§ 12.1-06-02 — Criminal facilitation

1. A person is guilty of criminal facilitation if he knowingly provides substantial assistance
to a person intending to commit a felony and that person, in fact, commits the crime
contemplated, or a like or related felony, employing the assistance so provided. The
ready lawful availability from others of the goods or services provided by a defendant
is a factor to be considered in determining whether or not his assistance was
substantial. This section does not apply to a person who is either expressly or by
implication made not accountable by the statute defining the felony facilitated or
related statutes.
2. Except as otherwise provided, it is no defense to a prosecution under this section that
the person whose conduct the defendant facilitated has been acquitted, has not been
prosecuted or convicted, has been convicted of a different offense, is immune from
prosecution, or is otherwise not subject to justice.
3. Facilitation of a class A felony is a class C felony. Facilitation of a class B or class C
felony is a class A misdemeanor.