title, except as provided in subsection 3, shall not apply to offenses committed<br>prior to its effective date. Prosecutions for such offenses shall be governed by prior<br>law, which is continued in effect for that purpose. For the purposes of this section,<br>an offense was committed prior to the effective date of this title if any of the<br>elements of the offense occurred prior thereto.3.In cases pending on or after the effective date of this title, and involving offenses<br>committed prior thereto:a.The provisions of this title according a defense or mitigation shall apply, with<br>the consent of the defendant.b.The court, with the consent of the defendant, may impose sentence under the<br>provisions of this title which are applicable to the offense and the offender.4.This section does not affect the power of a court or legislative assembly to punish for<br>contempt, or to employ any enforcement sanction authorized by law, nor does this<br>section affect any power conferred by law upon military authority to impose<br>punishment upon offenders.12.1-01-02. General purposes. The general purposes of this title are to establish asystem of prohibitions, penalties, and correctional measures to deal with conduct that<br>unjustifiably and inexcusably causes or threatens harm to those individual or public interests for<br>which governmental protection is appropriate.To this end, the provisions of this title areintended, and shall be construed, to achieve the following objectives:1.To ensure the public safety through: a. vindication of public norms by the imposition<br>of merited punishment; b. the deterrent influence of the penalties hereinafter<br>provided; c. the rehabilitation of those convicted of violations of this title; and d. such<br>confinement as may be necessary to prevent likely recurrence of serious criminal<br>behavior.2.By definition and grading of offenses, to define the limits and systematize the<br>exercise of discretion in punishment and to give fair warning of what is prohibited<br>and of the consequences of violation.3.To prescribe penalties which are proportionate to the seriousness of offenses and<br>which permit recognition of differences in rehabilitation possibilities among individual<br>offenders.4.To safeguard conduct that is without guilt from condemnation as criminal and to<br>condemn conduct that is with guilt as criminal.5.To prevent arbitrary or oppressive treatment of persons accused or convicted of<br>offenses.6.To define the scope of state interest in law enforcement against specific offenses<br>and to systematize the exercise of state criminal jurisdiction.Page No. 112.1-01-03. Proof and presumptions.1.No person may be convicted of an offense unless each element of the offense is<br>proved beyond a reasonable doubt. An accused is presumed innocent until proven<br>guilty. The fact that the accused has been arrested, confined, or charged with the<br>offense gives rise to no inference of guilt at the accused's trial. "Element of an<br>offense" means:a.The forbidden conduct;b.The attendant circumstances specified in the definition and grading of the<br>offense;c.The required culpability;d.Any required result; ande.The nonexistence of a defense as to which there is evidence in the case<br>sufficient to give rise to a reasonable doubt on the issue.2.Subsection 1 does not require negating a defense:a.By allegation in the charging document; orb.By proof, unless the issue is in the case as a result of evidence sufficient to<br>raise a reasonable doubt on the issue.Unless it is otherwise provided or the context plainly requires otherwise, if a statute<br>outside this title defining an offense, or a related statute, or a rule or regulation<br>thereunder, contains a provision constituting an exception from criminal liability for<br>conduct which would otherwise be included within the prohibition of the offense, that<br>the defendant came within such exception is a defense.3.Subsection 1 does not apply to any defense which is explicitly designated an<br>"affirmative defense". An affirmative defense must be proved by the defendant by a<br>preponderance of evidence.4.When a statute establishes a presumption, it has the following consequences:a.If there is sufficient evidence of the facts which gave rise to the presumption,<br>the presumed fact is deemed sufficiently proved to warrant submission of the<br>issue to a jury unless the court is satisfied that the evidence as a whole clearly<br>negates the presumed fact.b.In submitting the issue of the existence of the presumed fact to a jury, the court<br>shall charge that, although the evidence as a whole must establish the<br>presumed fact beyond a reasonable doubt, the jury may arrive at that judgment<br>on the basis of the presumption alone, since the law regards the facts giving<br>rise to the presumption as strong evidence of the fact presumed.5.When a statute declares that given facts constitute a prima facie case, proof of such<br>facts warrants submission of a case to the jury with the usual instructions on burden<br>of proof and without additional instructions attributing any special probative force to<br>the facts proved.12.1-01-04. General definitions. As used in this title, unless a different meaning plainlyis required:1."Act" or "action" means a bodily movement, whether voluntary or involuntary.Page No. 22."Acted", "acts", and "actions" include, where relevant, "omitted to act" and<br>"omissions to act".3."Actor" includes, where relevant, a person guilty of an omission.4."Bodily injury" means any impairment of physical condition, including physical pain.5."Court" means any of the following courts: the supreme court, a district court, and<br>where relevant, a municipal court.6."Dangerous weapon" means, but is not limited to, any switchblade or gravity knife,<br>machete, scimitar, stiletto, sword, or dagger; any billy, blackjack, sap, bludgeon,<br>cudgel, metal knuckles, or sand club; any slungshot; any bow and arrow, crossbow,<br>or spear; any weapon which will expel, or is readily capable of expelling, a projectile<br>by the action of a spring, compressed air, or compressed gas including any such<br>weapon, loaded or unloaded, commonly referred to as a BB gun, air rifle, or CO2gun; and any projector of a bomb or any object containing or capable of producing<br>and emitting any noxious liquid, gas, or substance.7."Destructive device" means any explosive, incendiary or poison gas bomb, grenade,<br>mine, rocket, missile, or similar device.8."Explosive" means gunpowders, powders used for blasting, all forms of high<br>explosives, blasting materials, fuses (other than electric circuit breakers), detonators<br>and other detonating agents, smokeless powders, and any chemical compounds,<br>mechanical mixture, or other ingredients in such proportions, quantities, or packing<br>that ignition by fire, by friction, by concussion, by percussion, or by detonation of the<br>compound, or material, or any part thereof may cause an explosion.9.Repealed by S.L. 1975, ch. 116, </p>
<BR></DIV><!-- /.col.one --><!-- /.col.two --></DIV><!-- /.col.main --></DIV><!-- /div id = content -->
<BR class=clear></DIV>
<!-- /div id = livearea -->
<DIV></DIV><!-- /.col.one -->
<DIV></DIV><!-- /.col.main -->
<DIV></DIV><!-- /#content --><BR class=clear>
<DIV></DIV><!-- /#livearea -->
<!-- Footer-->
<DIV id=footer>
<DIV class=container>
<P class=copyright>Copyright © 2012-2022 Laws9.Com All rights reserved. </P><!-- /.copyright -->
<P class=footerlinks><A
href="/contactus.html">Contact Us</A> | <A href="/aboutus.html">About Us</A> | <A
href="/terms.html">Terms</A> | <A
href="/privacy.html">Privacy</A></P><!-- /.footerlinks -->
</DIV><!-- /.container -->
</DIV><!-- /footer -->
</BODY></HTML>
]]>