§ 12.1-08-02 — Preventing arrest or discharge of other duties

North Dakota § 12.1-08-02

• Jurisdiction: North Dakota
• Title 12.1: Criminal Code
• Ch. 12.1-08: Obstruction of Law Enforcement - Escape

Text

1. A person is guilty of a class A misdemeanor if, with intent to prevent a public servant
from effecting an arrest of himself or another for a misdemeanor or infraction, or from
discharging any other official duty, he creates a substantial risk of bodily injury to the
public servant or to anyone except himself, or employs means justifying or requiring
substantial force to overcome resistance to effecting the arrest or the discharge of the
duty. A person is guilty of a class C felony if, with intent to prevent a public servant
from effecting an arrest of himself or another for a class A, B, or C felony, he creates a
substantial risk of bodily injury to the public servant or to anyone except himself, or
employs means justifying or requiring substantial force to overcome resistance to
effecting such an arrest.
2. It is a defense to a prosecution under this section that the public servant was not
acting lawfully, but it is no defense that the defendant mistakenly believed that the
public servant was not acting lawfully. A public servant executing a warrant or other
process in good faith and under color of law shall be deemed to be acting lawfully.