12.1-08 Obstruction of Law Enforcement - Escape
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<![CDATA[CHAPTER 12.1-08OBSTRUCTION OF LAW ENFORCEMENT - ESCAPE12.1-08-01. Physical obstruction of government function.1.A person is guilty of a class A misdemeanor if he intentionally obstructs, impairs,<br>impedes, hinders, prevents, or perverts the administration of law or other<br>governmental function.2.This section does not apply to the conduct of a person obstructing arrest of himself,<br>but such conduct is subject to section 12.1-08-02. This section does apply to the<br>conduct of a person obstructing arrest of another.Inapplicability under thissubsection is a defense.3.It is a defense to a prosecution under this section that the administration of law or<br>other government function was not lawful, but it is no defense that the defendant<br>mistakenly believed that the administration of law or other government function was<br>not lawful.For the purposes of this subsection, the conduct of a public servantacting in good faith and under color of law in the execution of a warrant or other<br>process for arrest or search and seizure shall be deemed lawful.12.1-08-02. Preventing arrest or discharge of other duties.1.A person is guilty of a class A misdemeanor if, with intent to prevent a public servant<br>from effecting an arrest of himself or another for a misdemeanor or infraction, or<br>from discharging any other official duty, he creates a substantial risk of bodily injury<br>to the public servant or to anyone except himself, or employs means justifying or<br>requiring substantial force to overcome resistance to effecting the arrest or the<br>discharge of the duty. A person is guilty of a class C felony if, with intent to prevent<br>a public servant from effecting an arrest of himself or another for a class A, B, or C<br>felony, he creates a substantial risk of bodily injury to the public servant or to anyone<br>except himself, or employs means justifying or requiring substantial force to<br>overcome resistance to effecting such an arrest.2.It is a defense to a prosecution under this section that the public servant was not<br>acting lawfully, but it is no defense that the defendant mistakenly believed that the<br>public servant was not acting lawfully. A public servant executing a warrant or other<br>process in good faith and under color of law shall be deemed to be acting lawfully.12.1-08-03. Hindering law enforcement.1.A person is guilty of hindering law enforcement if he intentionally interferes with,<br>hinders, delays, or prevents the discovery, apprehension, prosecution, conviction, or<br>punishment of another for an offense by:a.Harboring or concealing the other;b.Providing the other with a weapon, money, transportation, disguise, or other<br>means of avoiding discovery or apprehension;c.Concealing, altering, mutilating, or destroying a document or thing, regardless<br>of its admissibility in evidence;d.Warning the other of impending discovery or apprehension other than in<br>connection with an effort to bring another into compliance with the law; ore.Giving false information or a false report to a law enforcement officer knowing<br>such information or report to be false.Page No. 12.Hindering law enforcement is a class C felony if the actor:a.Knows of the conduct of the other and such conduct constitutes a class AA,<br>class A, or class B felony; orb.Knows that the other has been charged with or convicted of a crime and such<br>crime is a class AA, class A, or class B felony.Otherwise hindering law enforcement is a class A misdemeanor.12.1-08-04. Aiding consummation of crime.1.A person is guilty of aiding consummation of crime if he intentionally aids another to<br>secrete, disguise, or convert the proceeds of a crime or otherwise profit from a<br>crime.2.Aiding consummation of a crime:a.Is a class C felony if the actor knows of the conduct of the other and such<br>conduct constitutes a class A or class B felony.b.Is a class A misdemeanor if the actor knows of the conduct of the other and<br>such conduct constitutes a class C felony or class A misdemeanor.Otherwise aiding consummation of a crime is a class B misdemeanor.12.1-08-05. Failure to appear after release - Bail jumping.1.A person is guilty of an offense if, after having been released upon condition or<br>undertaking that he will subsequently appear before a court or judicial officer as<br>required, he willfully fails to appear as required.2.The offense is a class C felony if the actor was released in connection with a charge<br>of felony or while awaiting sentence or pending appeal after conviction of any crime.<br>Otherwise it is a class A misdemeanor.12.1-08-06. Escape.1.A person is guilty of escape if, without lawful authority, the person removes or<br>attempts to remove himself from official detention or fails to return to official<br>detention following temporary leave granted for a specified purpose or limited period.<br>A person who is subject to official detention under this section is guilty of escape, if<br>while outside the state of North Dakota and without lawful authority, the person<br>removes or attempts to remove himself from official detention, or fails to return to<br>official detention following temporary leave granted for a specified purpose or limited<br>period, when at the time the person is in the legal custody of a warden of the<br>penitentiary, department of corrections and rehabilitation, or other competent<br>authority by virtue of a lawful commitment to official detention.2.Escape is a class B felony if the actor uses a firearm, destructive device, or other<br>dangerous weapon in effecting or attempting to effect the actor's removal from<br>official detention. Escape is a class C felony if:a.The actor uses any other force or threat of force against another in effecting or<br>attempting to effect the actor's removal from official detention; orb.The person escaping was in official detention by virtue of the person's arrest<br>for, or on charge of, a felony, or pursuant to the person's conviction of any<br>offense. Otherwise escape is a class A misdemeanor.Page No. 23.In this section:a."Conviction of an offense" does not include an adjudication of juvenile<br>delinquency.b."Official detention" means arrest, custody following surrender in lieu of arrest,<br>detention in any facility for custody of persons under charge or conviction of an<br>offense or alleged or found to be delinquent, detention under a law authorizing<br>civil commitment in lieu of criminal proceedings or authorizing such detention<br>while criminal proceedings are held in abeyance, detention for extradition,<br>home detention as authorized by chapter 12-67, or custody for purposes<br>incident to the foregoing, including transportation, medical diagnosis or<br>treatment, court appearances, work, and recreation, or being absent without<br>permission from any release granted while under custody of a sentence such<br>as work or education release, community confinement, or other temporary<br>leaves from a correctional or placement facility. "Official detention" does not<br>include supervision on probation or parole or constraint incidental to release.4.Irregularity in bringing about or maintaining detention, or lack of jurisdiction of the<br>committing or detaining authority, shall not be a defense to a prosecution under this<br>section if the escape is from the penitentiary or other facility used for official<br>detention or from detention pursuant to commitment by an official proceeding. In the<br>case of other detentions, irregularity or lack of jurisdiction shall be an affirmative<br>defense if:a.The escape involved no substantial risk of harm to the person or property of<br>anyone other than the detainee; orb.The detaining authority did not act in good faith under color of law.5.The jurisdiction of a violation of this section when the person is in the legal custody<br>of a warden of the penitentiary, the department of corrections and rehabilitation, or<br>other lawful authority is in the county where the violation occurred if the violation<br>occurred within this state, and is in Burleigh County or in the county in which the<br>order committing the person to official detention was entered if the violation occurred<br>outside this state.12.1-08-07. Public servants permitting escape. A public servant concerned in officialdetention pursuant to process issued by a court, judge, or magistrate is guilty of a class A<br>misdemeanor if he recklessly permits an escape and is guilty of a class B misdemeanor if he<br>negligently permits an escape. "Official detention" has the meaning prescribed in subsection 3 of<br>section 12.1-08-06.12.1-08-08. Inciting or leading riot in detention facilities.1.A person is guilty of a class C felony if, with intent to cause, continue, or enlarge a<br>riot, he solicits a group of five or more persons to engage in a riot in a facility used<br>for official detention or engages in conduct intended to serve as the beginning of or<br>signal for such riot, or participates in planning such riot, or, in the course of such riot,<br>issues commands or instructions in furtherance thereof.2.In this section:a."Official detention" has the meaning prescribed in subsection 3 of section<br>12.1-08-06.b."Riot" means a disturbance involving an assemblage of five or more persons<br>which by tumultuous and violent conduct creates grave danger of damage orPage No. 3injury to property or persons or substantially obstructs the operation of the<br>facility or other government function.12.1-08-09. Introducing or possessing contraband useful for escape.1.A person is guilty of a class C felony if he unlawfully provides an inmate of an official<br>detention facility with any tool, weapon, or other object which may be useful for<br>escape.Such person is guilty of a class B felony if the object is a firearm,destructive device, or other dangerous weapon.2.An inmate of an official detention facility is guilty of a class C felony if he unlawfully<br>procures, makes, or otherwise provides himself with, or has in his possession, any<br>tool, weapon, or other object which may be useful for escape. Such person is guilty<br>of a class B felony if the object is a firearm, destructive device, or other dangerous<br>weapon.3.In this section:a."Official detention" has the meaning prescribed in subsection 3 of section<br>12.1-08-06.b."Unlawfully" means surreptitiously or contrary to a statute or regulation, rule, or<br>order issued pursuant thereto.12.1-08-10. Harboring a runaway minor - Penalty. A person who willfully harbors arunaway minor with knowledge that the child is being sought by a law enforcement authority is<br>guilty of a class A misdemeanor.This section does not apply to a person who providestemporary sanctuary, not exceeding seventy-two hours, to a runaway minor who is seeking<br>refuge from a physically, sexually, or mentally abusive person. For the purposes of this section,<br>a "runaway minor" is an unemancipated minor who is voluntarily absent from the minor's home<br>without the consent of a minor's parent entitled to legal custody of the minor or legal guardian<br>with the intention of evading the direction or control of the parent or guardian. This section does<br>not apply to persons providing temporary sanctuary to minors accompanied by a parent or legal<br>guardian in a domestic violence shelter or safe home.12.1-08-11. Refusing to halt. Any person, other than the driver of a motor vehicle undersection 39-10-71, who willfully fails or refuses to stop or who otherwise flees or attempts to elude,<br>in any manner, a pursuing peace officer, when given a visual or audible signal to stop, is guilty of<br>a class B misdemeanor for a first or second offense and a class A misdemeanor for a<br>subsequent offense. A signal to stop complies with this section if the signal is perceptible to the<br>person and:1.If given from a vehicle, the signal is given by hand, voice, emergency light, or siren,<br>and the vehicle is appropriately marked showing it to be an official law enforcement<br>vehicle; or2.If not given from a vehicle, the signal is given by hand, voice, emergency light, or<br>siren, and the officer is in uniform and prominently displays the officer's badge of<br>office.Page No. 4Document Outlinechapter 12.1-08 obstruction of law enforcement - escape]]>