Page:2021 North Dakota Session Laws.pdf/405

Rh CHAPTER 107

SENATE BILL NO. 2166

(Senators Vedaa, Hogue, O. Larsen, Larson)

(Representatives D. Anderson, Thomas)

AN ACT to amend and reenact sections 12.1-23-05 and 12.1-23-10 of the North Dakota Century Code, relating to theft offenses; to provide a penalty; and to declare an emergency.

BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:

'''SECTION 1. AMENDMENT.''' Section 12.1-23-05 of the North Dakota Century Code is amended and reenacted as follows:

12.1-23-05. Grading of theft offenses.

1. Notwithstanding subsection 3, theft under this chapter is a class A felony if the property or services stolen exceed fifty thousand dollars in value.

2. Notwithstanding the provisions of subsection 3, theft under this chapter is a class B felony if the property or services stolen exceed ten thousand dollars in value but do not exceed fifty thousand dollars or are acquired or retained by a threat to commit a felony.

3. Theft under this chapter is a class C felony if:

a. The property or services stolen exceed one thousand dollars in value;

b. The property or services stolen are acquired or retained by threat and (1) are acquired or retained by a public servant by a threat to take or withhold official action, or (2) exceed one hundred dollars in value;

c. The property or services stolen exceed one hundred dollars in value and are acquired or retained by a public servant in the course of official duties;

d. The property stolen is a firearm, ammunition, or an explosive or destructive device;

e. The property consists of any government file, record, document, or other government paper stolen from any government office or from any public servant;

f. The defendant is in the business of buying or selling stolen property and the defendant receives, retains, or disposes of the property in the course of that business;

g. The property stolen consists of any implement, paper, or other thing uniquely associated with the preparation of any money, stamp, bond, or other document, instrument, or obligation of this state;