Page:1973 North Dakota Session Laws.pdf/224

224 a. "Organization" means any legal entity, whether or not organized as a corporation or unincorporated association, but does not include an entity organized or by a governmental agency for the execution of a governmental program; and

b. "Agent" means any partner, director, officer, servant, employee, or other person authorized to act in behalf of an organization.

2. Nothing in this chapter shall limit or extend the criminal liability of an unincorporated association,

SECTION 4.) Chapter 12.1-04 of the North Dakota Century Code is hereby created and enacted to read as follows:

12.1-04-01. JUVENILES.) Persons under the age of seven years shall be deemed incapable of commission of an offense defined by the Constitution or statutes of this state. The prosecution of any person as an adult shall be barred if the offense was committed when the person was less than sixteen years of age.

12.1-04-02. INTOXICATION.) 1. Intoxication is a defense to the criminal charge only if it negates the culpability required as an element of the offense charged. In any prosecution for an offense, evidence of intoxication of the defendant may be admitted whenever it is relevant to negate the culpability required as an element of the offense charged, except as provided in subsection 2 of this section.

2. A person is reckless with respect to an element of an offense even though his disregard thereof is not conscious, if his not being conscious thereof is due to self-induced intoxication.

12.1-04-03 MENTAL DISEASE OR DEFECT.) A person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity to appreciate the criminality of his conduct or to conform his conduct to the requirements of law. "Mental disease or defect" does not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct. Lack of criminal responsibility under this section is a defense.

12.1-04-04.) No person who, as a result of mental disease or defect, lacks capacity to understand the proceedings against him or to assist in his own defense shall be tried, convicted, or sentenced for the commission of an offense so long as such incapacity endures.

12.1-04-05.) Evidence of mental disease or defect submitted for the purpose of excluding responsibility is not admissible unless the defendant, not later than the time of entering his plea of not guilty or within ten days thereafter or at such later time as the court may for good cause permit, files a written notice of his purpose to rely on such defense.

12.1-04-06.) Whenever the defendant has filed a notice of intention to rely on the defense of mental disease or defect for the purpose of excluding responsibility, or there is reason to doubt his