21.0428.02000
Sixty-seventh
Legislative Assembly SENATE BILL NO. 2144
of North Dakota
Introduced by
Senators Erbele, Patten, Bell
Representatives Damschen, Dobervich, Tveit
1 A BILL for an Act to amend and reenact sections 12.1-22-03 and 20.1-01-17 of the North
2 Dakota Century Code, relating to criminal trespass and electronic posting; and to provide a
3 penalty.
4 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
5 SECTION 1. AMENDMENT. Section 12.1-22-03 of the North Dakota Century Code is
6 amended and reenacted as follows:
7 12.1-22-03. Criminal trespass - Noncriminal offense on posted property.
8 1. An individual is guilty of a class C felony if, knowing that thatthe individual is not
9 licensed or privileged to do so, the individual enters or remains in a dwelling or in
10 highly secured premises.
11 2. An individual is guilty of a class A misdemeanor if, knowing that thatthe individual is
12 not licensed or privileged to do so, the individual:
13 a. Enters or remains in or on any building, occupied structure, or storage structure,
14 or separately secured or occupied portion thereof; or
15 b. Enters or remains in any place so enclosed by a fence or otherwise enclosed as
16 manifestly to exclude intruders, unless the individual is a licensed hunter or
17 angler who is lawfully hunting or fishing. For purposes of this subdivision, "fence"
18 means a permanent structure on nonurban, private property which is maintained
19 and capable of containing livestock.
20 3. a. An individual is guilty of a class B misdemeanor if, knowing that thatthe individual
21 is not licensed or privileged to do so, the individual enters or remains in any place
22 as to which notice against trespass is given by actual communication to the actor
23 by the individual in charge of the premises or other authorized individual or by
24 posting in a manner reasonably likely to come to the attention of intruders. The
Page No. 1 21.0428.02000
Sixty-seventh
Legislative Assembly
1 name of the person posting the premises must appear on each sign in legible
2 characters.
3 b. Even if the conduct of the owner, tenant, or individual authorized by the owner
4 varies from the provisions of subdivision a, an individual may be found guilty of
5 violating subdivision a if the owner, tenant, or individual authorized by the owner
6 substantially complied with subdivision a and notice against trespass is clear
7 from the circumstances.
8 c. An individual who violates subdivision a is guilty of a class A misdemeanor for the
9 second or subsequent offense within a two-year period.
10 4. a. AnA peace officer may cite an individual who, knowing the individual is not
11 licensed or privileged to do so, may not enter or remainentered or remained in a
12 place as to which notice against trespass is given by posting in a manner
13 reasonably likely to come to the attention of intruders. A violation of this
14 subdivision is , with a noncriminal offense. An individual cited under this
15 subsection may not be prosecuted under subsection 3 for the same offense.
16 b. A peace officer shall cite an individual who violates subdivision a with aThe fine
17 offor a citation under subdivision a is two hundred fifty dollars for each violation.
18 c. The peace officer citing the individual shall:
19 (1) Take the name and address of the individual; and
20 (2) Notify the individual of the right to request a hearing if posting bond by mail.
21 d. The peace officer may not take the individual into custody or require the
22 individual to proceed with the peace officer to any other location for the purpose
23 of posting bond. The officer shall provide the individual with an envelope for use
24 in mailing the bond.
25 e. An individual cited may appear before the designated official and pay the
26 statutory fine for the violation at or before the time scheduled for hearing.
27 f. If the individual has posted bond, the individual may forfeit bond by not appearing
28 at the designated time.
29 g. If the individual posts bond by mail, the bond must be submitted within fourteen
30 days of the date of the citation and the individual cited shall indicate on the
31 envelope or citation whether a hearing is requested. If the individual does not
Page No. 2 21.0428.02000
Sixty-seventh
Legislative Assembly
1 request a hearing within fourteen days of the date of the citation, the bond is
2 deemed forfeited and the individual is deemed to have admitted to the violation
3 and to have waived the right to a hearing on the issue of commission of the
4 violation. If the individual requests a hearing, the court for the county in which the
5 citation is issued shall issue a summons to the individual requesting the hearing
6 notifying the individual of the date of the hearing before the designated official.
7 h. Upon appearing at the hearing scheduled in the citation or otherwise scheduled
8 at the individual's request, the individual may make a statement in explanation of
9 the individual's action. The official may at that time waive or suspend the statutory
10 fine or bond.
11 i. A citing peace officer may not receive the statutory fine or bond.
12 j. The bond required to secure appearance before the judge must be identical to
13 the statutory fine established in subdivision b.
14 5. An individual is guilty of a class B misdemeanor if that individual remains upon the
15 property of another after being requested to leave the property by a duly authorized
16 individual. An individual who violates this subsection is guilty of a class A
17 misdemeanor for the second or subsequent offense within a two-year period.
18 6. This section does not apply to a peace officer in the course of discharging the peace
19 officer's official duties.
20 SECTION 2. AMENDMENT. Section 20.1-01-17 of the North Dakota Century Code is
21 amended and reenacted as follows:
22 20.1-01-17. Posting of lands by owner to prohibit hunting - How posted - Signs
23 defaced.
24 1. Only the owner or tenant or an individual authorized by the owner of land may post the
25 land by placing. To post the land, an individual shall:
26 a. Place signs alongside the public highway or the land giving notice that hunting is
27 not permitted on the land. The name of the person posting the land must appear
28 on each sign in legible characters. The signs must be readable from the outside
29 of the land and must be placed conspicuously not more than eight hundred eighty
30 yards [804.68 meters] apart. As to land entirely enclosed by a fence or other
Page No. 3 21.0428.02000
Sixty-seventh
Legislative Assembly
1 enclosure, posting of signs at or on all gates through the fence or enclosure
2 constitutes a posting of all the enclosed land; or
3 b. Designate the land as posted or closed to hunting in an online database or other
4 electronic application maintained or authorized by the state and available to the
5 public which identifies whether land is available to hunters. The name of the
6 person posting the land electronically must be visible to users of the online
7 database or electronic application.
8 2. A person may not deface, take down, destroy posting signs, or post property without
9 the permission of the owner or tenant or an individual authorized by the owner.
10 3. Even if the conduct of the owner, tenant, or individual authorized by the owner varies
11 from the provisions of subsection 1, an individual may be found guilty of violating
12 section 20.1-01-18 if the owner, tenant, or individual authorized by the owner
13 substantially complied with subsection 1 and notice against hunting or trespassing is
14 clear from the circumstances.
Page No. 4 21.0428.02000
Statutes affected: INTRODUCED: 12.1-22-03, 20.1-01-17
Enrollment: 12.1-22-03, 20.1-01-17