This text of North Dakota § 12.1-41-09 (Restitution) 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.
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,
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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.