Terms Used In North Dakota Code > Chapter 12.1-23 - Theft and Related Offenses

• 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
• Arrest: Taking physical custody of a person by lawful authority.
• Bodily injury: means any impairment of physical condition, including physical pain. See North Dakota Code 12.1-01-04
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• 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
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• 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
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• 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
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Fiduciary: A trustee, executor, or administrator.
• 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
• following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
• Government: means :

  a. See North Dakota Code 12.1-01-04

• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Harm: means loss, disadvantage, or injury to the person affected, and includes loss, disadvantage, or injury to any other person in whose welfare the person affected is interested. See North Dakota Code 12.1-01-04
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Individual: means a human being. See North Dakota Code 1-01-49
• Lien: A claim against real or personal property in satisfaction of a debt.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• 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
• 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
• Organization: includes a foreign or domestic association, business trust, corporation, enterprise, estate, joint venture, limited liability company, limited liability partnership, limited partnership, partnership, trust, or any legal or commercial entity. See North Dakota Code 1-01-49
• paper: means any flexible material upon which it is usual to write. See North Dakota Code 1-01-27
• person: includes , where relevant, a corporation, limited liability company, partnership, unincorporated association, or other legal entity. See North Dakota Code 12.1-01-04
• Personal property: All property that is not real property.
• Personal property: includes money, goods, chattels, things in action, and evidences of debt. See North Dakota Code 1-01-49
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Possesses: means an individual has:

  a. 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
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Signature: includes any name, mark, or sign written or affixed with intent to authenticate any instrument or writing. See North Dakota Code 12.1-01-04
• State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Trustee: A person or institution holding and administering property in trust.
• Venue: The geographical location in which a case is tried.
• written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37