Page:1973 North Dakota Session Laws.pdf/220

220 26. "Property" includes both real and personal property;

27. "Public servant" means any officer or employee of government, including law enforcement officers, whether elected or appointed, and any person participating in the performance of a governmental function, but the term does not include witnesses;

28. "Serious bodily injury" means bodily injury which creates a substantial risk of death or which causes serious permanent disfigurement, unconsciousness, extreme pain, or permanent or protracted loss or impairment of the function of any bodily member or organ;

29. "Signature" includes any name, mark, or sign written or affixed with intent to authenticate any instrument or writing;

30. "Thing of value" or "thing of pecuniary value" means a thing of value in the form of money, tangible or intangible property, commercial interests or anything else the primary significance of which is economic gain to the recipient; and

31. Writing includes printing, typewriting, and copying.

Words used in the singular include the plural, and the plural the singular. Words in the masculine gender include the feminine and neuter genders. Words used in the present tense include the future tense, but exclude the past tense.

SECTION 2.) Chapter 12.1-02 of the North Dakota Century Code is hereby created and enacted to read as follows:

12.1-02-01. BASIS OF LIABILITY FOR OFFENSES.) 1. A person commits an offense only if he engages in conduct, including an act, an omission, or possession, in violation a statute which provides that the conduct is an offense.

2. A person who omits to perform an act does not commit an offense unless he has a legal duty to perform the act, nor shall such an omission be an offense if the act is performed on his behalf by a person legally authorized to perform it.

12.1-02-02. REQUIREMENTS OF CULPABILITY.) 1. For the purposes of this title, a person engages in conduct:

a. "Intentionally if, when he engages in the conduct, it is his purpose to do so;

b. "Knowingly" if, when he engages in the conduct, he knows or has a firm belief, unaccompanied by substantial doubt, that he is doing so, whether or not it is his purpose to do so;

c. "Recklessly" if he engages in the conduct in conscious and clearly unjustifiable disregard of a substantial likelihood