North Dakota Code 19-03.1-22.2 – Endangerment of child or vulnerable adult
1. For purposes of this section:
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 felony | up to 20 years | up to $20,000 |
| 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 19-03.1-22.2
- Individual: means a human being. See North Dakota Code 1-01-49
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
a. “Chemical substance” means a substance intended to be used as a precursor in the manufacture of a controlled substance or any other chemical intended to be used in the manufacture of a controlled substance. Intent under this subsection may be demonstrated by the substance’s use, quantity, manner of storage, or proximity to other precursors or to manufacturing equipment.
b. “Child” means an individual who is under the age of eighteen years.
c. “Controlled substance” means the same as that term is defined in section 19-03.1-01, except the term does not include less than one-half ounce [14.175 grams] of marijuana or less than two grams of tetrahydrocannabinol.
d. “Drug paraphernalia” means the same as that term is defined in section 19-03.4-01.
e. “Prescription” means the same as that term is described in section 19-03.1-22.
f. “Vulnerable adult” means a vulnerable adult as the term is defined in section 50-25.2-01.
2. Unless a greater penalty is otherwise provided by law, a person who knowingly or intentionally causes or permits a child or vulnerable adult to be exposed to, to ingest or inhale, or to have contact with a controlled substance, chemical substance, or drug paraphernalia as defined in subsection 1, is guilty of a class C felony.
3. Unless a greater penalty is otherwise provided by law, a person who violates subsection 2, and a child or vulnerable adult actually suffers bodily injury by exposure to, ingestion of, inhalation of, or contact with a controlled substance, chemical substance, or drug paraphernalia, is guilty of a class B felony unless the exposure, ingestion, inhalation, or contact results in the death of the child or vulnerable adult, in which case the person is guilty of a class A felony.
4. It is an affirmative defense to a violation of this section that the controlled substance was provided by lawful prescription for the child or vulnerable adult and that it was administered to the child or vulnerable adult in accordance with the prescription instructions provided with the controlled substance.