Page:1973 North Dakota Session Laws.pdf/239

CRIMES 12.1-09-02. TAMPERING WITH INFORMANTS IN CRIMINAL INVESTIGATIONS.) A person is guilty of a class C felony if, believing another may have information relating to an offense, he deceives such other person or employs force, threat, or bribery with intent to hinder, delay, or prevent communication of such information to a law enforcement officer. The affirmative defense in subdivision b of subsection 3 of section 12,1-09-01 applies to this section.

12.1-09-03. TAMPERING WITH PHYSICAL EVIDENCE)

1. A person is guilty of an offense if, believing an official proceeding is pending or about to be instituted, or believing process, demand, or order has been issued or is about to be issued, he alters, destroys, mutilates, conceals, or removes a record, document, or thing with intent to impair its verity or availability in such official proceeding or for the purposes of such process, demand, or order.

2. The offense is a class C felony if the actor substantially obstructs, impairs, or perverts prosecution for a felony. Otherwise it is a class A misdemeanor.

3. In this section, "process, demand, or order" means process, demand, or order authorized by law for the seizure, production, copying, discovery, or examination of a record, document, or thing.

12.1-09-04. HARASSMENT OF AND COMMUNICATION WITH JURORS.)

1. A person is guilty of a class A misdemeanor if, with intent to influence the official action of another as juror, he communicates with him orally or by means of a sound broadcasting or transmitting device, other than as part of the proceedings in a case, or harasses or alarms him. Conduct directed against the juror's spouse or other relative residing in the same household with the juror shall be deemed conduct directed against the juror.

2. In this section, "juror" means a grand juror or a petit juror and includes a person who has been drawn or summoned to attend as a prospective juror, and any referee, arbitrator, umpire, or assessor authorized by law to hear and determine any controversy.

12.1-09-05. EAVESDROPPING ON JURY DELIBERATIONS.)

1. A person is guilty of a class A misdemeanor if he intentionally:

a. Records the proceedings of a jury while such jury is deliberating or voting; or

b. Listens to or observes the proceedings of any jury of which he is not a member while such jury is deliberating or voting.

2. This section shall not apply to the taking of notes by a juror in connection with and solely for the purpose of assisting him in the performance of his official duties. Nor does this section apply to a person studying the jury process in the manner provided by statute, and under the control and supervision of the court. Inapplicability under this subsection is a defense.