CHAPTER 12.1-23THEFT AND RELATED OFFENSES12.1-23-01. Consolidation of theft offenses.1.Conduct denominated theft in sections 12.1-23-02 to 12.1-23-04 constitutes a single<br>offense designed to include the separate offenses heretofore known as larceny,<br>stealing, purloining, embezzlement, obtaining money or property by false pretenses,<br>extortion,blackmail,fraudulentconversion,receivingstolenproperty,misappropriation of public funds, swindling, and the like.2.An indictment, information, or complaint charging theft under sections 12.1-23-02 to<br>12.1-23-04 which fairly apprises the defendant of the nature of the charges against<br>him shall not be deemed insufficient because it fails to specify a particular category<br>of theft.The defendant may be found guilty of theft under such an indictment,information, or complaint if his conduct falls under sections 12.1-23-02 to<br>12.1-23-04, so long as the conduct proved is sufficiently related to the conduct<br>charged that the accused is not unfairly surprised by the case he must meet.12.1-23-02. Theft of property. A person is guilty of theft if he:1.Knowingly takes or exercises unauthorized control over, or makes an unauthorized<br>transfer of an interest in, the property of another with intent to deprive the owner<br>thereof;2.Knowingly obtains the property of another by deception or by threat with intent to<br>deprive the owner thereof, or intentionally deprives another of his property by<br>deception or by threat; or3.Knowingly receives, retains, or disposes of property of another which has been<br>stolen, with intent to deprive the owner thereof.12.1-23-02.1.Disarming or attempting to disarm a law enforcement officer.Notwithstanding subdivision d of subsection 2 of section 12.1-23-05, a person is guilty of a<br>class C felony if, without the consent of the law enforcement officer, the person willfully takes or<br>removes, or attempts to take or remove, a firearm from a law enforcement officer engaged in the<br>performance of official duties.12.1-23-03. Theft of services. A person is guilty of theft if:1.He intentionally obtains services, known by him to be available only for<br>compensation, by deception, threat, false token, or other means to avoid payment<br>for the services; or2.Having control over the disposition of services of another to which he is not entitled,<br>he knowingly diverts those services to his own benefit or to the benefit of another not<br>entitled thereto.Where compensation for services is ordinarily paid immediately upon their rendition, as in the<br>case of hotels, restaurants, and comparable establishments, absconding without payment or<br>making provision to pay is prima facie evidence that the services were obtained by deception.12.1-23-04. Theft of property lost, mislaid, or delivered by mistake. A person isguilty of theft if he:1.Retains or disposes of property of another when he knows it has been lost or<br>mislaid; orPage No. 12.Retains or disposes of property of another when he knows it has been delivered<br>under a mistake as to the identity of the recipient or as to the nature or amount of the<br>property,and with intent to deprive the owner of it, he fails to take readily available and reasonable<br>measures to restore the property to a person entitled to have it.12.1-23-05. Grading of theft offenses.1.Notwithstanding the provisions of subsection 2, theft under this chapter is a class B<br>felony if the property or services stolen exceed ten thousand dollars in value or are<br>acquired or retained by a threat to commit a class A or class B felony or to inflict<br>serious bodily injury on the person threatened or on any other person.2.Theft under this chapter is a class C felony if:a.The property or services stolen exceed five hundred dollars in value;b.The property or services stolen are acquired or retained by threat and (1) are<br>acquired or retained by a public servant by a threat to take or withhold official<br>action, or (2) exceed fifty dollars in value;c.The property or services stolen exceed fifty dollars in value and are acquired or<br>retained by a public servant in the course of official duties;d.The property stolen is a firearm, ammunition, explosive or destructive device, or<br>an automobile, aircraft, or other motor-propelled vehicle;e.The property consists of any government file, record, document, or other<br>government paper stolen from any government office or from any public<br>servant;f.The defendant is in the business of buying or selling stolen property and the<br>defendant receives, retains, or disposes of the property in the course of that<br>business;g.The property stolen consists of any implement, paper, or other thing uniquely<br>associated with the preparation of any money, stamp, bond, or other document,<br>instrument, or obligation of this state;h.The property stolen consists of livestock taken from the premises of the owner;i.The property stolen consists of a key or other implement uniquely suited to<br>provide access to property the theft of which would be a felony and it was<br>stolen to gain such access; orj.The property stolen is a card, plate, or other credit device existing for the<br>purpose of obtaining money, property, labor, or services on credit, or is a debit<br>card, electronic fund transfer card, code, or other means of access to an<br>account for the purposes of initiating electronic fund transfers.3.All other theft under this chapter is a class A misdemeanor, unless the requirements<br>of subsection 4 are met.4.Theft under this chapter of property or services of a value not exceeding two<br>hundred fifty dollars shall be a class B misdemeanor if:a.The theft was not committed by threat;Page No. 2b.The theft was not committed by deception by one who stood in a confidential or<br>fiduciary relationship to the victim of the theft; andc.The defendant was not a public servant or an officer or employee of a financial<br>institution who committed the theft in the course of official duties.The special classification provided in this subsection shall apply if the offense is<br>classified under this subsection in the charge or if, at sentencing, the required factors<br>are established by a preponderance of the evidence.5.Notwithstanding the provisions of subsection 3 of section 12.1-06-01, an attempt to<br>commit a theft under this chapter is punishable equally with the completed offense<br>when the actor has completed all of the conduct which he believes necessary on his<br>part to complete the theft except receipt of the property.6.For purposes of grading, the amount involved in a theft under this chapter shall be<br>the highest value by any reasonable standard, regardless of the actor's knowledge<br>of such value, of the property or services which were stolen by the actor, or which<br>the actor believed that the actor was stealing, or which the actor could reasonably<br>have anticipated to have been the property or services involved. Thefts committed<br>pursuant to one scheme or course of conduct, whether from the same person or<br>several persons, may be charged as one offense and the amounts proved to have<br>been stolen may be aggregated in determining the grade of the offense.12.1-23-06. Unauthorized use of a vehicle.1.A person is guilty of an offense if, knowing that he does not have the consent of the<br>owner, he takes, operates, or exercises control over an automobile, train, aircraft,<br>motorcycle, motorboat, or other motor-propelled vehicle of another.2.It is a defense to a prosecution under this section that the actor reasonably believed<br>that the owner would have consented had he known of the conduct on which the<br>prosecution was based.3.The offense is a class C felony if the vehicle is an aircraft or if the value of the use of<br>the vehicle and the cost of retrieval and restoration exceeds five hundred dollars.<br>Otherwise the offense is a class A misdemeanor.12.1-23-07. Misapplication of entrusted property.1.A person is guilty of misapplication of entrusted property if the person disposes of,<br>uses, or transfers any interest in property that has been entrusted to the person as a<br>fiduciary, or in the person's capacity as a public servant or an officer, director, agent,<br>employee of, or a person controlling a financial institution, in a manner that the<br>person knows is not authorized and that the person knows to involve a risk of loss or<br>detriment to the owner of the property or to the government or other person for<br>whose benefit the property was entrusted.2.Misapplication of entrusted property is:a.A class B felony if the value of the property misapplied exceeds ten thousand<br>dollars.b.A class C felony if the value of the property misapplied exceeds five hundred<br>dollars but does not exceed ten thousand dollars.c.A class A misdemeanor if the value of the property misapplied exceeds two<br>hundred fifty dollars but does not exceed five hundred dollars.Page No. 3d.A class B misdemeanor in all other cases.12.1-23-08. Defrauding secured creditors.1.An owner of property who creates a security interest in such property may not<br>intentionally alter, conceal, destroy, damage, encumber, transfer, remove, or<br>otherwise deal with property that is subject to the security interest without the prior<br>consent of the secured party if that action has the effect of hindering the<br>enforcement of the security interest.2.A person may not destroy, remove, damage, conceal, encumber, transfer, or<br>otherwise deal with property that is subject to a security interest with the intent to<br>prevent collection of the debt represented by the security interest.3.A person may not, at the time of sale of property that is subject to a security interest,<br>or is described in a certificate provided for under section 41-09-28, make false<br>statements as to the existence of security interests in the property, or as to the<br>ownership or location of the property.4.A violation of subsection 2 or 3 must be prosecuted as theft under section<br>12.1-23-02 or 12.1-23-04. Violation of subsection 2 or 3 is a class C felony if the<br>property has a value of more than five hundred dollars, as determined under<br>subsection 6 of section 12.1-23-05. In all other cases, violation of this section is a<br>class A misdemeanor.12.1-23-08.1. Removal of identification marks.1.A person commits the offense of removal of identification marks if he, with intent to<br>cause interruption of the ownership of another, defaces, erases, or otherwise alters<br>any serial number or identification mark placed or inscribed on any personal property<br>by the manufacturer or owner for the purpose of identifying the personal property or<br>its component parts, provided the personal property exceeds one hundred dollars in<br>value.A person removes identification marks if he attempts to or succeeds inerasing, defacing, altering, or removing a serial number or identification mark or part<br>thereof, on the personal property of another, that exceeds one hundred dollars in<br>value.2.A person who commits the offense of removal of identification marks on property or<br>its component parts which exceeds one hundred dollars in value is guilty of a class A<br>misdemeanor.12.1-23-08.2. Possession of altered property.1.A person is guilty of the offense of possession of altered property if he possesses<br>property the identifying features of which, including serial numbers or labels, have<br>been removed or in any fashion altered, knowing the serial number or identification<br>mark placed on the same by the manufacturer or owner for the purpose of<br>identification, has been erased, altered, changed, or removed for the purpose of<br>changing the identity of such personal property.2.A person who commits the offense of possession of altered property or its<br>component parts which exceed one hundred dollars in value, shall be guilty of a<br>class A misdemeanor. In the event that more than one item of personal property is<br>defaced, erased, or otherwise altered or unlawfully possessed, as specified in<br>sections 12.1-23-08.2 and 12.1-23-08.3, by an individual, then an offense is<br>determined to be committed under this section if the aggregate of the value of the<br>property so defaced, erased, or otherwise altered or unlawfully possessed is in<br>excess of one hundred dollars.Page No. 412.1-23-08.3. Dealing in stolen property.1.A person is guilty of the offense of dealing in stolen property if he:a.Traffics in, or endeavors to traffic in, the property of another that has been<br>stolen; orb.Initiates, organizes, plans, finances, directs, manages, or supervises the theft<br>and trafficking in the property of another that has been stolen.2.A person who commits the offense of dealing in stolen property in violation of:a.Subdivision a of subsection 1 shall be guilty of a class C felony; orb.Subdivision b of subsection 1 shall be guilty of a class B felony.12.1-23-08.4. Duplication of keys.1.Except as provided in subsection 2, no person shall duplicate or make a key from<br>another key marked with the words "Do Not Duplicate", "Do Not Copy", or words of<br>similar intent.2.It shall be an affirmative defense to prosecution under subsection 1 that:a.The person made or duplicated the key for his employer, solely for use within<br>the employer's place of business.b.The person for whom the key was made or duplicated owns the lock which the<br>key fits.3.Any person who violates any provision of this section is guilty of a class B<br>misdemeanor.12.1-23-09. Defenses and proof as to theft and related offenses.1.It is a defense to a prosecution under this chapter that:a.The actor honestly believed that he had a claim to the property or services<br>involved which he was entitled to assert in the manner which forms the basis<br>for the charge against him; orb.The victim is the actor's spouse, but only when the property involved constitutes<br>household or personal effects or other property normally accessible to both<br>spouses and the parties involved are living together. The term "spouse", as<br>used in this section, includes persons living together as husband and wife.2.It does not constitute a defense to a prosecution for conduct constituting an offense<br>in violation of this chapter that:a.Stratagem or deception, including the use of an undercover operative or law<br>enforcement officer, was employed;b.A facility or an opportunity to engage in such conduct, including offering for sale<br>property not stolen as if it were stolen, was provided; orc.Mere solicitation that would not induce an ordinary law-abiding person to<br>engage in such conduct was made by a law enforcement officer to gain<br>evidence against a person predisposed to engage in such conduct.Page No. 53.a.It is a prima facie case of theft under this chapter if it is shown that a public<br>servant or an officer, director, agent, employee of, or a person connected in any<br>capacity with a financial institution has failed to pay or account upon lawful<br>demand for money or property entrusted to him as part of his official duties or if<br>an audit reveals a shortage or falsification of his accounts.b.It is a prima facie case of theft under this chapter if it is shown that a person,<br>having successfully bid on and obtained an item at an auction, removed the<br>item from the auction premises without paying or making provisions to pay for<br>the item.c.Proof of the purchase or sale of stolen property at a price substantially below its<br>fair market value, unless satisfactorily explained, gives rise to an inference that<br>the person buying or selling the property was aware of the risk that it had been<br>stolen.d.Proof of the purchase or sale of stolen property by a dealer in property, out of<br>the regular course of business, or without the usual indicia of ownership other<br>than mere possession, unless satisfactorily explained, gives rise to an inference<br>that the person buying or selling the property was aware of the risk that it had<br>been stolen.4.The testimony of an accomplice, if believed beyond a reasonable doubt, is sufficient<br>for a conviction for conduct constituting an offense in violation of sections<br>12.1-23-08.1 through 12.1-23-08.3 when:a.Stratagem or deception, including the use of an undercover operative or law<br>enforcement officer, was employed;b.A facility or an opportunity to engage in such conduct including offering for sale<br>property not stolen as if it were stolen, was provided; orc.Mere solicitation that would not induce an ordinary law-abiding person to<br>engage in such conduct was made by a law enforcement officer to gain<br>evidence against a person predisposed to engage in such conduct.12.1-23-10. Definitions for theft and related offenses. In this chapter:1."Dealer in property" means a person who buys or sells property as a business.2."Deception" means:a.Creating or reinforcing a false impression as to fact, law, status, value,<br>intention, or other state of mind; or obtaining or attempting to obtain public<br>assistance by concealing a material fact, making a false statement or<br>representation, impersonating another, concealing the transfer of property<br>without adequate consideration, or using any other fraudulent method; but<br>deception as to a person's intention to perform a promise may not be inferred<br>from the fact alone that the person did not substantially perform the promise<br>unless it is part of a continuing scheme to defraud;b.Preventing another from acquiring information which would affect his judgment<br>of a transaction;c.Failing to correct a false impression which the actor previously created or<br>reinforced, or which he knows to be influencing another to whom he stands in a<br>fiduciary or confidential relationship;Page No. 6d.Failing to correct an impression which the actor previously created or reinforced<br>and which the actor knows to have become false due to subsequent events;e.Failing to disclose a lien, adverse claim, or other impediment to the enjoyment<br>of property which he transfers or encumbers in consideration for the property<br>obtained or in order to continue to deprive another of his property, whether such<br>impediment is or is not valid, or is or is not a matter of official record;f.Using a credit card, charge plate, or any other instrument which purports to<br>evidence an undertaking to pay for property or services delivered or rendered to<br>or upon the order of a designated person or bearer (1) where such instrument<br>has been stolen, forged, revoked, or canceled, or where for any other reason its<br>use by the actor is unauthorized, and (2) where the actor does not have the<br>intention and ability to meet all obligations to the issuer arising out of his use of<br>the instrument; org.Any other scheme to defraud. The term "deception" does not, however, include<br>falsifications as to matters having no pecuniary significance, or puffing by<br>statements unlikely to deceive ordinary persons in the group addressed.<br>"Puffing" means an exaggerated commendation of wares in communications<br>addressed to the public or to a class or group.3."Deprive" means:a.To withhold property or to cause it to be withheld either permanently or under<br>such circumstances that a major portion of its economic value, or its use and<br>benefit, has, in fact, been appropriated;b.To withhold property or to cause it to be withheld with the intent to restore it<br>only upon the payment of a reward or other compensation; orc.To dispose of property or use it or transfer any interest in it under<br>circumstances that make its restoration, in fact, unlikely.4."Fiduciary" means a trustee, guardian, executor, administrator, receiver, or any other<br>person acting in a fiduciary capacity, or any person carrying on fiduciary functions on<br>behalf of a corporation, limited liability company, or other organization which is a<br>fiduciary.5."Financial institution" means a bank, insurance company, credit union, safety deposit<br>company, savings and loan association, investment trust, or other organization held<br>out to the public as a place of deposit of funds or medium of savings or collective<br>investment.6."Obtain" means:a.In relation to property, to bring about a transfer or purported transfer of an<br>interest in the property, whether to the actor or another.b.In relation to services, to secure performance thereof.7."Property" means any money, tangible or intangible personal property, property<br>(whether real or personal) the location of which can be changed (including things<br>growing on, affixed to, or found in land and documents although the rights<br>represented thereby have no physical location), contract right, chose-in-action,<br>interest in or claim to wealth, credit, or any other article or thing of value of any kind.<br>"Property" also means real property the location of which cannot be moved if the<br>offense involves transfer or attempted transfer of an interest in the property.Page No. 78."Property of another" means property in which a person other than the actor or in<br>which a government has an interest which the actor is not privileged to infringe<br>without consent, regardless of the fact that the actor also has an interest in the<br>property and regardless of the fact that the other person or government might be<br>precluded from civil recovery because the property was used in an unlawful<br>transaction or was subject to forfeiture as contraband. Property in possession of the<br>actor shall not be deemed property of another who has a security interest therein,<br>even if legal title is in the creditor pursuant to a conditional sales contract or other<br>security agreement. "Owner" means any person or a government with an interest in<br>property such that it is "property of another" as far as the actor is concerned.9."Receiving" means acquiring possession, control, or title, or lending on the security<br>of the property.10."Services" means labor, professional service, transportation, telephone, mail or other<br>public service, gas, electricity and other public utility services, accommodations in<br>hotels, restaurants, or elsewhere, admission to exhibitions, and use of vehicles or<br>other property.11."Stolen" means property which has been the subject of theft or robbery or a vehicle<br>which is received from a person who is then in violation of section 12.1-23-06.12."Threat" means an expressed purpose, however communicated, to:a.Cause bodily injury in the future to the person threatened or to any other<br>person;b.Cause damage to property;c.Subject the person threatened or any other person to physical confinement or<br>restraint;d.Engage in other conduct constituting a crime;e.Accuse anyone of a crime;f.Expose a secret or publicize an asserted fact, whether true or false, tending to<br>subject a person living or deceased, to hatred, contempt, or ridicule or to impair<br>another's credit or business repute;g.Reveal any information sought to be concealed by the person threatened;h.Testify or provide information or withhold testimony or information with respect<br>to another's legal claim or defense;i.Take or withhold official action as a public servant, or cause a public servant to<br>take or withhold official action;j.Bring about or continue a strike, boycott, or other similar collective action to<br>obtain property or deprive another of his property which is not demanded or<br>received for the benefit of the group which the actor purports to represent;k.Cause anyone to be dismissed from his employment, unless the property is<br>demanded or obtained for lawful union purposes; orl.Do any other act which would not in itself substantially benefit the actor or a<br>group he represents but which is calculated to harm another person in a<br>substantial manner with respect to his health, safety, business, employment,<br>calling, career, financial condition, reputation, or personal relationship.Page No. 8Upon a charge of theft, the receipt of property in consideration for taking or<br>withholding official action shall be deemed to be theft by threat regardless of whether<br>the owner voluntarily parted with his property or himself initiated the scheme.13."Traffic" means:a.To sell, transfer, distribute, dispense, or otherwise dispose of to another person;<br>orb.To buy, receive, possess, or obtain control of, with intent to sell, transfer,<br>distribute, dispense, or otherwise dispose of to another person.12.1-23-11. Unauthorized use of personal identifying information - Penalty.1.As used in this section, "personal identifying information" means any of the following<br>information:a.An individual's name;b.An individual's address;c.An individual's telephone number;d.The distinguishing operator's license number assigned to an individual by the<br>department of transportation under section 39-06-14;e.An individual's social security number;f.An individual's employer or place of employment;g.An identification number assigned to the individual by the individual's employer;h.The maiden name of the individual's mother;i.The identifying number of a depository account in a financial institution; orj.An individual's birth, death, or marriage certificate.2.A person is guilty of an offense if the person uses or attempts to use any personal<br>identifying information of an individual, living or deceased, to obtain credit, money,<br>goods, services, or anything else of value without the authorization or consent of the<br>individual and by representing that person is the individual or is acting with the<br>authorization or consent of the individual. The offense is a class B felony if the<br>credit, money, goods, services, or anything else of value exceeds one thousand<br>dollars in value, otherwise the offense is a class C felony. A second or subsequent<br>offense is a class A felony.3.A violation of this section, of a law of another state, or of federal law that is<br>equivalent to this section and which resulted in a plea or finding of guilt must be<br>considered a prior offense.The prior offense must be alleged in the complaint,information, or indictment. The plea or finding of guilt for the prior offense must have<br>occurred before the date of the commission of the offense or offenses charged in the<br>complaint, information, or indictment.4.A prosecution for a violation of this section must be commenced within six years<br>after discovery by the victim of the offense of the facts constituting the violation.5.When a person commits violations of this section in more than one county involving<br>either one or more victims or the commission of acts constituting an element of thePage No. 9offense, the multiple offenses may be consolidated for commencement of<br>prosecution in any county where one of the offenses was committed.12.1-23-12.Jurisdiction - Conduct outside this state.Notwithstanding section29-03-01.1, a person who, while outside this state and by use of deception, obtains, deprives, or<br>conspires, solicits, or attempts to obtain the property of a person within this state or to deprive the<br>person of property is subject to prosecution under this chapter in the courts of this state. Except<br>as provided in section 12.1-23-11, the venue is in the county in which the victim resides or any<br>other county in which any part of the crime occurred.12.1-23-13. Distribution and use of theft detection shielding devices.1.A person is guilty of unlawful distribution of a theft detection shielding device if the<br>person knowingly manufactures, sells, offers for sale, or distributes any laminated or<br>coated bag or device peculiar to shielding and intended to shield merchandise from<br>detection by an electronic or magnetic theft alarm sensor.2.A person is guilty of unlawful possession of a theft detection shielding device if the<br>person knowingly possesses any laminated or coated bag or device peculiar to and<br>designed for shielding and intended to shield merchandise from detection by an<br>electronic or magnetic theft alarm sensor, with the intent to commit theft.3.A person is guilty of unlawful possession of a theft detection device deactivator or<br>remover if the person knowingly possesses any tool or device designed to allow the<br>deactivation or removal of any theft detection device from any merchandise without<br>the permission of the merchant or person owning or holding the merchandise.4.A person is guilty of unlawful deactivation or removal of a theft detection device if the<br>person intentionally deactivates or removes the device from a product before<br>purchase.5.A person is guilty of unlawful distribution of a theft detection device deactivator or<br>remover if the person knowingly manufactures, sells, offers for sale, or distributes<br>any tool or device designed to allow the deactivation or removal of a theft detection<br>device from merchandise without the permission of the merchant or person owning<br>or holding the merchandise.6.An offense under subsections 1 and 5 is a class C felony.An offense undersubsections 2, 3, and 4 is a class A misdemeanor.12.1-23-14. Detention of persons suspected of unlawful use or removal of theftdetection devices - Reasonable cause.1.The activation of an antishoplifting or inventory control device as a result of a person<br>exiting the establishment or a protected area within the establishment constitutes<br>reasonable cause for the detention of the person exiting by the owner or operator of<br>the establishment or by an agent or employee of the owner or operator, provided<br>sufficient notice has been posted to advise the patrons that the device is being<br>utilized.Each detention must be made in a reasonable manner and only for areasonable period of time sufficient for any inquiry into the circumstances<br>surrounding the activation of the device or for the recovery of goods.2.If the taking into custody and detention of the person by a law enforcement officer,<br>security officer, merchant, or merchant's employee is done in compliance with the<br>requirements of this section, the law enforcement officer, security officer, merchant,<br>or merchant's employee may not be held criminally or civilly liable, including any<br>liability for false arrest,falseimprisonment,unlawfuldetention,maliciousprosecution, intentional infliction of emotional distress, or defamation.Page No. 1012.1-23-15.Purchase of beer kegs - Penalty.A recycler, scrap metal dealer, orscrapyard operator may not purchase a metal beer keg, whether damaged or undamaged,<br>except from the brewer or the brewer's authorized representative, if:1.The keg is clearly marked as the property of a brewery manufacturer; or2.The keg's identification markings have been made illegible.A person who willfully violates this section is guilty of a class B misdemeanor.Page No. 11Document Outlinechapter 12.1-23 theft and related offenses
CHAPTER 12.1-23THEFT AND RELATED OFFENSES12.1-23-01. Consolidation of theft offenses.1.Conduct denominated theft in sections 12.1-23-02 to 12.1-23-04 constitutes a single<br>offense designed to include the separate offenses heretofore known as larceny,<br>stealing, purloining, embezzlement, obtaining money or property by false pretenses,<br>extortion,blackmail,fraudulentconversion,receivingstolenproperty,misappropriation of public funds, swindling, and the like.2.An indictment, information, or complaint charging theft under sections 12.1-23-02 to<br>12.1-23-04 which fairly apprises the defendant of the nature of the charges against<br>him shall not be deemed insufficient because it fails to specify a particular category<br>of theft.The defendant may be found guilty of theft under such an indictment,information, or complaint if his conduct falls under sections 12.1-23-02 to<br>12.1-23-04, so long as the conduct proved is sufficiently related to the conduct<br>charged that the accused is not unfairly surprised by the case he must meet.12.1-23-02. Theft of property. A person is guilty of theft if he:1.Knowingly takes or exercises unauthorized control over, or makes an unauthorized<br>transfer of an interest in, the property of another with intent to deprive the owner<br>thereof;2.Knowingly obtains the property of another by deception or by threat with intent to<br>deprive the owner thereof, or intentionally deprives another of his property by<br>deception or by threat; or3.Knowingly receives, retains, or disposes of property of another which has been<br>stolen, with intent to deprive the owner thereof.12.1-23-02.1.Disarming or attempting to disarm a law enforcement officer.Notwithstanding subdivision d of subsection 2 of section 12.1-23-05, a person is guilty of a<br>class C felony if, without the consent of the law enforcement officer, the person willfully takes or<br>removes, or attempts to take or remove, a firearm from a law enforcement officer engaged in the<br>performance of official duties.12.1-23-03. Theft of services. A person is guilty of theft if:1.He intentionally obtains services, known by him to be available only for<br>compensation, by deception, threat, false token, or other means to avoid payment<br>for the services; or2.Having control over the disposition of services of another to which he is not entitled,<br>he knowingly diverts those services to his own benefit or to the benefit of another not<br>entitled thereto.Where compensation for services is ordinarily paid immediately upon their rendition, as in the<br>case of hotels, restaurants, and comparable establishments, absconding without payment or<br>making provision to pay is prima facie evidence that the services were obtained by deception.12.1-23-04. Theft of property lost, mislaid, or delivered by mistake. A person isguilty of theft if he:1.Retains or disposes of property of another when he knows it has been lost or<br>mislaid; orPage No. 12.Retains or disposes of property of another when he knows it has been delivered<br>under a mistake as to the identity of the recipient or as to the nature or amount of the<br>property,and with intent to deprive the owner of it, he fails to take readily available and reasonable<br>measures to restore the property to a person entitled to have it.12.1-23-05. Grading of theft offenses.1.Notwithstanding the provisions of subsection 2, theft under this chapter is a class B<br>felony if the property or services stolen exceed ten thousand dollars in value or are<br>acquired or retained by a threat to commit a class A or class B felony or to inflict<br>serious bodily injury on the person threatened or on any other person.2.Theft under this chapter is a class C felony if:a.The property or services stolen exceed five hundred dollars in value;b.The property or services stolen are acquired or retained by threat and (1) are<br>acquired or retained by a public servant by a threat to take or withhold official<br>action, or (2) exceed fifty dollars in value;c.The property or services stolen exceed fifty dollars in value and are acquired or<br>retained by a public servant in the course of official duties;d.The property stolen is a firearm, ammunition, explosive or destructive device, or<br>an automobile, aircraft, or other motor-propelled vehicle;e.The property consists of any government file, record, document, or other<br>government paper stolen from any government office or from any public<br>servant;f.The defendant is in the business of buying or selling stolen property and the<br>defendant receives, retains, or disposes of the property in the course of that<br>business;g.The property stolen consists of any implement, paper, or other thing uniquely<br>associated with the preparation of any money, stamp, bond, or other document,<br>instrument, or obligation of this state;h.The property stolen consists of livestock taken from the premises of the owner;i.The property stolen consists of a key or other implement uniquely suited to<br>provide access to property the theft of which would be a felony and it was<br>stolen to gain such access; orj.The property stolen is a card, plate, or other credit device existing for the<br>purpose of obtaining money, property, labor, or services on credit, or is a debit<br>card, electronic fund transfer card, code, or other means of access to an<br>account for the purposes of initiating electronic fund transfers.3.All other theft under this chapter is a class A misdemeanor, unless the requirements<br>of subsection 4 are met.4.Theft under this chapter of property or services of a value not exceeding two<br>hundred fifty dollars shall be a class B misdemeanor if:a.The theft was not committed by threat;Page No. 2b.The theft was not committed by deception by one who stood in a confidential or<br>fiduciary relationship to the victim of the theft; andc.The defendant was not a public servant or an officer or employee of a financial<br>institution who committed the theft in the course of official duties.The special classification provided in this subsection shall apply if the offense is<br>classified under this subsection in the charge or if, at sentencing, the required factors<br>are established by a preponderance of the evidence.5.Notwithstanding the provisions of subsection 3 of section 12.1-06-01, an attempt to<br>commit a theft under this chapter is punishable equally with the completed offense<br>when the actor has completed all of the conduct which he believes necessary on his<br>part to complete the theft except receipt of the property.6.For purposes of grading, the amount involved in a theft under this chapter shall be<br>the highest value by any reasonable standard, regardless of the actor's knowledge<br>of such value, of the property or services which were stolen by the actor, or which<br>the actor believed that the actor was stealing, or which the actor could reasonably<br>have anticipated to have been the property or services involved. Thefts committed<br>pursuant to one scheme or course of conduct, whether from the same person or<br>several persons, may be charged as one offense and the amounts proved to have<br>been stolen may be aggregated in determining the grade of the offense.12.1-23-06. Unauthorized use of a vehicle.1.A person is guilty of an offense if, knowing that he does not have the consent of the<br>owner, he takes, operates, or exercises control over an automobile, train, aircraft,<br>motorcycle, motorboat, or other motor-propelled vehicle of another.2.It is a defense to a prosecution under this section that the actor reasonably believed<br>that the owner would have consented had he known of the conduct on which the<br>prosecution was based.3.The offense is a class C felony if the vehicle is an aircraft or if the value of the use of<br>the vehicle and the cost of retrieval and restoration exceeds five hundred dollars.<br>Otherwise the offense is a class A misdemeanor.12.1-23-07. Misapplication of entrusted property.1.A person is guilty of misapplication of entrusted property if the person disposes of,<br>uses, or transfers any interest in property that has been entrusted to the person as a<br>fiduciary, or in the person's capacity as a public servant or an officer, director, agent,<br>employee of, or a person controlling a financial institution, in a manner that the<br>person knows is not authorized and that the person knows to involve a risk of loss or<br>detriment to the owner of the property or to the government or other person for<br>whose benefit the property was entrusted.2.Misapplication of entrusted property is:a.A class B felony if the value of the property misapplied exceeds ten thousand<br>dollars.b.A class C felony if the value of the property misapplied exceeds five hundred<br>dollars but does not exceed ten thousand dollars.c.A class A misdemeanor if the value of the property misapplied exceeds two<br>hundred fifty dollars but does not exceed five hundred dollars.Page No. 3d.A class B misdemeanor in all other cases.12.1-23-08. Defrauding secured creditors.1.An owner of property who creates a security interest in such property may not<br>intentionally alter, conceal, destroy, damage, encumber, transfer, remove, or<br>otherwise deal with property that is subject to the security interest without the prior<br>consent of the secured party if that action has the effect of hindering the<br>enforcement of the security interest.2.A person may not destroy, remove, damage, conceal, encumber, transfer, or<br>otherwise deal with property that is subject to a security interest with the intent to<br>prevent collection of the debt represented by the security interest.3.A person may not, at the time of sale of property that is subject to a security interest,<br>or is described in a certificate provided for under section 41-09-28, make false<br>statements as to the existence of security interests in the property, or as to the<br>ownership or location of the property.4.A violation of subsection 2 or 3 must be prosecuted as theft under section<br>12.1-23-02 or 12.1-23-04. Violation of subsection 2 or 3 is a class C felony if the<br>property has a value of more than five hundred dollars, as determined under<br>subsection 6 of section 12.1-23-05. In all other cases, violation of this section is a<br>class A misdemeanor.12.1-23-08.1. Removal of identification marks.1.A person commits the offense of removal of identification marks if he, with intent to<br>cause interruption of the ownership of another, defaces, erases, or otherwise alters<br>any serial number or identification mark placed or inscribed on any personal property<br>by the manufacturer or owner for the purpose of identifying the personal property or<br>its component parts, provided the personal property exceeds one hundred dollars in<br>value.A person removes identification marks if he attempts to or succeeds inerasing, defacing, altering, or removing a serial number or identification mark or part<br>thereof, on the personal property of another, that exceeds one hundred dollars in<br>value.2.A person who commits the offense of removal of identification marks on property or<br>its component parts which exceeds one hundred dollars in value is guilty of a class A<br>misdemeanor.12.1-23-08.2. Possession of altered property.1.A person is guilty of the offense of possession of altered property if he possesses<br>property the identifying features of which, including serial numbers or labels, have<br>been removed or in any fashion altered, knowing the serial number or identification<br>mark placed on the same by the manufacturer or owner for the purpose of<br>identification, has been erased, altered, changed, or removed for the purpose of<br>changing the identity of such personal property.2.A person who commits the offense of possession of altered property or its<br>component parts which exceed one hundred dollars in value, shall be guilty of a<br>class A misdemeanor. In the event that more than one item of personal property is<br>defaced, erased, or otherwise altered or unlawfully possessed, as specified in<br>sections 12.1-23-08.2 and 12.1-23-08.3, by an individual, then an offense is<br>determined to be committed under this section if the aggregate of the value of the<br>property so defaced, erased, or otherwise altered or unlawfully possessed is in<br>excess of one hundred dollars.Page No. 412.1-23-08.3. Dealing in stolen property.1.A person is guilty of the offense of dealing in stolen property if he:a.Traffics in, or endeavors to traffic in, the property of another that has been<br>stolen; orb.Initiates, organizes, plans, finances, directs, manages, or supervises the theft<br>and trafficking in the property of another that has been stolen.2.A person who commits the offense of dealing in stolen property in violation of:a.Subdivision a of subsection 1 shall be guilty of a class C felony; orb.Subdivision b of subsection 1 shall be guilty of a class B felony.12.1-23-08.4. Duplication of keys.1.Except as provided in subsection 2, no person shall duplicate or make a key from<br>another key marked with the words "Do Not Duplicate", "Do Not Copy", or words of<br>similar intent.2.It shall be an affirmative defense to prosecution under subsection 1 that:a.The person made or duplicated the key for his employer, solely for use within<br>the employer's place of business.b.The person for whom the key was made or duplicated owns the lock which the<br>key fits.3.Any person who violates any provision of this section is guilty of a class B<br>misdemeanor.12.1-23-09. Defenses and proof as to theft and related offenses.1.It is a defense to a prosecution under this chapter that:a.The actor honestly believed that he had a claim to the property or services<br>involved which he was entitled to assert in the manner which forms the basis<br>for the charge against him; orb.The victim is the actor's spouse, but only when the property involved constitutes<br>household or personal effects or other property normally accessible to both<br>spouses and the parties involved are living together. The term "spouse", as<br>used in this section, includes persons living together as husband and wife.2.It does not constitute a defense to a prosecution for conduct constituting an offense<br>in violation of this chapter that:a.Stratagem or deception, including the use of an undercover operative or law<br>enforcement officer, was employed;b.A facility or an opportunity to engage in such conduct, including offering for sale<br>property not stolen as if it were stolen, was provided; orc.Mere solicitation that would not induce an ordinary law-abiding person to<br>engage in such conduct was made by a law enforcement officer to gain<br>evidence against a person predisposed to engage in such conduct.Page No. 53.a.It is a prima facie case of theft under this chapter if it is shown that a public<br>servant or an officer, director, agent, employee of, or a person connected in any<br>capacity with a financial institution has failed to pay or account upon lawful<br>demand for money or property entrusted to him as part of his official duties or if<br>an audit reveals a shortage or falsification of his accounts.b.It is a prima facie case of theft under this chapter if it is shown that a person,<br>having successfully bid on and obtained an item at an auction, removed the<br>item from the auction premises without paying or making provisions to pay for<br>the item.c.Proof of the purchase or sale of stolen property at a price substantially below its<br>fair market value, unless satisfactorily explained, gives rise to an inference that<br>the person buying or selling the property was aware of the risk that it had been<br>stolen.d.Proof of the purchase or sale of stolen property by a dealer in property, out of<br>the regular course of business, or without the usual indicia of ownership other<br>than mere possession, unless satisfactorily explained, gives rise to an inference<br>that the person buying or selling the property was aware of the risk that it had<br>been stolen.4.The testimony of an accomplice, if believed beyond a reasonable doubt, is sufficient<br>for a conviction for conduct constituting an offense in violation of sections<br>12.1-23-08.1 through 12.1-23-08.3 when:a.Stratagem or deception, including the use of an undercover operative or law<br>enforcement officer, was employed;b.A facility or an opportunity to engage in such conduct including offering for sale<br>property not stolen as if it were stolen, was provided; orc.Mere solicitation that would not induce an ordinary law-abiding person to<br>engage in such conduct was made by a law enforcement officer to gain<br>evidence against a person predisposed to engage in such conduct.12.1-23-10. Definitions for theft and related offenses. In this chapter:1."Dealer in property" means a person who buys or sells property as a business.2."Deception" means:a.Creating or reinforcing a false impression as to fact, law, status, value,<br>intention, or other state of mind; or obtaining or attempting to obtain public<br>assistance by concealing a material fact, making a false statement or<br>representation, impersonating another, concealing the transfer of property<br>without adequate consideration, or using any other fraudulent method; but<br>deception as to a person's intention to perform a promise may not be inferred<br>from the fact alone that the person did not substantially perform the promise<br>unless it is part of a continuing scheme to defraud;b.Preventing another from acquiring information which would affect his judgment<br>of a transaction;c.Failing to correct a false impression which the actor previously created or<br>reinforced, or which he knows to be influencing another to whom he stands in a<br>fiduciary or confidential relationship;Page No. 6d.Failing to correct an impression which the actor previously created or reinforced<br>and which the actor knows to have become false due to subsequent events;e.Failing to disclose a lien, adverse claim, or other impediment to the enjoyment<br>of property which he transfers or encumbers in consideration for the property<br>obtained or in order to continue to deprive another of his property, whether such<br>impediment is or is not valid, or is or is not a matter of official record;f.Using a credit card, charge plate, or any other instrument which purports to<br>evidence an undertaking to pay for property or services delivered or rendered to<br>or upon the order of a designated person or bearer (1) where such instrument<br>has been stolen, forged, revoked, or canceled, or where for any other reason its<br>use by the actor is unauthorized, and (2) where the actor does not have the<br>intention and ability to meet all obligations to the issuer arising out of his use of<br>the instrument; org.Any other scheme to defraud. The term "deception" does not, however, include<br>falsifications as to matters having no pecuniary significance, or puffing by<br>statements unlikely to deceive ordinary persons in the group addressed.<br>"Puffing" means an exaggerated commendation of wares in communications<br>addressed to the public or to a class or group.3."Deprive" means:a.To withhold property or to cause it to be withheld either permanently or under<br>such circumstances that a major portion of its economic value, or its use and<br>benefit, has, in fact, been appropriated;b.To withhold property or to cause it to be withheld with the intent to restore it<br>only upon the payment of a reward or other compensation; orc.To dispose of property or use it or transfer any interest in it under<br>circumstances that make its restoration, in fact, unlikely.4."Fiduciary" means a trustee, guardian, executor, administrator, receiver, or any other<br>person acting in a fiduciary capacity, or any person carrying on fiduciary functions on<br>behalf of a corporation, limited liability company, or other organization which is a<br>fiduciary.5."Financial institution" means a bank, insurance company, credit union, safety deposit<br>company, savings and loan association, investment trust, or other organization held<br>out to the public as a place of deposit of funds or medium of savings or collective<br>investment.6."Obtain" means:a.In relation to property, to bring about a transfer or purported transfer of an<br>interest in the property, whether to the actor or another.b.In relation to services, to secure performance thereof.7."Property" means any money, tangible or intangible personal property, property<br>(whether real or personal) the location of which can be changed (including things<br>growing on, affixed to, or found in land and documents although the rights<br>represented thereby have no physical location), contract right, chose-in-action,<br>interest in or claim to wealth, credit, or any other article or thing of value of any kind.<br>"Property" also means real property the location of which cannot be moved if the<br>offense involves transfer or attempted transfer of an interest in the property.Page No. 78."Property of another" means property in which a person other than the actor or in<br>which a government has an interest which the actor is not privileged to infringe<br>without consent, regardless of the fact that the actor also has an interest in the<br>property and regardless of the fact that the other person or government might be<br>precluded from civil recovery because the property was used in an unlawful<br>transaction or was subject to forfeiture as contraband. Property in possession of the<br>actor shall not be deemed property of another who has a security interest therein,<br>even if legal title is in the creditor pursuant to a conditional sales contract or other<br>security agreement. "Owner" means any person or a government with an interest in<br>property such that it is "property of another" as far as the actor is concerned.9."Receiving" means acquiring possession, control, or title, or lending on the security<br>of the property.10."Services" means labor, professional service, transportation, telephone, mail or other<br>public service, gas, electricity and other public utility services, accommodations in<br>hotels, restaurants, or elsewhere, admission to exhibitions, and use of vehicles or<br>other property.11."Stolen" means property which has been the subject of theft or robbery or a vehicle<br>which is received from a person who is then in violation of section 12.1-23-06.12."Threat" means an expressed purpose, however communicated, to:a.Cause bodily injury in the future to the person threatened or to any other<br>person;b.Cause damage to property;c.Subject the person threatened or any other person to physical confinement or<br>restraint;d.Engage in other conduct constituting a crime;e.Accuse anyone of a crime;f.Expose a secret or publicize an asserted fact, whether true or false, tending to<br>subject a person living or deceased, to hatred, contempt, or ridicule or to impair<br>another's credit or business repute;g.Reveal any information sought to be concealed by the person threatened;h.Testify or provide information or withhold testimony or information with respect<br>to another's legal claim or defense;i.Take or withhold official action as a public servant, or cause a public servant to<br>take or withhold official action;j.Bring about or continue a strike, boycott, or other similar collective action to<br>obtain property or deprive another of his property which is not demanded or<br>received for the benefit of the group which the actor purports to represent;k.Cause anyone to be dismissed from his employment, unless the property is<br>demanded or obtained for lawful union purposes; orl.Do any other act which would not in itself substantially benefit the actor or a<br>group he represents but which is calculated to harm another person in a<br>substantial manner with respect to his health, safety, business, employment,<br>calling, career, financial condition, reputation, or personal relationship.Page No. 8Upon a charge of theft, the receipt of property in consideration for taking or<br>withholding official action shall be deemed to be theft by threat regardless of whether<br>the owner voluntarily parted with his property or himself initiated the scheme.13."Traffic" means:a.To sell, transfer, distribute, dispense, or otherwise dispose of to another person;<br>orb.To buy, receive, possess, or obtain control of, with intent to sell, transfer,<br>distribute, dispense, or otherwise dispose of to another person.12.1-23-11. Unauthorized use of personal identifying information - Penalty.1.As used in this section, "personal identifying information" means any of the following<br>information:a.An individual's name;b.An individual's address;c.An individual's telephone number;d.The distinguishing operator's license number assigned to an individual by the<br>department of transportation under section 39-06-14;e.An individual's social security number;f.An individual's employer or place of employment;g.An identification number assigned to the individual by the individual's employer;h.The maiden name of the individual's mother;i.The identifying number of a depository account in a financial institution; orj.An individual's birth, death, or marriage certificate.2.A person is guilty of an offense if the person uses or attempts to use any personal<br>identifying information of an individual, living or deceased, to obtain credit, money,<br>goods, services, or anything else of value without the authorization or consent of the<br>individual and by representing that person is the individual or is acting with the<br>authorization or consent of the individual. The offense is a class B felony if the<br>credit, money, goods, services, or anything else of value exceeds one thousand<br>dollars in value, otherwise the offense is a class C felony. A second or subsequent<br>offense is a class A felony.3.A violation of this section, of a law of another state, or of federal law that is<br>equivalent to this section and which resulted in a plea or finding of guilt must be<br>considered a prior offense.The prior offense must be alleged in the complaint,information, or indictment. The plea or finding of guilt for the prior offense must have<br>occurred before the date of the commission of the offense or offenses charged in the<br>complaint, information, or indictment.4.A prosecution for a violation of this section must be commenced within six years<br>after discovery by the victim of the offense of the facts constituting the violation.5.When a person commits violations of this section in more than one county involving<br>either one or more victims or the commission of acts constituting an element of thePage No. 9offense, the multiple offenses may be consolidated for commencement of<br>prosecution in any county where one of the offenses was committed.12.1-23-12.Jurisdiction - Conduct outside this state.Notwithstanding section29-03-01.1, a person who, while outside this state and by use of deception, obtains, deprives, or<br>conspires, solicits, or attempts to obtain the property of a person within this state or to deprive the<br>person of property is subject to prosecution under this chapter in the courts of this state. Except<br>as provided in section 12.1-23-11, the venue is in the county in which the victim resides or any<br>other county in which any part of the crime occurred.12.1-23-13. Distribution and use of theft detection shielding devices.1.A person is guilty of unlawful distribution of a theft detection shielding device if the<br>person knowingly manufactures, sells, offers for sale, or distributes any laminated or<br>coated bag or device peculiar to shielding and intended to shield merchandise from<br>detection by an electronic or magnetic theft alarm sensor.2.A person is guilty of unlawful possession of a theft detection shielding device if the<br>person knowingly possesses any laminated or coated bag or device peculiar to and<br>designed for shielding and intended to shield merchandise from detection by an<br>electronic or magnetic theft alarm sensor, with the intent to commit theft.3.A person is guilty of unlawful possession of a theft detection device deactivator or<br>remover if the person knowingly possesses any tool or device designed to allow the<br>deactivation or removal of any theft detection device from any merchandise without<br>the permission of the merchant or person owning or holding the merchandise.4.A person is guilty of unlawful deactivation or removal of a theft detection device if the<br>person intentionally deactivates or removes the device from a product before<br>purchase.5.A person is guilty of unlawful distribution of a theft detection device deactivator or<br>remover if the person knowingly manufactures, sells, offers for sale, or distributes<br>any tool or device designed to allow the deactivation or removal of a theft detection<br>device from merchandise without the permission of the merchant or person owning<br>or holding the merchandise.6.An offense under subsections 1 and 5 is a class C felony.An offense undersubsections 2, 3, and 4 is a class A misdemeanor.12.1-23-14. Detention of persons suspected of unlawful use or removal of theftdetection devices - Reasonable cause.1.The activation of an antishoplifting or inventory control device as a result of a person<br>exiting the establishment or a protected area within the establishment constitutes<br>reasonable cause for the detention of the person exiting by the owner or operator of<br>the establishment or by an agent or employee of the owner or operator, provided<br>sufficient notice has been posted to advise the patrons that the device is being<br>utilized.Each detention must be made in a reasonable manner and only for areasonable period of time sufficient for any inquiry into the circumstances<br>surrounding the activation of the device or for the recovery of goods.2.If the taking into custody and detention of the person by a law enforcement officer,<br>security officer, merchant, or merchant's employee is done in compliance with the<br>requirements of this section, the law enforcement officer, security officer, merchant,<br>or merchant's employee may not be held criminally or civilly liable, including any<br>liability for false arrest,falseimprisonment,unlawfuldetention,maliciousprosecution, intentional infliction of emotional distress, or defamation.Page No. 1012.1-23-15.Purchase of beer kegs - Penalty.A recycler, scrap metal dealer, orscrapyard operator may not purchase a metal beer keg, whether damaged or undamaged,<br>except from the brewer or the brewer's authorized representative, if:1.The keg is clearly marked as the property of a brewery manufacturer; or2.The keg's identification markings have been made illegible.A person who willfully violates this section is guilty of a class B misdemeanor.Page No. 11Document Outlinechapter 12.1-23 theft and related offenses
CHAPTER 12.1-23THEFT AND RELATED OFFENSES12.1-23-01. Consolidation of theft offenses.1.Conduct denominated theft in sections 12.1-23-02 to 12.1-23-04 constitutes a single<br>offense designed to include the separate offenses heretofore known as larceny,<br>stealing, purloining, embezzlement, obtaining money or property by false pretenses,<br>extortion,blackmail,fraudulentconversion,receivingstolenproperty,misappropriation of public funds, swindling, and the like.2.An indictment, information, or complaint charging theft under sections 12.1-23-02 to<br>12.1-23-04 which fairly apprises the defendant of the nature of the charges against<br>him shall not be deemed insufficient because it fails to specify a particular category<br>of theft.The defendant may be found guilty of theft under such an indictment,information, or complaint if his conduct falls under sections 12.1-23-02 to<br>12.1-23-04, so long as the conduct proved is sufficiently related to the conduct<br>charged that the accused is not unfairly surprised by the case he must meet.12.1-23-02. Theft of property. A person is guilty of theft if he:1.Knowingly takes or exercises unauthorized control over, or makes an unauthorized<br>transfer of an interest in, the property of another with intent to deprive the owner<br>thereof;2.Knowingly obtains the property of another by deception or by threat with intent to<br>deprive the owner thereof, or intentionally deprives another of his property by<br>deception or by threat; or3.Knowingly receives, retains, or disposes of property of another which has been<br>stolen, with intent to deprive the owner thereof.12.1-23-02.1.Disarming or attempting to disarm a law enforcement officer.Notwithstanding subdivision d of subsection 2 of section 12.1-23-05, a person is guilty of a<br>class C felony if, without the consent of the law enforcement officer, the person willfully takes or<br>removes, or attempts to take or remove, a firearm from a law enforcement officer engaged in the<br>performance of official duties.12.1-23-03. Theft of services. A person is guilty of theft if:1.He intentionally obtains services, known by him to be available only for<br>compensation, by deception, threat, false token, or other means to avoid payment<br>for the services; or2.Having control over the disposition of services of another to which he is not entitled,<br>he knowingly diverts those services to his own benefit or to the benefit of another not<br>entitled thereto.Where compensation for services is ordinarily paid immediately upon their rendition, as in the<br>case of hotels, restaurants, and comparable establishments, absconding without payment or<br>making provision to pay is prima facie evidence that the services were obtained by deception.12.1-23-04. Theft of property lost, mislaid, or delivered by mistake. A person isguilty of theft if he:1.Retains or disposes of property of another when he knows it has been lost or<br>mislaid; orPage No. 12.Retains or disposes of property of another when he knows it has been delivered<br>under a mistake as to the identity of the recipient or as to the nature or amount of the<br>property,and with intent to deprive the owner of it, he fails to take readily available and reasonable<br>measures to restore the property to a person entitled to have it.12.1-23-05. Grading of theft offenses.1.Notwithstanding the provisions of subsection 2, theft under this chapter is a class B<br>felony if the property or services stolen exceed ten thousand dollars in value or are<br>acquired or retained by a threat to commit a class A or class B felony or to inflict<br>serious bodily injury on the person threatened or on any other person.2.Theft under this chapter is a class C felony if:a.The property or services stolen exceed five hundred dollars in value;b.The property or services stolen are acquired or retained by threat and (1) are<br>acquired or retained by a public servant by a threat to take or withhold official<br>action, or (2) exceed fifty dollars in value;c.The property or services stolen exceed fifty dollars in value and are acquired or<br>retained by a public servant in the course of official duties;d.The property stolen is a firearm, ammunition, explosive or destructive device, or<br>an automobile, aircraft, or other motor-propelled vehicle;e.The property consists of any government file, record, document, or other<br>government paper stolen from any government office or from any public<br>servant;f.The defendant is in the business of buying or selling stolen property and the<br>defendant receives, retains, or disposes of the property in the course of that<br>business;g.The property stolen consists of any implement, paper, or other thing uniquely<br>associated with the preparation of any money, stamp, bond, or other document,<br>instrument, or obligation of this state;h.The property stolen consists of livestock taken from the premises of the owner;i.The property stolen consists of a key or other implement uniquely suited to<br>provide access to property the theft of which would be a felony and it was<br>stolen to gain such access; orj.The property stolen is a card, plate, or other credit device existing for the<br>purpose of obtaining money, property, labor, or services on credit, or is a debit<br>card, electronic fund transfer card, code, or other means of access to an<br>account for the purposes of initiating electronic fund transfers.3.All other theft under this chapter is a class A misdemeanor, unless the requirements<br>of subsection 4 are met.4.Theft under this chapter of property or services of a value not exceeding two<br>hundred fifty dollars shall be a class B misdemeanor if:a.The theft was not committed by threat;Page No. 2b.The theft was not committed by deception by one who stood in a confidential or<br>fiduciary relationship to the victim of the theft; andc.The defendant was not a public servant or an officer or employee of a financial<br>institution who committed the theft in the course of official duties.The special classification provided in this subsection shall apply if the offense is<br>classified under this subsection in the charge or if, at sentencing, the required factors<br>are established by a preponderance of the evidence.5.Notwithstanding the provisions of subsection 3 of section 12.1-06-01, an attempt to<br>commit a theft under this chapter is punishable equally with the completed offense<br>when the actor has completed all of the conduct which he believes necessary on his<br>part to complete the theft except receipt of the property.6.For purposes of grading, the amount involved in a theft under this chapter shall be<br>the highest value by any reasonable standard, regardless of the actor's knowledge<br>of such value, of the property or services which were stolen by the actor, or which<br>the actor believed that the actor was stealing, or which the actor could reasonably<br>have anticipated to have been the property or services involved. Thefts committed<br>pursuant to one scheme or course of conduct, whether from the same person or<br>several persons, may be charged as one offense and the amounts proved to have<br>been stolen may be aggregated in determining the grade of the offense.12.1-23-06. Unauthorized use of a vehicle.1.A person is guilty of an offense if, knowing that he does not have the consent of the<br>owner, he takes, operates, or exercises control over an automobile, train, aircraft,<br>motorcycle, motorboat, or other motor-propelled vehicle of another.2.It is a defense to a prosecution under this section that the actor reasonably believed<br>that the owner would have consented had he known of the conduct on which the<br>prosecution was based.3.The offense is a class C felony if the vehicle is an aircraft or if the value of the use of<br>the vehicle and the cost of retrieval and restoration exceeds five hundred dollars.<br>Otherwise the offense is a class A misdemeanor.12.1-23-07. Misapplication of entrusted property.1.A person is guilty of misapplication of entrusted property if the person disposes of,<br>uses, or transfers any interest in property that has been entrusted to the person as a<br>fiduciary, or in the person's capacity as a public servant or an officer, director, agent,<br>employee of, or a person controlling a financial institution, in a manner that the<br>person knows is not authorized and that the person knows to involve a risk of loss or<br>detriment to the owner of the property or to the government or other person for<br>whose benefit the property was entrusted.2.Misapplication of entrusted property is:a.A class B felony if the value of the property misapplied exceeds ten thousand<br>dollars.b.A class C felony if the value of the property misapplied exceeds five hundred<br>dollars but does not exceed ten thousand dollars.c.A class A misdemeanor if the value of the property misapplied exceeds two<br>hundred fifty dollars but does not exceed five hundred dollars.Page No. 3d.A class B misdemeanor in all other cases.12.1-23-08. Defrauding secured creditors.1.An owner of property who creates a security interest in such property may not<br>intentionally alter, conceal, destroy, damage, encumber, transfer, remove, or<br>otherwise deal with property that is subject to the security interest without the prior<br>consent of the secured party if that action has the effect of hindering the<br>enforcement of the security interest.2.A person may not destroy, remove, damage, conceal, encumber, transfer, or<br>otherwise deal with property that is subject to a security interest with the intent to<br>prevent collection of the debt represented by the security interest.3.A person may not, at the time of sale of property that is subject to a security interest,<br>or is described in a certificate provided for under section 41-09-28, make false<br>statements as to the existence of security interests in the property, or as to the<br>ownership or location of the property.4.A violation of subsection 2 or 3 must be prosecuted as theft under section<br>12.1-23-02 or 12.1-23-04. Violation of subsection 2 or 3 is a class C felony if the<br>property has a value of more than five hundred dollars, as determined under<br>subsection 6 of section 12.1-23-05. In all other cases, violation of this section is a<br>class A misdemeanor.12.1-23-08.1. Removal of identification marks.1.A person commits the offense of removal of identification marks if he, with intent to<br>cause interruption of the ownership of another, defaces, erases, or otherwise alters<br>any serial number or identification mark placed or inscribed on any personal property<br>by the manufacturer or owner for the purpose of identifying the personal property or<br>its component parts, provided the personal property exceeds one hundred dollars in<br>value.A person removes identification marks if he attempts to or succeeds inerasing, defacing, altering, or removing a serial number or identification mark or part<br>thereof, on the personal property of another, that exceeds one hundred dollars in<br>value.2.A person who commits the offense of removal of identification marks on property or<br>its component parts which exceeds one hundred dollars in value is guilty of a class A<br>misdemeanor.12.1-23-08.2. Possession of altered property.1.A person is guilty of the offense of possession of altered property if he possesses<br>property the identifying features of which, including serial numbers or labels, have<br>been removed or in any fashion altered, knowing the serial number or identification<br>mark placed on the same by the manufacturer or owner for the purpose of<br>identification, has been erased, altered, changed, or removed for the purpose of<br>changing the identity of such personal property.2.A person who commits the offense of possession of altered property or its<br>component parts which exceed one hundred dollars in value, shall be guilty of a<br>class A misdemeanor. In the event that more than one item of personal property is<br>defaced, erased, or otherwise altered or unlawfully possessed, as specified in<br>sections 12.1-23-08.2 and 12.1-23-08.3, by an individual, then an offense is<br>determined to be committed under this section if the aggregate of the value of the<br>property so defaced, erased, or otherwise altered or unlawfully possessed is in<br>excess of one hundred dollars.Page No. 412.1-23-08.3. Dealing in stolen property.1.A person is guilty of the offense of dealing in stolen property if he:a.Traffics in, or endeavors to traffic in, the property of another that has been<br>stolen; orb.Initiates, organizes, plans, finances, directs, manages, or supervises the theft<br>and trafficking in the property of another that has been stolen.2.A person who commits the offense of dealing in stolen property in violation of:a.Subdivision a of subsection 1 shall be guilty of a class C felony; orb.Subdivision b of subsection 1 shall be guilty of a class B felony.12.1-23-08.4. Duplication of keys.1.Except as provided in subsection 2, no person shall duplicate or make a key from<br>another key marked with the words "Do Not Duplicate", "Do Not Copy", or words of<br>similar intent.2.It shall be an affirmative defense to prosecution under subsection 1 that:a.The person made or duplicated the key for his employer, solely for use within<br>the employer's place of business.b.The person for whom the key was made or duplicated owns the lock which the<br>key fits.3.Any person who violates any provision of this section is guilty of a class B<br>misdemeanor.12.1-23-09. Defenses and proof as to theft and related offenses.1.It is a defense to a prosecution under this chapter that:a.The actor honestly believed that he had a claim to the property or services<br>involved which he was entitled to assert in the manner which forms the basis<br>for the charge against him; orb.The victim is the actor's spouse, but only when the property involved constitutes<br>household or personal effects or other property normally accessible to both<br>spouses and the parties involved are living together. The term "spouse", as<br>used in this section, includes persons living together as husband and wife.2.It does not constitute a defense to a prosecution for conduct constituting an offense<br>in violation of this chapter that:a.Stratagem or deception, including the use of an undercover operative or law<br>enforcement officer, was employed;b.A facility or an opportunity to engage in such conduct, including offering for sale<br>property not stolen as if it were stolen, was provided; orc.Mere solicitation that would not induce an ordinary law-abiding person to<br>engage in such conduct was made by a law enforcement officer to gain<br>evidence against a person predisposed to engage in such conduct.Page No. 53.a.It is a prima facie case of theft under this chapter if it is shown that a public<br>servant or an officer, director, agent, employee of, or a person connected in any<br>capacity with a financial institution has failed to pay or account upon lawful<br>demand for money or property entrusted to him as part of his official duties or if<br>an audit reveals a shortage or falsification of his accounts.b.It is a prima facie case of theft under this chapter if it is shown that a person,<br>having successfully bid on and obtained an item at an auction, removed the<br>item from the auction premises without paying or making provisions to pay for<br>the item.c.Proof of the purchase or sale of stolen property at a price substantially below its<br>fair market value, unless satisfactorily explained, gives rise to an inference that<br>the person buying or selling the property was aware of the risk that it had been<br>stolen.d.Proof of the purchase or sale of stolen property by a dealer in property, out of<br>the regular course of business, or without the usual indicia of ownership other<br>than mere possession, unless satisfactorily explained, gives rise to an inference<br>that the person buying or selling the property was aware of the risk that it had<br>been stolen.4.The testimony of an accomplice, if believed beyond a reasonable doubt, is sufficient<br>for a conviction for conduct constituting an offense in violation of sections<br>12.1-23-08.1 through 12.1-23-08.3 when:a.Stratagem or deception, including the use of an undercover operative or law<br>enforcement officer, was employed;b.A facility or an opportunity to engage in such conduct including offering for sale<br>property not stolen as if it were stolen, was provided; orc.Mere solicitation that would not induce an ordinary law-abiding person to<br>engage in such conduct was made by a law enforcement officer to gain<br>evidence against a person predisposed to engage in such conduct.12.1-23-10. Definitions for theft and related offenses. In this chapter:1."Dealer in property" means a person who buys or sells property as a business.2."Deception" means:a.Creating or reinforcing a false impression as to fact, law, status, value,<br>intention, or other state of mind; or obtaining or attempting to obtain public<br>assistance by concealing a material fact, making a false statement or<br>representation, impersonating another, concealing the transfer of property<br>without adequate consideration, or using any other fraudulent method; but<br>deception as to a person's intention to perform a promise may not be inferred<br>from the fact alone that the person did not substantially perform the promise<br>unless it is part of a continuing scheme to defraud;b.Preventing another from acquiring information which would affect his judgment<br>of a transaction;c.Failing to correct a false impression which the actor previously created or<br>reinforced, or which he knows to be influencing another to whom he stands in a<br>fiduciary or confidential relationship;Page No. 6d.Failing to correct an impression which the actor previously created or reinforced<br>and which the actor knows to have become false due to subsequent events;e.Failing to disclose a lien, adverse claim, or other impediment to the enjoyment<br>of property which he transfers or encumbers in consideration for the property<br>obtained or in order to continue to deprive another of his property, whether such<br>impediment is or is not valid, or is or is not a matter of official record;f.Using a credit card, charge plate, or any other instrument which purports to<br>evidence an undertaking to pay for property or services delivered or rendered to<br>or upon the order of a designated person or bearer (1) where such instrument<br>has been stolen, forged, revoked, or canceled, or where for any other reason its<br>use by the actor is unauthorized, and (2) where the actor does not have the<br>intention and ability to meet all obligations to the issuer arising out of his use of<br>the instrument; org.Any other scheme to defraud. The term "deception" does not, however, include<br>falsifications as to matters having no pecuniary significance, or puffing by<br>statements unlikely to deceive ordinary persons in the group addressed.<br>"Puffing" means an exaggerated commendation of wares in communications<br>addressed to the public or to a class or group.3."Deprive" means:a.To withhold property or to cause it to be withheld either permanently or under<br>such circumstances that a major portion of its economic value, or its use and<br>benefit, has, in fact, been appropriated;b.To withhold property or to cause it to be withheld with the intent to restore it<br>only upon the payment of a reward or other compensation; orc.To dispose of property or use it or transfer any interest in it under<br>circumstances that make its restoration, in fact, unlikely.4."Fiduciary" means a trustee, guardian, executor, administrator, receiver, or any other<br>person acting in a fiduciary capacity, or any person carrying on fiduciary functions on<br>behalf of a corporation, limited liability company, or other organization which is a<br>fiduciary.5."Financial institution" means a bank, insurance company, credit union, safety deposit<br>company, savings and loan association, investment trust, or other organization held<br>out to the public as a place of deposit of funds or medium of savings or collective<br>investment.6."Obtain" means:a.In relation to property, to bring about a transfer or purported transfer of an<br>interest in the property, whether to the actor or another.b.In relation to services, to secure performance thereof.7."Property" means any money, tangible or intangible personal property, property<br>(whether real or personal) the location of which can be changed (including things<br>growing on, affixed to, or found in land and documents although the rights<br>represented thereby have no physical location), contract right, chose-in-action,<br>interest in or claim to wealth, credit, or any other article or thing of value of any kind.<br>"Property" also means real property the location of which cannot be moved if the<br>offense involves transfer or attempted transfer of an interest in the property.Page No. 78."Property of another" means property in which a person other than the actor or in<br>which a government has an interest which the actor is not privileged to infringe<br>without consent, regardless of the fact that the actor also has an interest in the<br>property and regardless of the fact that the other person or government might be<br>precluded from civil recovery because the property was used in an unlawful<br>transaction or was subject to forfeiture as contraband. Property in possession of the<br>actor shall not be deemed property of another who has a security interest therein,<br>even if legal title is in the creditor pursuant to a conditional sales contract or other<br>security agreement. "Owner" means any person or a government with an interest in<br>property such that it is "property of another" as far as the actor is concerned.9."Receiving" means acquiring possession, control, or title, or lending on the security<br>of the property.10."Services" means labor, professional service, transportation, telephone, mail or other<br>public service, gas, electricity and other public utility services, accommodations in<br>hotels, restaurants, or elsewhere, admission to exhibitions, and use of vehicles or<br>other property.11."Stolen" means property which has been the subject of theft or robbery or a vehicle<br>which is received from a person who is then in violation of section 12.1-23-06.12."Threat" means an expressed purpose, however communicated, to:a.Cause bodily injury in the future to the person threatened or to any other<br>person;b.Cause damage to property;c.Subject the person threatened or any other person to physical confinement or<br>restraint;d.Engage in other conduct constituting a crime;e.Accuse anyone of a crime;f.Expose a secret or publicize an asserted fact, whether true or false, tending to<br>subject a person living or deceased, to hatred, contempt, or ridicule or to impair<br>another's credit or business repute;g.Reveal any information sought to be concealed by the person threatened;h.Testify or provide information or withhold testimony or information with respect<br>to another's legal claim or defense;i.Take or withhold official action as a public servant, or cause a public servant to<br>take or withhold official action;j.Bring about or continue a strike, boycott, or other similar collective action to<br>obtain property or deprive another of his property which is not demanded or<br>received for the benefit of the group which the actor purports to represent;k.Cause anyone to be dismissed from his employment, unless the property is<br>demanded or obtained for lawful union purposes; orl.Do any other act which would not in itself substantially benefit the actor or a<br>group he represents but which is calculated to harm another person in a<br>substantial manner with respect to his health, safety, business, employment,<br>calling, career, financial condition, reputation, or personal relationship.Page No. 8Upon a charge of theft, the receipt of property in consideration for taking or<br>withholding official action shall be deemed to be theft by threat regardless of whether<br>the owner voluntarily parted with his property or himself initiated the scheme.13."Traffic" means:a.To sell, transfer, distribute, dispense, or otherwise dispose of to another person;<br>orb.To buy, receive, possess, or obtain control of, with intent to sell, transfer,<br>distribute, dispense, or otherwise dispose of to another person.12.1-23-11. Unauthorized use of personal identifying information - Penalty.1.As used in this section, "personal identifying information" means any of the following<br>information:a.An individual's name;b.An individual's address;c.An individual's telephone number;d.The distinguishing operator's license number assigned to an individual by the<br>department of transportation under section 39-06-14;e.An individual's social security number;f.An individual's employer or place of employment;g.An identification number assigned to the individual by the individual's employer;h.The maiden name of the individual's mother;i.The identifying number of a depository account in a financial institution; orj.An individual's birth, death, or marriage certificate.2.A person is guilty of an offense if the person uses or attempts to use any personal<br>identifying information of an individual, living or deceased, to obtain credit, money,<br>goods, services, or anything else of value without the authorization or consent of the<br>individual and by representing that person is the individual or is acting with the<br>authorization or consent of the individual. The offense is a class B felony if the<br>credit, money, goods, services, or anything else of value exceeds one thousand<br>dollars in value, otherwise the offense is a class C felony. A second or subsequent<br>offense is a class A felony.3.A violation of this section, of a law of another state, or of federal law that is<br>equivalent to this section and which resulted in a plea or finding of guilt must be<br>considered a prior offense.The prior offense must be alleged in the complaint,information, or indictment. The plea or finding of guilt for the prior offense must have<br>occurred before the date of the commission of the offense or offenses charged in the<br>complaint, information, or indictment.4.A prosecution for a violation of this section must be commenced within six years<br>after discovery by the victim of the offense of the facts constituting the violation.5.When a person commits violations of this section in more than one county involving<br>either one or more victims or the commission of acts constituting an element of thePage No. 9offense, the multiple offenses may be consolidated for commencement of<br>prosecution in any county where one of the offenses was committed.12.1-23-12.Jurisdiction - Conduct outside this state.Notwithstanding section29-03-01.1, a person who, while outside this state and by use of deception, obtains, deprives, or<br>conspires, solicits, or attempts to obtain the property of a person within this state or to deprive the<br>person of property is subject to prosecution under this chapter in the courts of this state. Except<br>as provided in section 12.1-23-11, the venue is in the county in which the victim resides or any<br>other county in which any part of the crime occurred.12.1-23-13. Distribution and use of theft detection shielding devices.1.A person is guilty of unlawful distribution of a theft detection shielding device if the<br>person knowingly manufactures, sells, offers for sale, or distributes any laminated or<br>coated bag or device peculiar to shielding and intended to shield merchandise from<br>detection by an electronic or magnetic theft alarm sensor.2.A person is guilty of unlawful possession of a theft detection shielding device if the<br>person knowingly possesses any laminated or coated bag or device peculiar to and<br>designed for shielding and intended to shield merchandise from detection by an<br>electronic or magnetic theft alarm sensor, with the intent to commit theft.3.A person is guilty of unlawful possession of a theft detection device deactivator or<br>remover if the person knowingly possesses any tool or device designed to allow the<br>deactivation or removal of any theft detection device from any merchandise without<br>the permission of the merchant or person owning or holding the merchandise.4.A person is guilty of unlawful deactivation or removal of a theft detection device if the<br>person intentionally deactivates or removes the device from a product before<br>purchase.5.A person is guilty of unlawful distribution of a theft detection device deactivator or<br>remover if the person knowingly manufactures, sells, offers for sale, or distributes<br>any tool or device designed to allow the deactivation or removal of a theft detection<br>device from merchandise without the permission of the merchant or person owning<br>or holding the merchandise.6.An offense under subsections 1 and 5 is a class C felony.An offense undersubsections 2, 3, and 4 is a class A misdemeanor.12.1-23-14. Detention of persons suspected of unlawful use or removal of theftdetection devices - Reasonable cause.1.The activation of an antishoplifting or inventory control device as a result of a person<br>exiting the establishment or a protected area within the establishment constitutes<br>reasonable cause for the detention of the person exiting by the owner or operator of<br>the establishment or by an agent or employee of the owner or operator, provided<br>sufficient notice has been posted to advise the patrons that the device is being<br>utilized.Each detention must be made in a reasonable manner and only for areasonable period of time sufficient for any inquiry into the circumstances<br>surrounding the activation of the device or for the recovery of goods.2.If the taking into custody and detention of the person by a law enforcement officer,<br>security officer, merchant, or merchant's employee is done in compliance with the<br>requirements of this section, the law enforcement officer, security officer, merchant,<br>or merchant's employee may not be held criminally or civilly liable, including any<br>liability for false arrest,falseimprisonment,unlawfuldetention,maliciousprosecution, intentional infliction of emotional distress, or defamation.Page No. 1012.1-23-15.Purchase of beer kegs - Penalty.A recycler, scrap metal dealer, orscrapyard operator may not purchase a metal beer keg, whether damaged or undamaged,<br>except from the brewer or the brewer's authorized representative, if:1.The keg is clearly marked as the property of a brewery manufacturer; or2.The keg's identification markings have been made illegible.A person who willfully violates this section is guilty of a class B misdemeanor.Page No. 11Document Outlinechapter 12.1-23 theft and related offenses
