§ 41-10-02 — Criminal penalty

1. A person commits an offense if the person knowingly causes to be presented for filing
in a filing office, or promotes the filing in a filing office, of a financing statement record
that the person knows:
a. Not to be authorized under section 41-09-80 or 41-09-130 by the natural person
whose name was provided as an individual debtor in the financing statement; and
b. Was filed or presented for filing with the intent that:
(1) The financing statement record be used to harass or hinder the natural
person whose name was provided as an individual debtor in the financing
statement record without that person's authorization; or
(2) The financing statement record be used to defraud any person.
2. An offense under this section is a class A misdemeanor, unless it is alleged and shown
at the trial of the offense that the person had previously been convicted under this
provision on two or more occasions, in which event the offense is a class C felony.