Page:2017 North Dakota Session Laws.pdf/505

Criminal Code d. Any commission, corporation, or agency established by statute, compact, or contract between or among governments for the execution of intergovernmental programs.

13.12. "Governmental function" includes any activity whichthat one or more public servants are legally authorized to undertake on behalf of government.

14.13. "Harm" means loss, disadvantage, or injury to the person affected, and includes loss, disadvantage, or injury to any other person in whose welfare the person affected is interested.

15.14. "Included offense" means an offense:

a. whichthat is established by proof of the same or less than all the facts required to establish commission of the offense charged;

b. whichthat consists of criminal facilitation of or an attempt or solicitation to commit the offense charged; or

c. whichthat differed from the offense charged only in that it constitutes a less serious harm or risk of harm to the same person, property, or public interest, or because a lesser degree of culpability suffices to establish its commission.

16.15. "Includes" should be read as if the phrase "but is not limited to" were also set forth.

17.16. "Law enforcement officer" or "peace officer" means a public servant authorized by law or by a government agency or branch to enforce the law and to conduct or engage in investigations or prosecutions for violations of law.

18.17. "Local" means of or pertaining to any political subdivision of the state.

19.18. "Manifest injustice" means a specific finding by the court that the imposition of sentence is unreasonably harsh or shocking to the conscience of a reasonable individual, with due consideration of the totality of circumstances.

20.19. "Offense" means conduct for which a term of imprisonment or a fine is authorized by statute after conviction.

21.20. "Official action" includes a decision, opinion, recommendation, vote, or other exercise of discretion by any government agency.

22.21. "Official proceeding" means a proceeding heard or which may be heard before any government agency or branch or public servant authorized to take evidence under oath, including any referee, hearing examiner, commissioner, notary, or other person taking testimony or a deposition in connection with any such proceeding.

23.22. "Omission" means a failure to act.

24.23. As used in this title and in sections outside this title which define offenses, "person" includes, where relevant, a corporation, limited liability company, partnership, unincorporated association, or other legal entity. When used to