CHAPTER 12.1-13CONFIDENTIAL INFORMATION - CONFLICT OF INTEREST - IMPERSONATION12.1-13-01.Disclosure of confidential information provided to government.Aperson is guilty of a class C felony if, in knowing violation of a statutory duty imposed on him as a<br>public servant, he discloses any confidential information which he has acquired as a public<br>servant. "Confidential information" means information made available to the government under a<br>governmental assurance of confidence as provided by statute.12.1-13-02. Speculating or wagering on official action or information.1.A person is guilty of a class A misdemeanor if during employment as a public<br>servant, or within one year thereafter, in contemplation of official action by himself as<br>a public servant or by a government agency with which he is or has been associated<br>as a public servant, or in reliance on information to which he has or had access only<br>in his capacity as a public servant, he:a.Acquires a pecuniary interest in any property, transaction, or enterprise which<br>may be affected by such information or official action;b.Speculates or wagers on the basis of such information or official action; orc.Aids another to do any of the foregoing.2.A person is guilty of a class A misdemeanor if as a public servant he takes official<br>action which is likely to benefit him as a result of an acquisition of a pecuniary<br>interest in any property, transaction, or enterprise, or of a speculation or wager,<br>which he made, or caused or aided another to make, in contemplation of such<br>official action.12.1-13-03. Public servant's interest in public contracts.1.Every public servant authorized to sell or lease any property, or to make any<br>contract in his official capacity, alone or in conjunction with other public servants,<br>who voluntarily becomes interested individually in the sale, lease, or contract,<br>directly or indirectly, is guilty of a class A misdemeanor.2.Subsection 1 shall not apply to:a.Contracts of purchase or employment between a political subdivision and an<br>officer of that subdivision, if the contracts are first unanimously approved by the<br>other members at a meeting of the governing body of the political subdivision,<br>and a unanimous finding is entered in the official minutes of that body that the<br>contract is necessary because the services or property contracted for are not<br>otherwise obtainable at equal cost.b.Sales, leases, or contracts entered into between school boards and school<br>board members or school officers.12.1-13-04. Impersonating officials.1.A person is guilty of an offense if he falsely pretends to be:a.A public servant, other than a law enforcement officer, and acts as if to exercise<br>the authority of such public servant.b.A public servant or a former public servant and thereby obtains a thing of value.Page No. 1c.A law enforcement officer.2.It is no defense to prosecution under this section that the pretended capacity did not<br>exist or the pretended authority could not legally or otherwise have been exercised<br>or conferred.3.An offense under subdivision b or c of subsection 1 is a class A misdemeanor. An<br>offense under subdivision a of subsection 1 is a class B misdemeanor.Page No. 2Document Outlinechapter 12.1-13 confidential information - conflict of interest - impersonation
CHAPTER 12.1-13CONFIDENTIAL INFORMATION - CONFLICT OF INTEREST - IMPERSONATION12.1-13-01.Disclosure of confidential information provided to government.Aperson is guilty of a class C felony if, in knowing violation of a statutory duty imposed on him as a<br>public servant, he discloses any confidential information which he has acquired as a public<br>servant. "Confidential information" means information made available to the government under a<br>governmental assurance of confidence as provided by statute.12.1-13-02. Speculating or wagering on official action or information.1.A person is guilty of a class A misdemeanor if during employment as a public<br>servant, or within one year thereafter, in contemplation of official action by himself as<br>a public servant or by a government agency with which he is or has been associated<br>as a public servant, or in reliance on information to which he has or had access only<br>in his capacity as a public servant, he:a.Acquires a pecuniary interest in any property, transaction, or enterprise which<br>may be affected by such information or official action;b.Speculates or wagers on the basis of such information or official action; orc.Aids another to do any of the foregoing.2.A person is guilty of a class A misdemeanor if as a public servant he takes official<br>action which is likely to benefit him as a result of an acquisition of a pecuniary<br>interest in any property, transaction, or enterprise, or of a speculation or wager,<br>which he made, or caused or aided another to make, in contemplation of such<br>official action.12.1-13-03. Public servant's interest in public contracts.1.Every public servant authorized to sell or lease any property, or to make any<br>contract in his official capacity, alone or in conjunction with other public servants,<br>who voluntarily becomes interested individually in the sale, lease, or contract,<br>directly or indirectly, is guilty of a class A misdemeanor.2.Subsection 1 shall not apply to:a.Contracts of purchase or employment between a political subdivision and an<br>officer of that subdivision, if the contracts are first unanimously approved by the<br>other members at a meeting of the governing body of the political subdivision,<br>and a unanimous finding is entered in the official minutes of that body that the<br>contract is necessary because the services or property contracted for are not<br>otherwise obtainable at equal cost.b.Sales, leases, or contracts entered into between school boards and school<br>board members or school officers.12.1-13-04. Impersonating officials.1.A person is guilty of an offense if he falsely pretends to be:a.A public servant, other than a law enforcement officer, and acts as if to exercise<br>the authority of such public servant.b.A public servant or a former public servant and thereby obtains a thing of value.Page No. 1c.A law enforcement officer.2.It is no defense to prosecution under this section that the pretended capacity did not<br>exist or the pretended authority could not legally or otherwise have been exercised<br>or conferred.3.An offense under subdivision b or c of subsection 1 is a class A misdemeanor. An<br>offense under subdivision a of subsection 1 is a class B misdemeanor.Page No. 2Document Outlinechapter 12.1-13 confidential information - conflict of interest - impersonation
CHAPTER 12.1-13CONFIDENTIAL INFORMATION - CONFLICT OF INTEREST - IMPERSONATION12.1-13-01.Disclosure of confidential information provided to government.Aperson is guilty of a class C felony if, in knowing violation of a statutory duty imposed on him as a<br>public servant, he discloses any confidential information which he has acquired as a public<br>servant. "Confidential information" means information made available to the government under a<br>governmental assurance of confidence as provided by statute.12.1-13-02. Speculating or wagering on official action or information.1.A person is guilty of a class A misdemeanor if during employment as a public<br>servant, or within one year thereafter, in contemplation of official action by himself as<br>a public servant or by a government agency with which he is or has been associated<br>as a public servant, or in reliance on information to which he has or had access only<br>in his capacity as a public servant, he:a.Acquires a pecuniary interest in any property, transaction, or enterprise which<br>may be affected by such information or official action;b.Speculates or wagers on the basis of such information or official action; orc.Aids another to do any of the foregoing.2.A person is guilty of a class A misdemeanor if as a public servant he takes official<br>action which is likely to benefit him as a result of an acquisition of a pecuniary<br>interest in any property, transaction, or enterprise, or of a speculation or wager,<br>which he made, or caused or aided another to make, in contemplation of such<br>official action.12.1-13-03. Public servant's interest in public contracts.1.Every public servant authorized to sell or lease any property, or to make any<br>contract in his official capacity, alone or in conjunction with other public servants,<br>who voluntarily becomes interested individually in the sale, lease, or contract,<br>directly or indirectly, is guilty of a class A misdemeanor.2.Subsection 1 shall not apply to:a.Contracts of purchase or employment between a political subdivision and an<br>officer of that subdivision, if the contracts are first unanimously approved by the<br>other members at a meeting of the governing body of the political subdivision,<br>and a unanimous finding is entered in the official minutes of that body that the<br>contract is necessary because the services or property contracted for are not<br>otherwise obtainable at equal cost.b.Sales, leases, or contracts entered into between school boards and school<br>board members or school officers.12.1-13-04. Impersonating officials.1.A person is guilty of an offense if he falsely pretends to be:a.A public servant, other than a law enforcement officer, and acts as if to exercise<br>the authority of such public servant.b.A public servant or a former public servant and thereby obtains a thing of value.Page No. 1c.A law enforcement officer.2.It is no defense to prosecution under this section that the pretended capacity did not<br>exist or the pretended authority could not legally or otherwise have been exercised<br>or conferred.3.An offense under subdivision b or c of subsection 1 is a class A misdemeanor. An<br>offense under subdivision a of subsection 1 is a class B misdemeanor.Page No. 2Document Outlinechapter 12.1-13 confidential information - conflict of interest - impersonation
