Page:1973 North Dakota Session Laws.pdf/245

CRIMES or other state of mind only if the representation clearly relates to state of mind apart from or in addition to any facts which are the subject of the representation.

12.1-11-05. TAMPERING WITH PUBLIC RECORDS.) 1. A person is guilty of an offense if he:

a. Knowingly makes a false entry in or false alteration of a government record; or

b. Knowingly, without lawful authority, destroys, conceals, removes, or otherwise impairs the verity or availability of a government record; or

2. The offense is:

a. A class C felony if committed by a public servant who has custody of the government record; and

b. A class A misdemeanor if committed by any other person.

3. In this section "government record" means:

a. Any record, document, or thing belonging to, or received or kept by the government for information or record; and

b. Any other record, document, or thing required to be kept by law, pursuant, in fact, to a statute which expressly invokes the sanctions of this section.

12.1-11-06. PUBLIC SERVANT REFUSING TO PERFORM DUTY.) Any public servant who knowingly refuses or neglects to perform any duty imposed upon him by law is guilty of a class A misdemeanor.

SECTION 12.) Chapter 12.1-12 of the North Dakota Century Code is hereby created and enacted to read as follows:

12.1-12-01 BRIBERY.) 1. A person is guilty of bribery, a class C felony, if he knowingly offers, gives, or agrees to give to another, or solicits, accepts, or agrees to accept from another, a thing of value as consideration for:

a. The recipient's official action as a public servant; or

b. The recipient's violation of a known legal duty as a public servant.

2. It is no defense to a prosecution under this section that a recipient was not qualified to act in the desired way whether because he had not yet assumed office, or lacked jurisdiction, or for any other reason.

3. A prime facie case is established under this section upon proof that the actor knew that a thing of pecuniary value was offered,