Page:1973 North Dakota Session Laws.pdf/233

CRIMES 4. It is no defence to a prosecution under this section that the person with whom such person is alleged to have conspired has been acquitted, has not been prosecuted or convicted, has been convicted of a different offense, is immune from prosecution, or is otherwise not subject to justice.

5. Accomplice liability for offenses committed in furtherance of the conspiracy is to be determined as provided in section 12.1-03-01.

6. Conspiracy shall be subject to the penalties provided for attempt in subsection 3 of section 12.1-06-01.

12.1-06-05. GENERAL PROVISIONS.) 1. The definition of an offense in sections 12.1-06-01 to 12.1-06-04 shall not apply to another offense also defined in sections 12.1-06-01 to 12.1-06-04.

2. Whenever "attempt" or "conspiracy" is made an offense outside this chapter, it shall mean attempt or conspiracy, as the case may be, as defined in this chapter.

3. a. In a prosecution under section 12.1-06-01, it is an affirmative defense that, under circumstances manifesting a voluntary and complete renunciation of his criminal intent, the defendant avoided the commission of the crime attempted by abandoning his criminal effort and, if mere abandonment was insufficient to accomplish such avoidance, by taking further and affirmative steps which prevented the commission thereof.

b. In a prosecution under sections 12,1-06-03 or 12.1-06-04, it is an affirmative defense that, under circumstances manifesting a voluntary and complete renunciation of his criminal intent, the defendant prevented the commission of the crime solicited or of the crime or crimes contemplated by the conspiracy.

c. A renunciation is not "voluntary and complete" within the meaning of this section if it is motivated in whole or in part by (1) a belief that a circumstance exists which increases the probability of detection of apprehension of the defendant or another participant in the criminal operation, or which makes more difficult the consummation of the crime, or (2) a decision to postpone the criminal conduct until another time or to substitute another victim, or another but similar objective.

SECTION 7.) Chapter 12.1-07 of the North Dakota Century Code is hereby created and enacted to read as follows:

12.1-07-01. TREASON.) Treason as defined in section 19 of the Constitution of the state of North Dakota is a class A felony.

12.1-07-02. DESECRATION OF THE FLAG OF THE UNITED STATES.) 1. A person is guilty of a class A misdemeanor if he