North Dakota Code 12.1-17-06 – Criminal coercion
1. A person is guilty of a class A misdemeanor if, with intent to compel another to engage in or refrain from conduct, he threatens to:
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 12.1-17-06
- action: means a bodily movement, whether voluntary or involuntary. See North Dakota Code 12.1-01-04
- Actor: includes , where relevant, a person guilty of an omission. 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
- 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
a. Commit any crime; b. Accuse anyone of a crime; c. Expose a secret or publicize an asserted fact, whether true or false, tending to subject any person, living or deceased, to hatred, contempt, or ridicule, or to impair another’s credit or business repute; or
d. Take or withhold official action as a public servant or cause a public servant to take or withhold official action.
2. It is an affirmative defense to a prosecution under this section that the actor believed, whether or not mistakenly:
a. That the primary purpose of the threat was to cause the other to conduct himself in his own best interest; or
b. That a purpose of the threat was to cause the other to desist from misbehavior, engage in behavior from which he could not lawfully abstain, make good a wrong done by him, or refrain from taking any action or responsibility for which he was disqualified.