§ 12.1-23-08 — Defrauding secured creditors

North Dakota § 12.1-23-08

• Jurisdiction: North Dakota
• Title 12.1: Criminal Code
• Ch. 12.1-23: Theft and Related Offenses

Text

1. An owner of property who creates a security interest in such property may not
intentionally alter, conceal, destroy, damage, encumber, transfer, remove, or otherwise
deal with property that is subject to the security interest without the prior consent of the
secured party if that action has the effect of hindering the enforcement of the security
interest.
2. A person may not destroy, remove, damage, conceal, encumber, transfer, or otherwise
deal with property that is subject to a security interest with the intent to prevent
collection of the debt represented by the security interest.

3. A person may not, at the time of sale of property that is subject to a security interest, or
is described in a certificate provided for under section 41-09-28, make false
statements as to the existence of security interests in the property, or as to the
ownership or location of the property.
4. A violation of subsection 2 or 3 must be prosecuted as theft under section 12.1-23-02
or 12.1-23-04. Violation of subsection 2 or 3 is a class C felony if the property has a
value of more than one thousand dollars, as determined under subsection 7 of section
12.1-23-05. In all other cases, violation of this section is a class A misdemeanor.