§ 12.1-06-05 — General provisions

North Dakota § 12.1-06-05

• Jurisdiction: North Dakota
• Title 12.1: Criminal Code
• Ch. 12.1-06: Criminal Attempt - Facilitation - Solicitation - Conspiracy

Text

1. The definition of an offense in sections 12.1-06-01 to 12.1-06-04 does not apply to
another offense also defined in sections 12.1-06-01 to 12.1-06-04.
2. Whenever "attempt" or "conspiracy" is made an offense outside this chapter, it means
attempt or conspiracy, as the case may be, as defined in this chapter.
3. a. Other than as provided in subsection 4, in a prosecution under section
12.1-06-01, it is an affirmative defense that, under circumstances manifesting a
voluntary and complete renunciation of criminal intent, the defendant avoided the
commission of the crime attempted by abandoning any criminal effort and, if mere
abandonment was insufficient to accomplish such avoidance, by taking further
and affirmative steps which prevented the commission thereof.
b. Other than as provided in subsection 4, in a prosecution under section 12.1-06-03
or 12.1-06-04, it is an affirmative defense that, under circumstances manifesting a
voluntary and complete renunciation of criminal intent, the defendant prevented
the commission of the crime solicited or of the crime or crimes contemplated by
the conspiracy.
c. A renunciation is not "voluntary and complete" within the meaning of this section if
it is motivated in whole or in part by (1) a belief that a circumstance exists which
increases the probability of detection or apprehension of the defendant or another
participant in the criminal operation, or which makes more difficult the
consummation of the crime, or (2) a decision to postpone the criminal conduct
until another time or to substitute another victim, or another but similar objective.
4. An individual is immune from prosecution under this chapter if:
a. The individual voluntarily and completely renounced the individual's criminal
intent;
b. The individual is a student enrolled in an elementary school, middle school, or a
high school in this state or is enrolled at an institution of higher education in this
state;
c. The offense would have resulted in:
(1) Harm to another student enrolled in an elementary school, middle school, or
a high school in this state;

(2) Harm to another student enrolled in an institution of higher education in this
state;
(3) Harm to an employee of a school district or a nonpublic school in this state;
(4) Harm to an employee of an institution of higher education in this state; or
(5) Damage to property of a school district in this state or property of an
institution of higher education in this state; and
d. The renunciation was given to a law enforcement officer, to an administrator of a
school or school district in this state, or to an official of an institution of higher
education in this state before any harm to others or damage to property occurs.