23.0940.01000
     Sixty-eighth
     Legislative Assembly                     HOUSE BILL NO. 1378
     of North Dakota
     Introduced by
       Representatives Schauer, Beltz, Christy, Grueneich, Heinert, Strinden, Wagner
       Senators Dever, Lee, Sorvaag, Wanzek
1    A BILL for an Act to create and enact a new subdivision to subsection 3 of section 12.1-23-05 of
2    the North Dakota Century Code, relating to grading of theft offenses; to amend and reenact
3    section 12.1-21-05 of the North Dakota Century Code, relating to criminal mischief; and to
4    provide a penalty.
5    BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
6        SECTION 1. AMENDMENT. Section 12.1-21-05 of the North Dakota Century Code is
7    amended and reenacted as follows:
8        12.1-21-05. Criminal mischief.
9        1.   A person is guilty of an offense if that person:
10            a.     Willfully tampers with tangible property of another so as to endanger person or
11                   property; or
12            b.     Willfully damages tangible property of another.
13       2.   The offense is:
14            a.     A class B felony if the actor intentionally causes pecuniary loss in excess of ten
15                   thousand dollars.
16            b.     A class C felony if the actor intentionally causes pecuniary loss in excess of two
17                   thousand dollars but not in excess of ten thousand dollars or damages tangible
18                   property of another by means of an explosive or a destructive device.
19            c.     A class C felony if the actor commits the offense while engaged in a riot, as
20                   defined in section 12.1-25-01.
21            d.     A class A misdemeanor if the actor recklessly causes pecuniary loss in excess of
22                   two thousand dollars or if the actor intentionally causes pecuniary loss of from
23                   one hundred dollars through two thousand dollars.
24            Otherwise the offense is a class B misdemeanor.
                                                Page No. 1                        23.0940.01000
    Sixty-eighth
    Legislative Assembly
1      SECTION 2. A new subdivision to subsection 3 of section 12.1-23-05 of the North Dakota
2   Century Code is created and enacted as follows:
3                The property is stolen while engaging in a riot as defined in section 12.1-25-01 or
4                while with an organized group of five or more individuals.
                                           Page No. 2                         23.0940.01000
Statutes affected: INTRODUCED: 12.1-21-05
Enrollment: 12.1-21-05