North Dakota Statutes
§ 12.1-05-03 — Self-defense
North Dakota § 12.1-05-03
JurisdictionNorth Dakota
Title 12.1Criminal Code
Ch. 12.1-05Justification - Excuse - Affirmative Defenses
This text of North Dakota § 12.1-05-03 (Self-defense) 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 § 12.1-05-03 (2026).
Text
A person is justified in using force upon another person to defend himself against danger of imminent unlawful bodily injury, sexual assault, or detention by such other person, except that:
1.A person is not justified in using force for the purpose of resisting arrest, execution of
process, or other performance of duty by a public servant under color of law, but
excessive force may be resisted.
2.A person is not justified in using force if:
a.He intentionally provokes unlawful action by another person to cause bodily injury
or death to such other person; or
b.He has entered into a mutual combat with another person or is the initial
aggressor unless he is resisting force which is clearly excessive in the
circumstances. A person's use of defensive force after he withdraws from an
encount
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Related
State v. Skjonsby
319 N.W.2d 764 (North Dakota Supreme Court, 1982)
State v. Hart
1997 ND 188 (North Dakota Supreme Court, 1997)
State v. Ritter
472 N.W.2d 444 (North Dakota Supreme Court, 1991)
Sampson v. State
506 N.W.2d 722 (North Dakota Supreme Court, 1993)
State v. Sahr
470 N.W.2d 185 (North Dakota Supreme Court, 1991)
State v. Zajac
2009 ND 119 (North Dakota Supreme Court, 2009)
State v. Barth
2005 ND 134 (North Dakota Supreme Court, 2005)
Dellwo v. R.D.B.
1998 ND 15 (North Dakota Supreme Court, 1998)
State v. Schumaier
1999 ND 239 (North Dakota Supreme Court, 1999)
State v. Gagnon
1997 ND 153 (North Dakota Supreme Court, 1997)
State v. Falconer
2007 ND 89 (North Dakota Supreme Court, 2007)
State v. Mathre
2004 ND 149 (North Dakota Supreme Court, 2004)
State v. Starke
2011 ND 147 (North Dakota Supreme Court, 2011)
ProServe Corp. v. Rainey
536 N.W.2d 373 (North Dakota Supreme Court, 1995)
State v. Gresz
2006 ND 135 (North Dakota Supreme Court, 2006)
State v. Cox
532 N.W.2d 384 (North Dakota Supreme Court, 1995)
State v. Samshal
2013 ND 188 (North Dakota Supreme Court, 2013)
State v. Larson
554 N.W.2d 655 (North Dakota Supreme Court, 1996)
State v. Skarsgard
2008 ND 31 (North Dakota Supreme Court, 2008)
State v. Brossart
2007 ND 39 (North Dakota Supreme Court, 2007)
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 § 12.1-05-03, Counsel Stack Legal Research, https://law.counselstack.com/statute/nd/12.1-05-03.