North Dakota § 12.1-32-05 Imposition of fine - Response to nonpayment

North Dakota Statutes

§ 12.1-32-05 — Imposition of fine - Response to nonpayment

North Dakota § 12.1-32-05

Title 12.1Criminal Code

Ch. 12.1-32Penalties and Sentencing

This text of North Dakota § 12.1-32-05 (Imposition of fine - Response to nonpayment) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 12.1-32-05 (2026).

Text

1.The court, in making a determination of the propriety of imposing a sentence to pay a fine, shall consider the following factors:

a.The ability of the defendant to pay without undue hardship.

b.Whether the defendant, other than a defendant organization, gained money or property as a result of commission.

c.Whether the sentence to pay a fine will interfere with the defendant's capacity to make restitution.

d.Whether a sentence to pay a fine will serve a valid rehabilitative purpose.

2.The court may allow the defendant to pay any fine imposed in installments. When a defendant is sentenced to pay a fine, the court shall not impose at the same time an alternative sentence to be served in the event that the fine is not paid.

3.If the defendant does not pay the fine, or make any require

Free access — add to your briefcase to read the full text and ask questions with AI

1. The court, in making a determination of the propriety of imposing a sentence to pay a
fine, shall consider the following factors:
a. The ability of the defendant to pay without undue hardship.
b. Whether the defendant, other than a defendant organization, gained money or
property as a result of commission.
c. Whether the sentence to pay a fine will interfere with the defendant's capacity to
make restitution.
d. Whether a sentence to pay a fine will serve a valid rehabilitative purpose.
2. The court may allow the defendant to pay any fine imposed in installments. When a
defendant is sentenced to pay a fine, the court shall not impose at the same time an
alternative sentence to be served in the event that the fine is not paid.
3. If the defendant does not pay the fine, or make any required partial payment, the court,
upon motion of the prosecuting attorney or on its own motion, may issue an order to
show cause why the defendant should not be imprisoned for nonpayment. Unless the
defendant shows that his default is excusable, the court may sentence him to the
following periods of imprisonment for failure to pay a fine:
a. If the defendant was convicted of a misdemeanor, to a period not to exceed thirty
days.
b. If the defendant was convicted of a felony, to a period not to exceed six months.