§ 12.1-05-02 — Execution of public duty

North Dakota § 12.1-05-02

• Jurisdiction: North Dakota
• Title 12.1: Criminal Code
• Ch. 12.1-05: Justification - Excuse - Affirmative Defenses

Text

1. Conduct engaged in by a public servant in the course of the person's official duties is
justified when it is required or authorized by law.
2. A person who has been directed by a public servant to assist that public servant is
justified in using force to carry out the public servant's direction, unless the action
directed by the public servant is plainly unlawful.
3. A person is justified in using force upon another to effect that person's arrest or
prevent that person's escape when a public servant authorized to make the arrest or
prevent the escape is not available if the other person has committed, in the presence
of the actor, any crime which the actor is justified in using force to prevent, or if the
other person has committed a felony involving force or violence.
4. Conduct engaged in by an individual at the direction of a public servant, known by that
individual to be a law enforcement officer, to assist in the investigation of a criminal
offense is justified unless the individual knows or has a firm belief, unaccompanied by
substantial doubt, that the conduct is not within the law enforcement officer's official
duties or authority. For purposes of this subsection, conduct "not within the law
enforcement officer's official duties or authority" is conduct in which the law
enforcement officer alone could not lawfully engage in that officer's official capacity.
When practicable, permission must be obtained from a parent or guardian of a minor
who is under the age of eighteen years and is neither married nor in the military
service of the United States before the minor may engage in conduct, other than the
providing of information, to assist in a criminal investigation under the direct
supervision of a public servant.
5. A member of the armed forces is justified in using deadly force when it reasonably
appears to be necessary to prevent the loss, theft, destruction, sabotage, or
unauthorized control of a nuclear weapon, critical nuclear component, or nuclear
explosive device.