North Dakota Code 12.1-13-02 – Speculating or wagering on official action or information
1. A person is guilty of a class A misdemeanor if during employment as a public servant, or within one year thereafter, in contemplation of official action by himself as a public servant or by a government agency with which he is or has been associated as a public servant, or in reliance on information to which he has or had access only in his capacity as a public servant, he:
Attorney's Note
Under the North Dakota Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 360 days | up to $3,000 |
Terms Used In North Dakota Code 12.1-13-02
- action: means a bodily movement, whether voluntary or involuntary. See North Dakota Code 12.1-01-04
- Government: means :
a. See North Dakota Code 12.1-01-04
- Official action: includes a decision, opinion, recommendation, vote, or other exercise of discretion by any government agency. See North Dakota Code 12.1-01-04
- person: includes , where relevant, a corporation, limited liability company, partnership, unincorporated association, or other legal entity. See North Dakota Code 12.1-01-04
- Property: includes property, real and personal. See North Dakota Code 1-01-49
- Public servant: as used in this title and in any statute outside this title which defines an offense means any officer or employee of government, including law enforcement officers, whether elected or appointed, and any person participating in the performance of a governmental function. See North Dakota Code 12.1-01-04
- year: means twelve consecutive months. See North Dakota Code 1-01-33
a. Acquires a pecuniary interest in any property, transaction, or enterprise which may be affected by such information or official action; b. Speculates or wagers on the basis of such information or official action; or
c. Aids another to do any of the foregoing.
2. A person is guilty of a class A misdemeanor if as a public servant he takes official action which is likely to benefit him as a result of an acquisition of a pecuniary interest in any property, transaction, or enterprise, or of a speculation or wager, which he made, or caused or aided another to make, in contemplation of such official action.