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 five hundred dollars or less. It establishes that a first offense of theft under these circumstances is classified as a class B misdemeanor, particularly if the theft was committed through shoplifting or if certain conditions are met, such as the absence of threats or deception by someone in a fiduciary relationship with the victim.
Additionally, the bill introduces new classifications for repeat offenses. A second or third offense, or an equivalent ordinance, 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 bill also mandates that any sentence imposed under this subsection must include a written statement from the court that notifies the offender of any enhanced penalties associated with subsequent offenses.
Statutes affected: INTRODUCED: 12.1-23-05
Enrollment: 12.1-23-05