12.1-17 Assaults - Threats - Coercion - Harassment
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<![CDATA[CHAPTER 12.1-17ASSAULTS - THREATS - COERCION - HARASSMENT12.1-17-01. Simple assault.1.A person is guilty of an offense if that person:a.Willfully causes bodily injury to another human being; orb.Negligently causes bodily injury to another human being by means of a firearm,<br>destructive device, or other weapon, the use of which against a human being is<br>likely to cause death or serious bodily injury.2.The offense is:a.A class C felony when the victim is a peace officer or correctional institution<br>employee acting in an official capacity, which the actor knows to be a fact; an<br>employee of the state hospital acting in the course and scope of employment,<br>which the actor knows to be a fact, and the actor is an individual committed to<br>or detained at the state hospital pursuant to chapter 25-03.3; a person engaged<br>in a judicial proceeding; or a member of a municipal or volunteer fire<br>department or emergency medical services personnel unit or emergency<br>department worker in the performance of the member's duties.b.A class B misdemeanor for the first offense when the victim is an actor's family<br>or household member as defined in subsection 4 of section 14-07.1-01 and a<br>class A misdemeanor for a second or subsequent offense when the victim is an<br>actor's family or household member as defined in subsection 4 of section<br>14-07.1-01 and the actor has a prior conviction for simple assault under this<br>section or an assault offense under section 12.1-17-01.1 or 12.1-17-02<br>involving the commission of domestic violence as defined in subsection 2 of<br>section 14-07.1-01. For purposes of this subdivision, a prior conviction includes<br>a conviction of any assault offense in which a finding of domestic violence was<br>made under a law or ordinance of another state which is equivalent to this<br>subdivision.c.A class B misdemeanor except as provided in subdivision a or b.12.1-17-01.1. Assault. A person is guilty of a class A misdemeanor, except if the victimis under the age of twelve years in which case the offense is a class C felony, if that person:1.Willfully causes substantial bodily injury to another human being; or2.Negligently causes substantial bodily injury to another human being by means of a<br>firearm, destructive device, or other weapon, the use of which against a human<br>being is likely to cause death or serious bodily injury.12.1-17-02. Aggravated assault. A person is guilty of a class C felony, except if thevictim is under the age of twelve years or the victim suffers permanent loss or impairment of the<br>function of a bodily member or organ in which case the offense is a class B felony, if that person:1.Willfully causes serious bodily injury to another human being;2.Knowingly causes bodily injury or substantial bodily injury to another human being<br>with a dangerous weapon or other weapon, the possession of which under the<br>circumstances indicates an intent or readiness to inflict serious bodily injury;Page No. 13.Causes bodily injury or substantial bodily injury to another human being while<br>attempting to inflict serious bodily injury on any human being; or4.Fires a firearm or hurls a destructive device at another human being.12.1-17-03. Reckless endangerment. A person is guilty of an offense if he creates asubstantial risk of serious bodily injury or death to another. The offense is a class C felony if the<br>circumstances manifest his extreme indifference to the value of human life. Otherwise it is a<br>class A misdemeanor. There is risk within the meaning of this section if the potential for harm<br>exists, whether or not a particular person's safety is actually jeopardized.12.1-17-04. Terrorizing. A person is guilty of a class C felony if, with intent to placeanother human being in fear for that human being's or another's safety or to cause evacuation of<br>a building, place of assembly, or facility of public transportation, or otherwise to cause serious<br>disruption or public inconvenience, or in reckless disregard of the risk of causing such terror,<br>disruption, or inconvenience, the person:1.Threatens to commit any crime of violence or act dangerous to human life; or2.Falsely informs another that a situation dangerous to human life or commission of a<br>crime of violence is imminent knowing that the information is false.12.1-17-05. Menacing. A person is guilty of a class A misdemeanor if he knowinglyplaces or attempts to place another human being in fear by menacing him with imminent serious<br>bodily injury.12.1-17-06. Criminal coercion.1.A person is guilty of a class A misdemeanor if, with intent to compel another to<br>engage in or refrain from conduct, he threatens to:a.Commit any crime;b.Accuse anyone of a crime;c.Expose a secret or publicize an asserted fact, whether true or false, tending to<br>subject any person, living or deceased, to hatred, contempt, or ridicule, or to<br>impair another's credit or business repute; ord.Take or withhold official action as a public servant or cause a public servant to<br>take or withhold official action.2.It is an affirmative defense to a prosecution under this section that the actor<br>believed, whether or not mistakenly:a.That the primary purpose of the threat was to cause the other to conduct<br>himself in his own best interest; orb.That a purpose of the threat was to cause the other to desist from misbehavior,<br>engage in behavior from which he could not lawfully abstain, make good a<br>wrong done by him, or refrain from taking any action or responsibility for which<br>he was disqualified.12.1-17-07. Harassment.1.A person is guilty of an offense if, with intent to frighten or harass another, the<br>person:Page No. 2a.Communicates in writing or by telephone a threat to inflict injury on any person,<br>to any person's reputation, or to any property;b.Makes a telephone call anonymously or in offensively coarse language;c.Makes repeated telephone calls, whether or not a conversation ensues, with no<br>purpose of legitimate communication; ord.Communicates a falsehood in writing or by telephone and causes mental<br>anguish.2.The offense is a class A misdemeanor if it is under subdivision a of subsection 1 or<br>subsection 4. Otherwise it is a class B misdemeanor.3.Any offense defined herein and committed by use of a telephone may be deemed to<br>have been committed at either the place at which the telephone call or calls were<br>made or at the place where the telephone call or calls were received.4.A person who telephones a 911 emergency line with the intent to annoy or harass<br>another person or who makes a false 911 report is guilty of a class A misdemeanor.a.Intent to annoy or harass is established by proof of one or more calls with no<br>legitimate 911 purpose.b.Upon conviction of a violation of this subsection, a person is also liable for all<br>costs incurred by any unnecessary emergency response.5.Any offense defined herein is deemed communicated in writing if it is transmitted<br>electronically, by electronic mail, facsimile, or other similar means.12.1-17-07.1. Stalking.1.As used in this section:a."Course of conduct" means a pattern of conduct consisting of two or more acts<br>evidencing a continuity of purpose. The term does not include constitutionally<br>protected activity.b."Immediate family" means a spouse, parent, child, or sibling. The term also<br>includes any other individual who regularly resides in the household or who<br>within the prior six months regularly resided in the household.c."Stalk" means to engage in an intentional course of conduct directed at a<br>specific person which frightens, intimidates, or harasses that person, and that<br>serves no legitimate purpose. The course of conduct may be directed toward<br>that person or a member of that person's immediate family and must cause a<br>reasonable person to experience fear, intimidation, or harassment.2.No person may intentionally stalk another person.3.In any prosecution under this section, it is not a defense that the actor was not given<br>actual notice that the person did not want the actor to contact or follow the person;<br>nor is it a defense that the actor did not intend to frighten, intimidate, or harass the<br>person. An attempt to contact or follow a person after being given actual notice that<br>the person does not want to be contacted or followed is prima facie evidence that<br>the actor intends to stalk that person.Page No. 34.In any prosecution under this section, it is a defense that a private investigator<br>licensed under chapter 43-30 or a peace officer licensed under chapter 12-63 was<br>acting within the scope of employment.5.If a person claims to have been engaged in a constitutionally protected activity, the<br>court shall determine the validity of the claim as a matter of law and, if found valid,<br>shall exclude evidence of the activity.6.a.A person who violates this section is guilty of a class C felony if:(1)The person previously has been convicted of violating section<br>12.1-17-01,12.1-17-01.1,12.1-17-02,12.1-17-04,12.1-17-05,or12.1-17-07 or a similar offense in another state, involving the victim of the<br>stalking;(2)The stalking violates a court order issued under chapter 14-07.1<br>protecting the victim of the stalking, if the person had notice of the court<br>order; or(3)The person previously has been convicted of violating this section.b.If subdivision a does not apply, a person who violates this section is guilty of a<br>class A misdemeanor.12.1-17-08. Consent as a defense.1.When conduct is an offense because it causes or threatens bodily injury, consent to<br>such conduct or to the infliction of such injury by all persons injured or threatened by<br>the conduct is a defense if:a.Neither the injury inflicted nor the injury threatened is such as to jeopardize life<br>or seriously impair health;b.The conduct and the injury are reasonably foreseeable hazards of joint<br>participation in a lawful athletic contest or competitive sport; orc.The conduct and the injury are reasonably foreseeable hazards of an<br>occupation or profession or of medical or scientific experimentation conducted<br>by recognized methods, and the persons subjected to such conduct or injury,<br>having been made aware of the risks involved, consent to the performance of<br>the conduct or the infliction of the injury.2.Assent does not constitute consent, within the meaning of this section, if:a.It is given by a person who is legally incompetent to authorize the conduct<br>charged to constitute the offense and such incompetence is manifest or known<br>to the actor;b.It is given by a person who by reason of youth, mental disease or defect, or<br>intoxication is manifestly unable or known by the actor to be unable to make a<br>reasonable judgment as to the nature or harmfulness of the conduct charged to<br>constitute the offense; orc.It is induced by force, duress, or deception.12.1-17-09.Killing or injury oflaw enforcement support animal - Definition -Penalty.Page No. 41.A person is guilty of a class C felony and is subject to a civil penalty of up to ten<br>thousand dollars if that person willfully and unjustifiably kills, shoots, tortures,<br>torments, beats, kicks, strikes, mutilates, disables, or otherwise injures a law<br>enforcement support animal.2.A person is guilty of a class A misdemeanor and is subject to a civil penalty of up to<br>five thousand dollars if that person willfully:a.Harasses, taunts, or provokes a law enforcement support animal;b.Interferes with a law enforcement support animal while the animal is working; orc.Interferes with the individual handling the animal.3.For purposes of this section, "law enforcement support animal" means any animal<br>used by or on behalf of a law enforcement officer in the performance of the officer's<br>functions and duties, including crowd control, corrections, arson investigation, or<br>search and rescue, regardless of whether the animal is on or off duty.4.This section does not apply to a law enforcement officer or a veterinarian who<br>terminates the life of a law enforcement support animal to relieve the animal of<br>undue suffering and pain.12.1-17-10. Hazing - Penalty. A person is guilty of an offense when, in the course ofanother person's initiation into or affiliation with any organization, the person willfully engages in<br>conduct that creates a substantial risk of physical injury to that other person or a third person. As<br>used in this section, "conduct" means any treatment or forced physical activity that is likely to<br>adversely affect the physical health or safety of that other person or a third person, or which<br>subjects that other person or third person to extreme mental stress, and may include extended<br>deprivation of sleep or rest or extended isolation, whipping, beating, branding, forced<br>calisthenics, overexposure to the weather, and forced consumption of any food, liquor, beverage,<br>drug, or other substance. The offense is a class A misdemeanor if the actor's conduct causes<br>physical injury, otherwise the offense is a class B misdemeanor.12.1-17-11. Contact by bodily fluids or excrement.1.An individual is guilty of an offense if the individual causes blood, emesis,<br>excrement, mucus, saliva, semen, vaginal fluid, or urine to come in contact with:a.A law enforcement officer acting in the scope of employment;b.An employee of a correctional facility or the department of corrections and<br>rehabilitation acting in the scope of employment unless the employee does an<br>act within the scope of employment which requires or causes the contact;c.Any person lawfully present in a correctional facility who is not an inmate;d.Any person lawfully present in the penitentiary or an affiliated facility of the<br>penitentiary who is not an inmate; ore.Any person who is transporting an individual who is lawfully detained.2.Subsection 1 does not apply to a mentally ill person as defined in section 25-03.1-02<br>who has been detained pursuant to chapter 25-03.1.3.The offense is a class C felony if the individual knowingly causes the contact and is<br>a class A misdemeanor if the individual recklessly causes the contact.Page No. 512.1-17-12. Assault or homicide while fleeing peace officer. A person is guilty of aclass A felony if that person negligently causes the death of another or a class B felony if that<br>person negligently causes serious bodily injury to another while in violation of section 39-10-71.12.1-17-13. Mandated treatment of domestic violence offenders. The sentence foran offense under section 12.1-17-01, 12.1-17-01.1, 12.1-17-02, 12.1-17-03, 12.1-17-04, or<br>12.1-17-05 against an actor's family or household member, as defined in subsection 4 of section<br>14-07.1-01, must include an order to complete a domestic violence offender treatment program<br>unless the court makes written findings for the record explaining why such an order would be<br>inappropriate.Page No. 6Document Outlinechapter 12.1-17 assaults - threats - coercion - harassment]]>