Page:Revised Codes of the State of North Dakota 1895.pdf/1348

§§ 7470-7477 property was appropriated openly and avowedly, and under a claim of title preferred in good faith even though such claim is untenable. But this provision shall not excuse the retention of the property of another, to offset or pay a demand held against him.

§ 7470. Intent to restore no defense. The fact that the accused intended to restore the property embezzled, is no ground of defense or of mitigation of punishment, if it has not been restored before a complaint has been laid before a magistrate, charging the commission of the offense.

§ 7471. Mitigation of punishment. Whenever it is made to appear that prior to any complaint laid before a magistrate charging the commission of embezzlement, the person accused voluntarily and actually restored or tendered restoration of the property alleged to have been embezzled or any part thereof, such fact is not a ground of defense to the information or indictment, but it authorizes the court to mitigate punishment in its discretion.

§ 7472. Punishment of embezzlement. Every person guilty of embezzlement is punishable in the manner prescribed for feloniously stealing property of the value of that embezzled. And when the property embezzled is an evidence of debt or right in action, the sum due upon it or secured to be paid by it, shall be taken as its value.

CHAPTER 50.

EXTORTION.

§ 7473. Extortion defined. Extortion is the obtaining of property from another with his consent, induced by a wrongful use of force or fear, or under color of official right.

§ 7474. Threats constituting extortion. Fear such as will constitute extortion, may be induced by a threat, either:

1. To do an unlawful injury to the person or property of the individual threatened, or to any relative of his or member of his family:

2. To accuse him, or any relative of his or member of his family, of any crime; or,

3. "To expose, or impute to him or them, any deformity or disgrace;

4. To expose any secret affecting him or them.

§ 7475. Punishment of extortion. Every person who extorts any money or other property from another, under circumstances not amounting to robbery, by means of force or any threat such as is mentioned in the last section, is punishable by imprisonment in the penitentiary not less than one and not exceeding five years. § 7476. Same under official right. Every person who commits any extortion under color of official right, in cases for which a different punishment is prescribed by this code, or by some of the statutes which it specifies as continuing in force, is guilty of a misdemeanor.

§ 7477. Obtaining signature. Every person who, by any extortionate means, obtains from another his signature to any paper 1314