12.1-22 Robbery - Breaking and Entering Offenses
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<![CDATA[CHAPTER 12.1-22ROBBERY - BREAKING AND ENTERING OFFENSES12.1-22-01. Robbery.1.A person is guilty of robbery if, in the course of committing a theft, he inflicts or<br>attempts to inflict bodily injury upon another or threatens or menaces another with<br>imminent bodily injury.2.Robbery is a class A felony if the actor fires a firearm or explodes or hurls a<br>destructive device or directs the force of any other dangerous weapon against<br>another. Robbery is a class B felony if the robber possesses or pretends to possess<br>a firearm, destructive device, or other dangerous weapon, or menaces another with<br>serious bodily injury, or inflicts bodily injury upon another, or is aided by an<br>accomplice actually present. Otherwise robbery is a class C felony.3.In this section:a.An act shall be deemed "in the course of committing a theft" if it occurs in an<br>attempt to commit theft, whether or not the theft is successfully completed, or in<br>immediate flight from the commission of, or an unsuccessful effort to commit,<br>the theft.b."Dangerous weapon" means a weapon defined in subsection 6 of section<br>12.1-01-04 or a weapon the possession of which under the circumstances<br>indicates an intent or readiness to inflict serious bodily injury.12.1-22-02. Burglary.1.A person is guilty of burglary if he willfully enters or surreptitiously remains in a<br>building or occupied structure, or a separately secured or occupied portion thereof,<br>when at the time the premises are not open to the public and the actor is not<br>licensed, invited, or otherwise privileged to enter or remain as the case may be, with<br>intent to commit a crime therein.2.Burglary is a class B felony if:a.The offense is committed at night and is knowingly perpetrated in the dwelling<br>of another; orb.In effecting entry or while in the premises or in immediate flight therefrom, the<br>actor inflicts or attempts to inflict bodily injury or physical restraint on another, or<br>menaces another with imminent serious bodily injury, or is armed with a<br>firearm, destructive device, or other weapon the possession of which under the<br>circumstances indicates an intent or readiness to inflict serious bodily injury.Otherwise burglary is a class C felony.12.1-22-03. Criminal trespass.1.An individual is guilty of a class C felony if, knowing that that individual is not<br>licensed or privileged to do so, the individual enters or remains in a dwelling or in<br>highly secured premises.2.An individual is guilty of a class A misdemeanor if, knowing that that individual is not<br>licensed or privileged to do so, the individual:Page No. 1a.Enters or remains in or on any building, occupied structure, or storage<br>structure, or separately secured or occupied portion thereof; orb.Enters or remains in any place so enclosed as manifestly to exclude intruders.3.An individual is guilty of a class B misdemeanor if, knowing that that individual is not<br>licensed or privileged to do so, the individual enters or remains in any place as to<br>which notice against trespass is given by actual communication to the actor by the<br>individual in charge of the premises or other authorized individual or by posting in a<br>manner reasonably likely to come to the attention of intruders. The name of the<br>person posting the premises must appear on each sign in legible characters. An<br>individual who violates this subsection is guilty of a class A misdemeanor for the<br>second or subsequent offense within a two-year period.4.An individual is guilty of a class B misdemeanor if that individual remains upon the<br>property of another after being requested to leave the property by a duly authorized<br>individual.An individual who violates this subsection is guilty of a class Amisdemeanor for the second or subsequent offense within a two-year period.5.This section does not apply to a peace officer in the course of discharging the peace<br>officer's official duties.12.1-22-03.1. Surreptitious intrusion. Repealed by S.L. 2001, ch. 134, </p>
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