§ 12.1-05-05 — Use of force by persons with parental, custodial, or similar responsibilities

North Dakota § 12.1-05-05

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

Text

responsibilities.
The use of force upon an individual is justified under any of the following circumstances:
1. Except as provided in section 15.1-19-02, a parent, guardian, or other person
responsible for the care and supervision of a minor, or other person responsible for the
care and supervision of a minor for a special purpose, or person acting at the direction
of any of the foregoing persons, may use reasonable force upon the minor for the
purpose of safeguarding or promoting the minor's welfare, including prevention and
punishment of the minor's misconduct, and the maintenance of proper discipline.
a. If the person using reasonable force for the prevention and punishment of the
minor's misconduct or the maintenance of proper discipline is a paid caregiver,
that person must be acting under written direction of the parent or guardian of the
minor.
b. The reasonable force may be used for this purpose, regardless of whether the
reasonable force is "necessary" as required by subsection 1 of section