North Dakota Code 12.1-22-03 – Criminal trespass – Noncriminal offense on posted property
1. An individual is guilty of a class C felony if, knowing the individual is not licensed or privileged to do so, the individual enters or remains in a dwelling or in highly secured premises.
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 C felony | up to 5 years | up to $10,000 |
| Class A misdemeanor | up to 360 days | up to $3,000 |
| Class B misdemeanor | up to 30 days | up to $1,500 |
Terms Used In North Dakota Code 12.1-22-03
- 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
- 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
- Individual: means a human being. See North Dakota Code 1-01-49
- Offense: means conduct for which a term of imprisonment or a fine is authorized by statute after conviction. See North Dakota Code 12.1-01-04
- peace officer: means a public servant authorized by law or by a government agency or branch to enforce the law and to conduct or engage in investigations or prosecutions for violations of law. 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
- Summons: Another word for subpoena used by the criminal justice system.
2. An individual is guilty of a class A misdemeanor if, knowing the individual is not licensed or privileged to do so, the individual:
a. Enters or remains in or on any building, occupied structure, or storage structure, or separately secured or occupied portion thereof; or
b. Enters or remains in any place enclosed by a fence or otherwise enclosed as manifestly to exclude intruders, unless the individual is a licensed hunter or angler who is lawfully hunting or fishing. For purposes of this subdivision, “fence” means a permanent structure on nonurban, private property which is maintained and capable of containing livestock.
3. a. An individual is guilty of a class B misdemeanor if, knowing the individual is not licensed or privileged to do so, the individual enters or remains in any place as to which notice against trespass is given by actual communication to the actor by the owner or an individual authorized by the owner or by posting in a manner reasonably likely to come to the attention of intruders. The name of the person posting the premises must appear on each sign in legible characters.
b. Even if the conduct of the owner or individual authorized by the owner varies from the provisions of subdivision a, an individual may be found guilty of violating subdivision a if the owner or individual authorized by the owner substantially complied with subdivision a and notice against trespass is clear from the circumstances.
c. An individual who violates subdivision a is guilty of a class A misdemeanor for the second or subsequent offense within a two-year period.
4. a. A peace officer may cite an individual who, knowing the individual is not licensed or privileged to do so, entered or remained in a place as to which notice against trespass is given by posting in a manner reasonably likely to come to the attention of intruders or a place enclosed by a fence as defined in subsection 2, with a noncriminal offense. An individual cited under this subsection may not be prosecuted under subsection 2 or 3 for the same offense.
b. The fine for a citation under subdivision a is two hundred fifty dollars for each violation.
c. The peace officer citing the individual shall:
(1) Take the name and address of the individual; and
(2) Notify the individual of the right to request a hearing if posting bond by mail. d. The peace officer may not take the individual into custody or require the individual to proceed with the peace officer to any other location for the purpose of posting bond. The officer shall provide the individual with an envelope for use in mailing the bond.
e. An individual cited may appear before the designated official and pay the statutory fine for the violation at or before the time scheduled for hearing.
f. If the individual has posted bond, the individual may forfeit bond by not appearing at the designated time.
g. If the individual posts bond by mail, the bond must be submitted within fourteen days of the date of the citation and the individual cited shall indicate on the envelope or citation whether a hearing is requested. If the individual does not request a hearing within fourteen days of the date of the citation, the bond is deemed forfeited and the individual is deemed to have admitted to the violation and to have waived the right to a hearing on the issue of commission of the violation. If the individual requests a hearing, the court for the county in which the citation is issued shall issue a summons to the individual requesting the hearing notifying the individual of the date of the hearing before the designated official.
h. Upon appearing at the hearing scheduled in the citation or otherwise scheduled at the individual’s request, the individual may make a statement in explanation of the individual’s action. The official may at that time waive or suspend the statutory fine or bond.
i. A citing peace officer may not receive the statutory fine or bond.
j. The bond required to secure appearance before the judge must be identical to the statutory fine established in subdivision b.
5. An individual is guilty of a class B misdemeanor if that individual remains upon the property of another after being requested to leave the property by a duly authorized individual. An individual who violates this subsection is guilty of a class A misdemeanor for the second or subsequent offense within a two-year period.
6. This section does not apply to a peace officer in the course of discharging the peace officer’s official duties.