North Dakota § 12.1-38-02 Perpetrator's assumption of the risk

North Dakota Statutes

§ 12.1-38-02 — Perpetrator's assumption of the risk

North Dakota § 12.1-38-02

Title 12.1Criminal Code

Ch. 12.1-38Assumption of Risk in Crimes

This text of North Dakota § 12.1-38-02 (Perpetrator's assumption of the risk) 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 § 12.1-38-02 (2026).

Text

A perpetrator assumes the risk of loss, injury, or death resulting from or arising out of a
course of criminal conduct involving a crime, as defined in this chapter, engaged in by the
perpetrator or an accomplice, as defined in section 12.1-03-01, and the crime victim is immune
from and not liable for any damages as a result of acts or omissions of the victim if the victim
used reasonable force as authorized in section 12.1-05-03 or 12.1-05-04. However, the
perpetrator's assumption of risk does not eliminate the crime victim's duty to protect against
conditions upon the premises which the crime victim knows or has reason to know may create
an unreasonable risk of harm or which may cause a foreseeable trespass by minors, nor does
the assumption of risk apply to perpetrators who are mentally

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A perpetrator assumes the risk of loss, injury, or death resulting from or arising out of a
course of criminal conduct involving a crime, as defined in this chapter, engaged in by the
perpetrator or an accomplice, as defined in section 12.1-03-01, and the crime victim is immune
from and not liable for any damages as a result of acts or omissions of the victim if the victim
used reasonable force as authorized in section 12.1-05-03 or 12.1-05-04. However, the
perpetrator's assumption of risk does not eliminate the crime victim's duty to protect against
conditions upon the premises which the crime victim knows or has reason to know may create
an unreasonable risk of harm or which may cause a foreseeable trespass by minors, nor does
the assumption of risk apply to perpetrators who are mentally incompetent or deficient.