North Dakota § 32-22-38 Removing or concealing prisoner to avoid writ - Penalty

North Dakota Statutes

§ 32-22-38 — Removing or concealing prisoner to avoid writ - Penalty

North Dakota § 32-22-38

Title 32Judicial Remedies

Ch. 32-22Habeas Corpus

This text of North Dakota § 32-22-38 (Removing or concealing prisoner to avoid writ - Penalty) 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 § 32-22-38 (2026).

Text

Anyone having a person in custody or under restraint, power, or control, for whose relief a
writ of habeas corpus is issued, who, with intent to avoid the effect of such writ, shall transfer
such person to the custody, or place such person under control of another, or shall conceal such
person or change the place of such person's confinement with intent to avoid the operation of
such writ, or with intent to remove such person out of this state, shall be guilty of a class C
felony. In any prosecution under this section, it shall not be necessary to show that the writ of
habeas corpus had issued at the time of the removal, transfer, or concealment therein
mentioned, if it is proven that the acts therein forbidden were done with the intent to avoid the
operation of such writ.

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Anyone having a person in custody or under restraint, power, or control, for whose relief a
writ of habeas corpus is issued, who, with intent to avoid the effect of such writ, shall transfer
such person to the custody, or place such person under control of another, or shall conceal such
person or change the place of such person's confinement with intent to avoid the operation of
such writ, or with intent to remove such person out of this state, shall be guilty of a class C
felony. In any prosecution under this section, it shall not be necessary to show that the writ of
habeas corpus had issued at the time of the removal, transfer, or concealment therein
mentioned, if it is proven that the acts therein forbidden were done with the intent to avoid the
operation of such writ.