North Dakota § 12.1-08-01 Physical obstruction of government function

North Dakota Statutes

§ 12.1-08-01 — Physical obstruction of government function

North Dakota § 12.1-08-01

Title 12.1Criminal Code

Ch. 12.1-08Obstruction of Law Enforcement - Escape

This text of North Dakota § 12.1-08-01 (Physical obstruction of government function) 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 § 12.1-08-01 (2026).

Text

1.A person is guilty of a class A misdemeanor if he intentionally obstructs, impairs, impedes, hinders, prevents, or perverts the administration of law or other governmental function.

2.This section does not apply to the conduct of a person obstructing arrest of himself, but such conduct is subject to section 12.1-08-02. This section does apply to the conduct of a person obstructing arrest of another. Inapplicability under this subsection is a defense.

3.It is a defense to a prosecution under this section that the administration of law or other government function was not lawful, but it is no defense that the defendant mistakenly believed that the administration of law or other government function was not lawful. For the purposes of this subsection, the conduct of a public servant actin

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1. A person is guilty of a class A misdemeanor if he intentionally obstructs, impairs,
impedes, hinders, prevents, or perverts the administration of law or other
governmental function.
2. This section does not apply to the conduct of a person obstructing arrest of himself,
but such conduct is subject to section 12.1-08-02. This section does apply to the
conduct of a person obstructing arrest of another. Inapplicability under this subsection
is a defense.
3. It is a defense to a prosecution under this section that the administration of law or
other government function was not lawful, but it is no defense that the defendant
mistakenly believed that the administration of law or other government function was
not lawful. For the purposes of this subsection, the conduct of a public servant acting
in good faith and under color of law in the execution of a warrant or other process for
arrest or search and seizure shall be deemed lawful.