The bill amends subsection 5 of section 12.1-23-05 of the North Dakota Century Code, which pertains to the grading of theft offenses involving property or services valued at not more than five hundred dollars. It establishes that a first offense of theft under certain conditions, such as shoplifting or without the use of threat or deception, is classified as a class B misdemeanor. The bill also outlines the criteria for determining the classification of the offense based on the defendant's relationship to the victim and their status as a public servant or financial institution employee.
Additionally, the bill introduces new legal language that specifies the penalties for repeat offenses. A second or third offense, or an equivalent ordinance violation, occurring within three years is classified as a class A misdemeanor, while a fourth or subsequent violation within four years is classified as a class C felony. The court is required to provide a written statement detailing any enhanced penalties associated with the offense, including those for subsequent violations.
Statutes affected: INTRODUCED: 12.1-23-05