Page:1973 North Dakota Session Laws.pdf/249

CRIMES b. Speculates or wagers on the basis of such information or official action; or

c. Aids another to do any of the foregoing.

2. A person is guilty of a class A misdemeanor if as a public servant he takes official action which is likely to benefit him as a result of an acquisition of a pecuniary interest in any property, transaction, or enterprise, or of a speculation or wager, which he made, or caused or aided another to make, in contemplation of such official action.

12.1-13-03. PUBLIC SERVANT'S INTEREST IN PUBLIC CONTRACTS.) 1. Every public servant authorized to sell or lease any property, or to make any contract in his official capacity, alone or in conjunction with other public servants, who voluntarily becomes interested individually in the sale, lease, or contract, directly or indirectly, is guilty of a class A misdemeanor.

2. Subsection 1 shall not apply to:

a. Contracts of purchase or employment between a political subdivision and an officer of that subdivision, if the contracts are first unanimously approved by the other members at a meeting of the governing body of the political subdivision, and a unanimous finding is entered in the official minutes of that body that the contract is necessary because the services or property contracted for are not otherwise obtainable at equal cost.

b. Sales, leases, or contracts entered into between school boards and school board members or school officers.

12.1-13-04. IMPERSONATING OFFICIALS.) 1. A person is guilty of an offense if he falsely pretends to be:

a. A public servant and acts as if to exercise the authority of such public servant; or

b. A public servant or a former public servant and thereby obtains a thing of value.

2. It is no defense to prosecution under this section that the pretended capacity did not exist or the pretended authority could not legally or otherwise have been exercised or conferred.

3. An offense under subdivision b of subsection 1 is a class A misdemeanor. An offense under subdivision a of subsection 1 is a class B misdemeanor.

SECTION 14.) Chapter 12.1-14 of the North Dakota Century Code is hereby created and enacted to read as follows: