North Dakota Statutes
§ 12.1-05-08 — Excuse
North Dakota § 12.1-05-08
JurisdictionNorth Dakota
Title 12.1Criminal Code
Ch. 12.1-05Justification - Excuse - Affirmative Defenses
This text of North Dakota § 12.1-05-08 (Excuse) 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 § 12.1-05-08 (2026).
Text
A person's conduct is excused if he believes that the facts are such that his conduct is
necessary and appropriate for any of the purposes which would establish a justification or
excuse under this chapter, even though his belief is mistaken. However, if his belief is
negligently or recklessly held, it is not an excuse in a prosecution for an offense for which
negligence or recklessness, as the case may be, suffices to establish culpability. Excuse under
this section is a defense or affirmative defense according to which type of defense would be
established had the facts been as the person believed them to be.
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Related
State v. Skjonsby
319 N.W.2d 764 (North Dakota Supreme Court, 1982)
State v. Ness
2009 ND 182 (North Dakota Supreme Court, 2009)
State v. Zajac
2009 ND 119 (North Dakota Supreme Court, 2009)
State v. Schimetz
328 N.W.2d 808 (North Dakota Supreme Court, 1982)
City of Mandan v. Willman
439 N.W.2d 92 (North Dakota Supreme Court, 1989)
State v. Zottnick
2011 ND 84 (North Dakota Supreme Court, 2011)
A.R. Audit Services, Inc. v. Ulledahl
2011 ND 83 (North Dakota Supreme Court, 2011)
City of Bismarck v. Lembke
540 N.W.2d 155 (North Dakota Supreme Court, 1995)
Fehl-Haber v. State
2009 ND 128 (North Dakota Supreme Court, 2009)
City of Fargo v. Nikle
2019 ND 79 (North Dakota Supreme Court, 2019)
d/b/a Red River Women’s Clinic, et al. v. Wrigley
2025 ND 199 (North Dakota Supreme Court, 2025)
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 § 12.1-05-08, Counsel Stack Legal Research, https://law.counselstack.com/statute/nd/12.1-05-08.