North Dakota Code 12.1-32-02.1 – Mandatory prison terms for armed offenders
1. Notwithstanding any other provision of this title, a term of imprisonment must be imposed upon an offender and served without benefit of parole when:
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 B felony | up to 10 years | up to $20,000 |
| Class C felony | up to 5 years | up to $10,000 |
Terms Used In North Dakota Code 12.1-32-02.1
- 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
- Destructive device: means any explosive, incendiary or poison gas bomb, grenade, mine, rocket, missile, or similar device. See North Dakota Code 12.1-01-04
- Explosive: means gunpowders, powders used for blasting, all forms of high explosives, blasting materials, fuses (other than electric circuit breakers), detonators and other detonating agents, smokeless powders, and any chemical compounds, mechanical mixture, or other ingredients in such proportions, quantities, or packing that ignition by fire, by friction, by concussion, by percussion, or by detonation of the compound, or material, or any part thereof may cause an explosion. See North Dakota Code 12.1-01-04
- Firearm: means any weapon that will expel, or is readily capable of expelling, a projectile by the action of an explosive and includes any such weapon, loaded or unloaded, commonly referred to as a pistol, revolver, rifle, gun, machine gun, shotgun, bazooka, or cannon. See North Dakota Code 12.1-01-04
- 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
- Possesses: means an individual has:
a. See North Dakota Code 12.1-01-04
a. In the course of committing an offense, the offender inflicts or attempts to inflict bodily injury upon another, threatens or menaces another with imminent bodily injury with a dangerous weapon, explosive, destructive device, or firearm; or
b. An offender prohibited from possessing a firearm under section 62.1-02-01 possesses a firearm while in the course of committing any felony offense under subsection 1, 3, or 7 of section 19-03.1-23.
2. This requirement applies only when possession of a dangerous weapon, explosive, destructive device, or firearm has been charged and admitted or found to be true in the manner provided by law, and must be imposed as follows:
a. If the offense for which the offender is convicted is a class AA, class A, or class B felony, the court shall impose a minimum sentence of four years’ imprisonment.
b. If the offense for which the offender is convicted is a class C felony, the court shall impose a minimum sentence of two years’ imprisonment.
3. This section applies even when being armed is an element of the offense for which the offender is convicted.
4. This section applies even if the offender is prosecuted for a violation of section 62.1-02-01 for the same conduct.
5. An offender serving a sentence subject to this section may be eligible to participate in a release program under section 12-48.1-02 during the last six months of the offender’s sentence.