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Legal Statutes: North Dakota

UPDATED December 17, 2015

North Dakota Statutes

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Chapter 12.1-17. Assaults--Threats--Coercion--Harassment

back to top12.1-17-01. Simple assault

1. A person is guilty of an offense if that person:

a. Willfully causes bodily injury to another human being; or

b. Negligently causes bodily injury to another human being by means of a firearm, destructive device, or other weapon, the use of which against a human being is 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 employee acting in an official capacity, which the actor knows to be a fact; an employee of the state hospital acting in the course and scope of employment, which the actor knows to be a fact, and the actor is an individual committed to or detained at the state hospital pursuant to chapter 25-03.3; a person engaged in a judicial proceeding; or a member of a municipal or volunteer fire department or emergency medical services personnel unit or emergency 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 or household member as defined in subsection 4 of section 14-07.1-01 and a class A misdemeanor for a second or subsequent offense when the victim is an actor's family or household member as defined in subsection 4 of section 14-07.1-01 and the actor has a prior conviction for simple assault under this section or an assault offense under section 12.1-17-01.1 or 12.1-17-02 involving the commission of domestic violence as defined in subsection 2 of section 14-07.1-01. For purposes of this subdivision, a prior conviction includes a conviction of any assault offense in which a finding of domestic violence was made under a law or ordinance of another state which is equivalent to this subdivision.

c. A class B misdemeanor except as provided in subdivision a or b.

S.L. 1973, ch. 116, § 17; S.L. 1975, ch. 116, § 15; S.L. 1979, ch. 178, § 1; S.L. 1993, ch. 119, § 1; S.L. 1997, ch. 121, § 1; S.L. 2001, ch. 133, §§ 1, 2; S.L. 2003, ch. 105, § 1; S.L. 2005, ch. 114, § 1; S.L. 2009, ch. 129, § 1, eff. Aug. 1, 2009.