Page:1973 North Dakota Session Laws.pdf/237

CRIMES misdemeanor if he recklessly permits an escape and is guilty of a class B misdemeanor if he negligently permits an escape, "Official detention" has the meaning prescribed in subsection 3 of section 12.1-08-06.

12.1-08-08. INCITING OR LEADING RIOT IN DETENTION FACILITIES.) 1. A person is guilty of a class C felony if, with intent to cause, continue, or enlarge a riot, he solicits a group of five or more persons to engage in a riot in a facility used for official detention or engages in conduct intended to serve as the beginning of or signal for such riot, or participates in planning such riot, or, in the course of such riot, issues commands or instructions in furtherance thereof.

2. In this section:

a. "Riot" means a disturbance involving an assemblage of five or more persons which by tumultuous and violent conduct creates grave danger of damage or injury to property or persons or substantially obstructs the operation of the facility or other government function; and

b. "Official detention" has the meaning prescribed in subsection 3 of section 12.1-08-06.

12.1-08-09 INTRODUCING OR POSSESSING CONTRABAND USEFUL FOR ESCAPE.) 1. A person is guilty of a class C felony if he unlawfully provides an inmate of an official detention facility with any tool, weapon, or other object which may be useful for escape. Such person is guilty of a class B felony if the object is a firearm, destructive device, or other dangerous weapon.

2. An inmate of an official detention facility is guilty of a class C felony if he unlawfully procures, makes, or otherwise provides himself with, or has in his possession, any tool, weapon, or other object which may be useful for escape. Such person is guilty of a class B felony if the object is a firearm, destructive device, or other dangerous weapon.

3. In this section:

a. "Unlawfully" means surreptitiously or contrary to a statute or regulation, rule, or order issued pursuant thereto; and

b. "Official detention" has the meaning prescribed in subsection 3 of section 12.1-08-06

SECTION 9.) Chapter 12.1-09 of the North Dakota Century Code is hereby created and enacted to read as follows:

12.1-09-01. TAMPERING WITH WITNESSES AND INFORMANTS IN PROCEEDINGS.)