The bill amends sections of the North Dakota Century Code related to criminal trespass, introducing new penalties for unlawful entry and occupancy of residential dwellings. It establishes that an individual who unlawfully detains or trespasses on a residential dwelling is guilty of a class C felony for the first offense and a class B felony for any subsequent offenses at the same location. Additionally, it specifies that individuals who enter or remain in certain buildings or enclosed areas without permission may be charged with a class A misdemeanor, while those who ignore posted trespass notices can face a class B misdemeanor for the first offense and a class A misdemeanor for subsequent violations within two years.
Furthermore, the bill clarifies the definition of "dwelling" to include real or residential property, and it outlines the procedures for peace officers when citing individuals for trespassing. Officers can issue citations for noncriminal offenses without taking individuals into custody, and the bill establishes a fine of $250 for violations. The amendments aim to enhance the enforcement of trespass laws while providing clear guidelines for both individuals and law enforcement.
Statutes affected: INTRODUCED: 12.1-22-03
Prepared by the Legislative Council staff for Representative Klemin: 12.1-22-03, 12.1-22-06
FIRST ENGROSSMENT: 12.1-22-03, 12.1-22-06
Prepared by the Legislative Council staff for Senator Braunberger: 12.1-22-03, 12.1-22-06
Enrollment: 12.1-22-03, 12.1-22-06