Page:1973 North Dakota Session Laws.pdf/240

240 3. In this section, "jury" means grand jury or petit jury, and "juror" means grand juror or petit juror.

12.1-09-06, NONDISCLOSURE OF RETAINER IN CRIMINAL MATTER.)

1. A person employed for compensation to influence the official action of a public servant with respect to: the initiation, conduct, or dismissal of a prosecution; b. the imposition or modification of a sentence; or c. the granting of parole or probation is guilty of a class A misdemeanor if he privately addresses to such public servant any representation, entreaty, argument, or other communication intended to influence official action without disclosing the fact of such employment, knowing that the public servant is unaware of it.

2. This section does not apply to an attorney at law or to a person authorized by statute or regulation to act in a representative capacity with respect to the official action when he is acting in such capacity and makes known to the public servant or has indicated in any manner authorized by law that he is acting in such capacity. Inapplicability under this subsection is a defense.

SECTION 10.) Chapter 12.1-10 of the North Dakota Century Code is hereby created and enacted to read as follows:

12.1-10-01. CRIMINAL CONTEMPT.) 1. A court of this state has power to punish for contempt of its authority only for the following affenses:

a. Misbehavior of any person in its presence or so near thereto as to obstruct the administration of justice;

b. Misbehavior of any of its officers in their official transactions; or

c. Disobedience or resistance to its lawful writ, process, order, rule, decree, or command.

2. Except as otherwise provided, a criminal contempt proceeding under this section shall be deemed a prosecution for an offense for the purposes of chapters 12.1-01 through 12.1-05 and chapter 12.1-32. Criminal contempt shall be treated as a class B misdemeanor, except that the defendant may be sentenced to a term of imprisonment of no more than six months, and, if the criminal contempt is disobedience of or resistance to a court's lawful temporary restraining order or preliminary or final injunction or other final order, other than for the payment of money, the defendant may be sentenced to pay a fine in any amount deemed just by the court.

3. A criminal contempt proceeding under this section is not a bar to subsequent prosecution for a specific offense if the court certifies in the judgment of conviction of criminal contempt, or the order terminating the proceeding without acquittal or dismissal, that a summary criminal contempt proceeding was necessary to prevent