§ 12.1-41-09 — Restitution

1. The court shall order a person convicted of an offense under section 12.1-41-02,
12.1-41-03, or 12.1-41-04 to pay restitution to the victim of the offense for:
a. Expenses incurred or reasonably certain to be incurred by the victim as a result of
the offense, including reasonable attorney's fees and costs; and
b. An amount equal to the greatest of the following, with no reduction for expenses
the defendant incurred to maintain the victim:
(1) The gross income to the defendant for, or the value to the defendant of, the
victim's labor or services or sexual activity;
(2) The amount the defendant contracted to pay the victim; or
(3) The value of the victim's labor or services or sexual activity, calculated under
the minimum wage and overtime provisions of the Fair Labor Standards Act,
[29 U.S.C. 201 et seq.] or section 34-06-22, whichever is higher, even if the
provisions do not apply to the victim's labor or services or sexual activity.
2. The court shall order restitution under subsection 1 even if the victim is unavailable to
accept payment of restitution.
3. If the victim does not claim restitution ordered under subsection 1 for five years after
entry of the order, the restitution must be paid to the crime victims restitution and gift
fund under section 54-23.4-05.