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. Under the revised law, theft in this category is classified as a class B misdemeanor for a first offense if it is committed through shoplifting or if certain conditions are met, including that the theft was not committed by threat or deception, and the defendant was not a public servant or financial institution employee acting in their official capacity.

Additionally, the bill introduces new classifications for repeat offenses. A second or third offense, or an equivalent ordinance violation, occurring within three years will be classified as a class A misdemeanor, while a fourth or subsequent violation within four years will be 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