North Dakota § 26.1-02.1-05 Penalties - Restitution

North Dakota Statutes

§ 26.1-02.1-05 — Penalties - Restitution

North Dakota § 26.1-02.1-05

Title 26.1Insurance

Ch. 26.1-02.1Insurance Fraud

This text of North Dakota § 26.1-02.1-05 (Penalties - 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.

Bluebook

N.D. Cent. Code § 26.1-02.1-05 (2026).

Text

1. a. A violation of section 26.1-02.1-02.1 is:

(1)A class A felony if the value of any property or services retained exceeds fifty thousand dollars;

(2)A class B felony if the value of the act associated with the fraud or directly related to the fraud exceeds fifty thousand dollars;

(3)A class B felony if the value of any property or services retained exceeds ten thousand dollars but does not exceed fifty thousand dollars;

(4)A class C felony if the value of the act associated with the fraud or directly related to the fraud exceeds ten thousand dollars but does not exceed fifty thousand dollars;

(5)A class C felony if the value of any property or services retained exceeds one thousand dollars but does not exceed ten thousand dollars; and

(6)A class A misdemeanor in all other cases.

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1. a. A violation of section 26.1-02.1-02.1 is:
(1) A class A felony if the value of any property or services retained exceeds
fifty thousand dollars;
(2) A class B felony if the value of the act associated with the fraud or directly
related to the fraud exceeds fifty thousand dollars;
(3) A class B felony if the value of any property or services retained exceeds ten
thousand dollars but does not exceed fifty thousand dollars;
(4) A class C felony if the value of the act associated with the fraud or directly
related to the fraud exceeds ten thousand dollars but does not exceed fifty
thousand dollars;
(5) A class C felony if the value of any property or services retained exceeds
one thousand dollars but does not exceed ten thousand dollars; and
(6) A class A misdemeanor in all other cases.
b. For purposes of this section, the value of any property and services must be
determined in accordance with section 12.1-23-05.
2. If a practitioner is adjudicated guilty of a violation of section 26.1-02.1-02.1, the court
shall notify the appropriate licensing authority of this state of the adjudication. The
appropriate licensing authority shall hold an administrative hearing to consider the
imposition of administrative sanctions as provided by law against the practitioner.
3. In addition to any other punishment, a person that violates section 26.1-02.1-02.1 must
be ordered to make restitution to the insurer or to any other person for any financial
loss sustained as a result of the violation of section 26.1-02.1-02.1. The court shall
determine the extent and method of restitution.
4. A prosecution for any felony offense under chapter 26.1-02.1 must be commenced
within three years after the date of discovery of the fraud.
5. A prosecution for any misdemeanor or infraction offense under chapter 26.1-02.1 must
be commenced within two years after the date of discovery of the fraud.