§ 12.1-32-04 — Factors to be considered in sentencing decision

North Dakota § 12.1-32-04

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

Text

The following factors, or the converse thereof where appropriate, while not controlling the
discretion of the court, shall be accorded weight in making determinations regarding the
desirability of sentencing an offender to imprisonment:
1. The defendant's criminal conduct neither caused nor threatened serious harm to
another person or his property.
2. The defendant did not plan or expect that his criminal conduct would cause or threaten
serious harm to another person or his property.
3. The defendant acted under strong provocation.
4. There were substantial grounds which, though insufficient to establish a legal defense,
tend to excuse or justify the defendant's conduct.
5. The victim of the defendant's conduct induced or facilitated its commission.
6. The defendant has made or will make restitution or reparation to the victim of his
conduct for the damage or injury which was sustained.
7. The defendant has no history of prior delinquency or criminal activity, or has led a
law-abiding life for a substantial period of time before the commission of the present
offense.
8. The defendant's conduct was the result of circumstances unlikely to recur.

9. The character, history, and attitudes of the defendant indicate that he is unlikely to
commit another crime.
10. The defendant is particularly likely to respond affirmatively to probationary treatment.
11. The imprisonment of the defendant would entail undue hardship to himself or his
dependents.
12. The defendant is elderly or in poor health.
13. The defendant did not abuse a public position of responsibility or trust.
14. The defendant cooperated with law enforcement authorities by bringing other
offenders to justice, or otherwise cooperated.
Nothing herein shall be deemed to require explicit reference to these factors in a presentence
report or by the court at sentencing.