§ 12.1-31-01 — Disorderly conduct

North Dakota § 12.1-31-01

• Jurisdiction: North Dakota
• Title 12.1: Criminal Code
• Ch. 12.1-31: Miscellaneous Offenses

Text

1. An individual is guilty of a class B misdemeanor if, with intent to harass, annoy, or
alarm another person or in reckless disregard of the fact that another person is
harassed, annoyed, or alarmed by the individual's behavior, the individual:
a. Engages in fighting, or in violent, tumultuous, or threatening behavior;
b. Makes unreasonable noise;
c. In a public place, uses abusive or obscene language, knowingly exposes that
individual's penis, vulva, or anus, or makes an obscene gesture;
d. Obstructs vehicular or pedestrian traffic or the use of a public facility;
e. Persistently follows a person in or about a public place or places;
f. While loitering in a public place for the purpose of soliciting sexual contact, the
individual solicits the contact;
g. Creates a hazardous, physically offensive, or seriously alarming condition by any
act that serves no legitimate purpose;
h. Engages in harassing conduct by means of intrusive or unwanted acts, words, or
gestures that are intended to adversely affect the safety, security, or privacy of
another person; or
i. Uses a fixed optical device that enhances or records a visual occurrence to view
through any window of another person's property; or uses a surveillance camera
to capture an image from the dwelling or accessory structure of another person;
however, an individual using a surveillance camera has seven days from notice
by a law enforcement officer to direct or shield the camera so as to not capture an
image from another person's dwelling or accessory structure before there is an
offense.
2. This section does not apply to constitutionally protected activity. If an individual claims
to have been engaged in a constitutionally protected activity, the court shall determine
the validity of the claim as a matter of law and, if found valid, shall exclude evidence of
the activity.