Page:1973 North Dakota Session Laws.pdf/234

234 knowingly casts contempt upon any flag of the United States by publicly mutilating, defacing, defiling, burning, or trampling upon it.

2. The term "flag of the United States" as used in this section shall include any flag, standard, colors, ensign, or any picture or representation of either, or of any part or parts of either, made of any substance or represented on any substance, of any size evidently purporting to be either of said flag, standard, colors, or ensign of the United States of America, or a picture or a representation of either, upon which shall be shown the colors, the stars and the stripes, in any number of either thereof, or of any part or parts of either, by which the average person seeing the same without deliberation may believe the same to represent the flag, standard, colors, or ensign of the United States of America,

SECTION 8.) Chapter 12.1-08 of the North Dakota Century Code is hereby created and enacted to read as follows:

12.1-08-01 PHYSICAL OBSTRUCTION OF GOVERNMENT FUNCTION.) 1. A person is guilty of a class A misdemeanor if, by physical interference or obstacle, he intentionally obstructs, impairs, or perverts the administration of law or other government function.

2. This section does not apply to the conduct of a person obstructing arrest of himself, but such conduct is subject to section 12.1-08-02. This section does apply to the conduct of a person obstructing arrest of another. Inapplicability under this subsection is a defense.

3. It is a defense to a prosecution under this section that the administration of law or other government function was not lawful, but it is no defense that the defendant mistakenly believed that the administration of law or other government function was not lawful. For the purposes of this subsection, the conduct of a public servant acting in good faith and under color of law in the execution of a warrant or other process for arrest or search and seizure shall be deemed lawful.

12.1-08-02. PREVENTING ARREST OR DISCHARGE OF OTHER DUTIES.) 1. A person is guilty of a class A misdemeanor if, with intent to prevent a public servant from effecting an arrest of himself or another, or from discharging any other official duty, he creates a substantial risk of bodily injury to the public servant or to anyone except himself, or employs means justifying or requiring substantial force to overcome resistance to effecting the arrest or the discharge of the duty.

2. It is a defense to a prosecution under this section that the public servant was not acting lawfully, but it is no defense that the defendant mistakenly believed that the public servant was not acting lawfully. A public servant executing a warrant or other process in good faith and under color of law shall be deemed to be acting lawfully.