Page:2017 North Dakota Session Laws.pdf/534

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Chapter 103
Criminal Code

CHAPTER 103

HOUSE BILL NO. 1426

(Representatives Porter, Kempenich, Rohr, Schmidt)

(Senator Schaible)

AN ACT to amend and reenact subsection 4 of section 12.1-25-01, subsection 1 of section 12.1-25-02, subsection 1 of section 12.1-25-03, and section 12.1-25-04 of the North Dakota Century Code, relating to riot offenses; and to declare an emergency.

BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:

SECTION 1. AMENDMENT. Subsection 4 of section 12.1-25-01 of the North Dakota Century Code is amended and reenacted as follows:

4. The offense is a class CB felony if it is under subdivision b of subsection 1 andor the riot involves one hundred or more persons. Otherwise it is a class A misdemeanorC felony.

SECTION 2. AMENDMENT. Subsection 1 of section 12.1-25-02 of the North Dakota Century Code is amended and reenacted as follows:

1. A person is guilty of a class CB felony if hethe person:

a. Knowingly supplies a firearm, dangerous weapon, or destructive device for use in a riot;

b. Teaches another to prepare or use a firearm, dangerous weapon, or destructive device with intent that any such thing be used in a riot; or

c. While engaging in a riot, is knowingly armed with a firearm, dangerous weapon, or destructive device.

SECTION 3. AMENDMENT. Subsection 1 of section 12.1-25-03 of the North Dakota Century Code is amended and reenacted as follows:

1. A person is guilty of a class BA misdemeanor if hethe person engages in a riot, as defined in section 12.1-25-01.

SECTION 4. AMENDMENT. Section 12.1-25-04 of the North Dakota Century Code is amended and reenacted as follows:

12.1-25-04. Disobedience of public safety orders under riot conditions.

A person is guilty of a class BA misdemeanor if, during a riot as defined in section 12.1-25-01, or when one is immediately impending, hethe person disobeys a reasonable public safety order to move, disperse, or refrain from specified activities in the immediate vicinity of the riot. A public safety order is an order designed to prevent or control disorder, or promote the safety of persons or property, issued by the senior law enforcement official on the scene.