North Dakota Statutes
§ 12.1-05-01 — Justification
North Dakota § 12.1-05-01
JurisdictionNorth Dakota
Title 12.1Criminal Code
Ch. 12.1-05Justification - Excuse - Affirmative Defenses
This text of North Dakota § 12.1-05-01 (Justification) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
N.D. Cent. Code § 12.1-05-01 (2026).
Text
1.Except as otherwise expressly provided, justification or excuse under this chapter is a
defense.
2.If a person is justified or excused in using force against another, but he recklessly or
negligently injures or creates a risk of injury to other persons, the justifications afforded
by this chapter are unavailable in a prosecution for such recklessness or negligence.
3.That conduct may be justified or excused within the meaning of this chapter does not
abolish or impair any remedy for such conduct which is available in any civil action.
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Related
State v. Starke
2011 ND 147 (North Dakota Supreme Court, 2011)
Potts v. City of Devils Lake
2021 ND 2 (North Dakota Supreme Court, 2021)
Anderson v. Krueger
2025 ND 161 (North Dakota Supreme Court, 2025)
d/b/a Red River Women’s Clinic, et al. v. Wrigley
2025 ND 199 (North Dakota Supreme Court, 2025)
Wahl v. Northern Improvement Company
2011 ND 146 (North Dakota Supreme Court, 2011)
Nearby Sections
15
§ 12.1-01-02
General purposes§ 12.1-01-03
Proof and presumptions§ 12.1-01-03.1
Presumption of age§ 12.1-01-04
General definitions§ 12.1-02-01
Basis of liability for offenses§ 12.1-02-02
Requirements of culpability§ 12.1-02-03
Mistake of fact in affirmative defenses§ 12.1-02-04
Ignorance or mistake negating culpability§ 12.1-02-05
Causal relationship between conduct and result§ 12.1-03-01
Accomplices§ 12.1-03-04
Definitions and general provisionsCite This Page — Counsel Stack
Bluebook (online)
North Dakota § 12.1-05-01, Counsel Stack Legal Research, https://law.counselstack.com/statute/nd/12.1-05-01.