Page:1973 North Dakota Session Laws.pdf/219

CRIMES 13. "Governmental function" includes any activity which one or more public servants are legally authorized to undertake on behalf of government;

14. "Harm" means logs, disadvantage, or injury to the person affected, and includes loss, disadvantage, or injury to any other person in whose welfare he is interested;

15. "Included offense" means an offense: a. which is established by proof of the same or less than all the facts required to establish commission of the offense charged; b. which consists of criminal facilitation of or an attempt or solicitation to commit the offense charged; or c. which differed from the offense charged only in that it constitutes a less serious harm or risk of harm to the same person, property, or public interest, or because a lesser degree of culpability suffices to establish its commission;

16. "Includes" should be read as if the phrase "but is not limited to" were also set forth;

17. "Judge" includes a county justice;

18. "Law enforcement officer" or "peace officer" means a public servant authorized by law or by a government agency or branch to enforce the law and to conduct or engage in investigations or prosecutions for violations of law;

19. "Local" means of or pertaining to any political subdivision of the state;

20. "Misdemeanor" means an offense for which a term of imprisonment of one year or less is authorized by statute;

21. "Offense" means conduct for which a term of imprisonment or a fine is authorized by statute after conviction;

22. "Official action" includes a decision, opinion, recommendation, vote, or other exercise of discretion by any governmental agency:

23. "Official proceeding" means a proceeding heard or which may be heard before any government agency or branch or public servant authorized to take evidence under oath, including any referee, hearing examiner, commissioner, notary, or other person taking testimony or a deposition in connection with any such proceeding;

24. "Omission" means a failure to act;

25. "Person" includes, where relevant, a corporation, partnership, unincorporated association, or other legal entity. When used to designate a party whose property may be the subject of action constituting an offense, the word "person" includes a government which may lawfully own property in this state;