or other state of mind only if the representation clearly relates to state of mind apart from or in addition to any facts which are the subject of the representation.
12.1-11-05. TAMPERING WITH PUBLIC RECORDS.) 1. A person is guilty of an offense if he:
a. Knowingly makes a false entry in or false alteration of a government record; or
b. Knowingly, without lawful authority, destroys, conceals, removes, or otherwise impairs the verity or availability of a government record; or
2. The offense is:
a. A class C felony if committed by a public servant who has custody of the government record; and
b. A class A misdemeanor if committed by any other person.
3. In this section "government record" means:
a. Any record, document, or thing belonging to, or received or kept by the government for information or record; and
b. Any other record, document, or thing required to be kept by law, pursuant, in fact, to a statute which expressly invokes the sanctions of this section.
12.1-11-06. PUBLIC SERVANT REFUSING TO PERFORM DUTY.) Any public servant who knowingly refuses or neglects to perform any duty imposed upon him by law is guilty of a class A misdemeanor.
SECTION 12.) Chapter 12.1-12 of the North Dakota Century Code is hereby created and enacted to read as follows:
12.1-12-01 BRIBERY.) 1. A person is guilty of bribery, a class C felony, if he knowingly offers, gives, or agrees to give to another, or solicits, accepts, or agrees to accept from another, a thing of value as consideration for:
a. The recipient's official action as a public servant; or
b. The recipient's violation of a known legal duty as a public servant.
2. It is no defense to a prosecution under this section that a recipient was not qualified to act in the desired way whether because he had not yet assumed office, or lacked jurisdiction, or for any other reason.
3. A prime facie case is established under this section upon proof that the actor knew that a thing of pecuniary value was offered,