Page:1973 North Dakota Session Laws.pdf/241

CRIMES repetition of misbehavior disruptive of an ongoing proceeding and that subsequent prosecution as a specific offense is warranted. In a subsequent prosecution, the defendant shall receive credit for all time spent in custody and any fine paid by him pursuant to the criminal contempt proceeding.

4. This section shall not be construed to deprive a court of its power, by civil contempt proceedings, to compel compliance with its lawful writ, process, order, rule, decree, or command, or to compensate a complainant for losses sustained by reason of disobedience or resistance thereto, in accordance with the prevailing usages of law and equity, including the power of detention.

12.1-10-02 FAILURE TO APPEAR AS WITNESS, TO PRODUCE INFORMATION, OR TO BE SWORN.) 1. A person who has been lawfully ordered to appear at a specified time and place to testify or to produce information in an official proceeding is guilty of a class A misdemeanor if, without lawful privilege, he fails to appear or to produce the information at time and place.

2. A person attending an official proceeding is guilty of a class A misdemeanor if, without lawful privilege, he fails to comply with a lawful order:

a. To occupy or remain at the designated place from which he is to testify as a witness in such proceeding; or

b. To be sworn or to make equivalent affirmation as a witness in such proceeding.

3. It is a defense to a prosecution under this section that the defendant:

a. Was prevented from appearing at the specified time and place or unable to produce the information because of circumstances to the creation of which he did not contribute in reckless disregard of the requirement to appear or to produce; ог

b. Complied with the order before his failure to do so substantially affected the proceeding.

4. In this section, and in section 12.1-10-03:

a. "Official proceeding" means:

(1) An official proceeding before a judge or court of this state, a magistrate, or a grand jury.

(2) An official proceeding before the legislative assembly, or one of its session or interim committees.

(3) An official proceeding in which, pursuant to lawful