North Dakota Code 12.1-05-05 – Use of force by persons with parental, custodial, or similar responsibilities
The use of force upon an individual is justified under any of the following circumstances:
Terms Used In North Dakota Code 12.1-05-05
- Bodily injury: means any impairment of physical condition, including physical pain. See North Dakota Code 12.1-01-04
- Court: means any of the following courts: the supreme court, a district court, and where relevant, a municipal court. See North Dakota Code 12.1-01-04
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Force: means physical action. See North Dakota Code 12.1-01-04
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Individual: means a human being. See North Dakota Code 1-01-49
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: includes , where relevant, a corporation, limited liability company, partnership, unincorporated association, or other legal entity. See North Dakota Code 12.1-01-04
- Serious bodily injury: means bodily injury that creates a substantial risk of death or which causes serious permanent disfigurement, unconsciousness, extreme pain, permanent loss or impairment of the function of any bodily member or organ, a bone fracture, or impediment of air flow or blood flow to the brain or lungs. See North Dakota Code 12.1-01-04
- written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
1. Except as provided in section 15.1-19-02, a parent, guardian, or other person responsible for the care and supervision of a minor, or other person responsible for the care and supervision of a minor for a special purpose, or person acting at the direction of any of the foregoing persons, may use reasonable force upon the minor for the purpose of safeguarding or promoting the minor’s welfare, including prevention and punishment of the minor’s misconduct, and the maintenance of proper discipline.
a. If the person using reasonable force for the prevention and punishment of the minor’s misconduct or the maintenance of proper discipline is a paid caregiver, that person must be acting under written direction of the parent or guardian of the minor.
b. The reasonable force may be used for this purpose, regardless of whether the reasonable force is “necessary” as required by subsection 1 of section 12.1-05-07.
c. The reasonable force used may not create a substantial risk of death, serious bodily injury, disfigurement, or gross degradation.
2. A guardian or other person responsible for the care and supervision of an individual who is incompetent, or a person acting at the direction of the guardian or responsible person, may use reasonable force upon the individual for the purpose of safeguarding or promoting the welfare of the individual, including the prevention of the individual’s misconduct or, if the individual is in a hospital or other institution for care and custody, for the purpose of maintaining reasonable discipline in the institution.
a. The force may be used for these purposes, regardless of whether the force is “necessary” as required by subsection 1 of section 12.1-05-07.
b. The force used may not create a substantial risk of death, serious bodily injury, disfigurement, or gross degradation.
3. A person responsible for the maintenance of order in a vehicle, train, vessel, aircraft, or other carrier, or in a place in which others are assembled, or a person acting at the responsible person’s direction, may use force to maintain order.
4. A duly licensed physician, or a person acting at a duly licensed physician’s direction, may use force in order to administer a recognized form of treatment to promote the physical or mental health of a patient if the treatment is administered:
a. In an emergency; b. With the consent of the patient, or, if the patient is a minor or an individual who is incompetent, with the consent of the patient’s parent, guardian, or other person entrusted with the patient’s care and supervision; or
c. By order of a court of competent jurisdiction.
5. A person may use force upon an individual about to commit suicide or suffer serious bodily injury, to prevent the death or serious bodily injury of that individual.