§ 12.1-10-02 — Failure to appear as witness, to produce information, or to be sworn

1. A person who has been lawfully ordered to appear at a specified time and place to
testify or to produce information in an official proceeding is guilty of a class A
misdemeanor if, without lawful privilege, he fails to appear or to produce the
information at that time and place.
2. A person attending an official proceeding is guilty of a class A misdemeanor if, without
lawful privilege, he fails to comply with a lawful order:
a. To occupy or remain at the designated place from which he is to testify as a
witness in such proceeding; or
b. To be sworn or to make equivalent affirmation as a witness in such proceeding.
3. It is a defense to a prosecution under this section that the defendant:
a. Was prevented from appearing at the specified time and place or unable to
produce the information because of circumstances to the creation of which he did
not contribute in reckless disregard of the requirement to appear or to produce; or
b. Complied with the order before his failure to do so substantially affected the
proceeding.
4. In this section, and in section 12.1-10-03:
a. "Authorized agency" means an agency authorized by statute to issue subpoenas
or similar process supported by the sanctions of this section.
b. "Information" means a book, paper, document, record, or other tangible object.
c. "Official proceeding" means:
(1) An official proceeding before a judge or court of this state, a magistrate, or a
grand jury.
(2) An official proceeding before the legislative assembly or one of its session or
interim committees.
(3) An official proceeding in which, pursuant to lawful authority, a court orders
attendance or the production of information.
(4) An official proceeding before an authorized agency.
(5) An official proceeding which otherwise is made expressly subject to this
section.