§ 12.1-32-01 — Classification of offenses - Penalties

North Dakota § 12.1-32-01

• Jurisdiction: North Dakota
• Title 12.1: Criminal Code
• Ch. 12.1-32: Penalties and Sentencing

Text

Offenses are divided into seven classes, which are denominated and subject to maximum
penalties, as follows:
1. Class AA felony, for which a maximum penalty of life imprisonment without parole may
be imposed. The court must designate whether the life imprisonment sentence
imposed is with or without an opportunity for parole. Notwithstanding the provisions of
section 12-59-05, a person found guilty of a class AA felony and who receives a
sentence of life imprisonment with parole, shall not be eligible to have that person's
sentence considered by the parole board for thirty years, less sentence reduction
earned for good conduct, after that person's admission to the penitentiary.
2. Class A felony, for which a maximum penalty of twenty years' imprisonment, a fine of
twenty thousand dollars, or both, may be imposed.
3. Class B felony, for which a maximum penalty of ten years' imprisonment, a fine of
twenty thousand dollars, or both, may be imposed.
4. Class C felony, for which a maximum penalty of five years' imprisonment, a fine of ten
thousand dollars, or both, may be imposed.
5. Class A misdemeanor, for which a maximum penalty of imprisonment for three
hundred sixty days, a fine of three thousand dollars, or both, may be imposed.
6. Class B misdemeanor, for which a maximum penalty of thirty days' imprisonment, a
fine of one thousand five hundred dollars, or both, may be imposed.
7. Infraction, for which a maximum fine of one thousand dollars may be imposed. Any
person convicted of an infraction who, within one year before commission of the
infraction of which the person was convicted, has been convicted previously at least
twice of the same offense classified as an infraction may be sentenced as though
convicted of a class B misdemeanor. If the prosecution contends that the infraction is
punishable as a class B misdemeanor, the complaint must specify the offense is a
misdemeanor.
This section shall not be construed to forbid sentencing under section 12.1-32-09, relating to
extended sentences.