Page:2019 North Dakota Session Laws.pdf/450

Criminal Code CHAPTER 110

SENATE BILL NO. 2044

(Senators Myrdal, Unruh, Oehlke)

(Representatives Schmidt, Damschen)

AN ACT to amend and reenact section 12.1-21-06 of the North Dakota Century Code, relating to tampering with or damaging a critical infrastructure facility or a public service; and to provide a penalty.

BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:

SECTION 1. AMENDMENT. Section 12.1-21-06 of the North Dakota Century Code is amended and reenacted as follows:

12.1-21-06. Tampering with or damaging a critical infrastructure facility or a public service - Penalty.

1. A person is guilty of an offense if he causesAn individual may not cause a substantial interruption or impairment of a public communication, transportation, supply of water, gas, power, or othercritical infrastructure facility or a public service by:

a. Tampering with or damaging the tangible property of another;

b. Incapacitating an operator of sucha critical infrastructure facility or a public service; or

c. Negligently damaging the tangible property of another by fire, explosive, or other dangerous means.Damaging, destroying, vandalizing, defacing, or tampering with equipment in a critical infrastructure facility;

d. Damaging, destroying, vandalizing, defacing, impeding, inhibiting, or tampering with the operations of a critical infrastructure facility; or

e. Interfering, inhibiting, impeding, or preventing the construction or repair of a critical infrastructure facility.

2. The offenseA violation of this section is a class C felony if the actor engages in the conduct intentionally and a class A misdemeanor if the actor engages in the conduct knowingly or recklessly. Otherwise it is a class B misdemeanor.

3. This section does not apply to an employee or contractor acting within the scope of the employee's or contractor's employment. As used in this subsection, "employee or contractor" means any person hired or under contract to provide services to a critical infrastructure facility or public service.

4. An organization that has pled guilty or been convicted of a violation under section 12.1-06-04 for conspiring with an individual who has pled guilty or been convicted under subsection 1 must be assessed a fine equivalent to the penalty authorized by subsection 2 for each individual who has pled guilty or