North Dakota
North Dakota Assault Laws: Simple vs Aggravated Assault and Penalties
Independently fact-checked against primary sources (last audited October 14, 2026). · 11 primary sources cited on this page. How we verify our legal content
North Dakota does not have a separate battery crime. Its assault chapter, N.D.C.C. Chapter 12.1-17, grades one family of assault offenses by the injury caused: simple assault under 12.1-17-01 covers bodily injury, assault under 12.1-17-01.1 covers substantial bodily injury, and aggravated assault under 12.1-17-02 covers serious bodily injury, injury inflicted with a dangerous weapon and other listed conduct. Simple assault is a misdemeanor in its basic form, and the charge becomes a felony as the injury becomes more serious, when a weapon is involved, or when the victim is a child under 12 or belongs to a protected group. For other states, see our guide to assault and battery laws by state.
Information last verified on 2026-10-13. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers North Dakota's assault statutes in N.D.C.C. Chapter 12.1-17 (sections 12.1-17-01 through 12.1-17-05, 12.1-17-11 and 12.1-17-12), the definitions in 12.1-01-04, the penalty classes in 12.1-32-01 and the civil filing period in 28-01-18. It does not cover self-defense and justification (see North Dakota self-defense laws), protective orders (see North Dakota restraining order laws), sexual offenses, disorderly conduct, federal assault crimes (see the hub), tribal law or city ordinances. Assault of an unborn child is a separate set of offenses in chapter 12.1-17.1 and is not covered here.
Assault vs. battery in North Dakota
North Dakota folds what other states call battery into its assault offenses. Chapter 12.1-17 contains no offense named battery; each of its assault sections is defined by the injury the person causes. The basic offense, simple assault, reads:
"12.1-17-01. Simple assault. 1. A person is guilty of an offense if that person: a. Willfully causes bodily injury to another human being; or b. Negligently causes bodily injury to another human being by means of a firearm, destructive device, or other weapon, the use of which against a human being is likely to cause death or serious bodily injury."
The names can be confusing. In North Dakota, "simple assault" is the bodily-injury offense, while the offense named "assault" in 12.1-17-01.1 is the more serious one, covering substantial bodily injury.
Conduct that frightens someone without injuring them is handled by separate sections. Menacing under 12.1-17-05 applies when a person "knowingly places or attempts to place another human being in fear by menacing him with imminent serious bodily injury." Terrorizing under 12.1-17-04 covers threats to commit a crime of violence or an act dangerous to human life, made with intent to place another person in fear for that person's or another's safety, or with one of the other purposes the section lists, or in reckless disregard of the risk of causing that terror, disruption or inconvenience.
Is assault a felony in North Dakota?
Ordinary simple assault and assault are misdemeanors. An assault offense is a felony in situations including these:
- Aggravated assault. Every form of aggravated assault under 12.1-17-02 is at least a class C felony.
- Simple assault on a protected victim. Simple assault on a person in one of the groups listed in 12.1-17-01(2)(a) is a class C felony (described below).
- Substantial bodily injury to a child under 12. Assault under 12.1-17-01.1 is a class C felony "if the victim is under the age of twelve years."
- Serious bodily injury to a family or household member. Domestic violence causing serious bodily injury is a class C felony under 12.1-17-01.2(3)(b).
N.D.C.C. 12.1-32-01 divides felonies into classes AA, A, B and C. Class C is the lowest, with a maximum of five years in prison, a $10,000 fine, or both.
North Dakota assault offenses and penalties
| Offense | Statute | What it covers | Class | Statutory maximum |
|---|---|---|---|---|
| Simple assault | N.D.C.C. 12.1-17-01(1), (2)(b) | Willfully causing bodily injury, or negligently causing bodily injury with a firearm, destructive device or other weapon likely to cause death or serious bodily injury | Class B misdemeanor | 30 days, a $1,500 fine, or both |
| Simple assault on a protected victim | N.D.C.C. 12.1-17-01(2)(a) | Simple assault on a person in a group listed in the statute, with the conditions the statute attaches to each group | Class C felony | 5 years, a $10,000 fine, or both |
| Assault | N.D.C.C. 12.1-17-01.1 | Willfully causing substantial bodily injury, or negligently causing it with a firearm, destructive device or other weapon likely to cause death or serious bodily injury | Class A misdemeanor; class C felony if the victim is under 12 | Class A misdemeanor: 360 days, a $3,000 fine, or both; class C felony: 5 years, a $10,000 fine, or both |
| Aggravated assault | N.D.C.C. 12.1-17-02(1) | Willfully causing serious bodily injury; knowingly causing bodily or substantial bodily injury with a dangerous weapon or another weapon whose possession indicates an intent or readiness to inflict serious bodily injury; causing bodily or substantial bodily injury while attempting to inflict serious bodily injury; or firing a firearm or hurling a destructive device at another person | Class C felony | 5 years, a $10,000 fine, or both |
| Aggravated assault, enhanced | N.D.C.C. 12.1-17-02(2) | Aggravated assault where the victim is under 12, is a peace officer or correctional institution employee acting in an official capacity and the actor knows it, or suffers permanent loss or impairment of the function of a bodily member or organ | Class B felony | 10 years, a $20,000 fine, or both |
| Domestic violence | N.D.C.C. 12.1-17-01.2 | Willfully causing bodily, substantial bodily or serious bodily injury to the actor's family or household member | Class B misdemeanor to class B felony (see the domestic violence section) | Depends on the class |
| Menacing | N.D.C.C. 12.1-17-05 | Knowingly placing or attempting to place another person in fear by menacing with imminent serious bodily injury | Class A misdemeanor | 360 days, a $3,000 fine, or both |
| Terrorizing | N.D.C.C. 12.1-17-04 | Threatening a crime of violence or an act dangerous to human life, or falsely reporting such a danger, with the intent or reckless disregard the section describes | Class C felony | 5 years, a $10,000 fine, or both |
| Reckless endangerment | N.D.C.C. 12.1-17-03 | Creating a substantial risk of serious bodily injury or death to another | Class A misdemeanor; class C felony with extreme indifference to the value of human life; class B felony if a firearm is used | 360 days and $3,000; 5 years and $10,000; or 10 years and $20,000, in each case either or both |
| Contact by bodily fluids or excrement | N.D.C.C. 12.1-17-11 | Causing blood, saliva, urine or other listed substances to contact a listed person, such as a law enforcement officer acting in the scope of employment | Class C felony if knowing; class A misdemeanor if reckless | 5 years and $10,000, or 360 days and $3,000, in each case either or both |
| Assault while fleeing a peace officer | N.D.C.C. 12.1-17-12 | Negligently causing serious bodily injury to another while violating section 39-10-71 | Class B felony | 10 years, a $20,000 fine, or both |
The ranges come from N.D.C.C. 12.1-32-01, which sets the maximum penalty for each class: a class B felony carries "a maximum penalty of ten years' imprisonment, a fine of twenty thousand dollars, or both"; a class C felony "five years' imprisonment, a fine of ten thousand dollars, or both"; a class A misdemeanor "imprisonment for three hundred sixty days, a fine of three thousand dollars, or both"; and a class B misdemeanor "thirty days' imprisonment, a fine of one thousand five hundred dollars, or both." These are maximums that "may be imposed," not a prediction of the sentence in any case.
These are the maximums for the offense itself. When possession of a dangerous weapon, explosive, destructive device or firearm is charged and admitted or found, 12.1-32-02.1 requires a minimum prison term served without parole: two years for a class C felony and four years for a class AA, A or B felony, even when being armed is an element of the offense. Section 12.1-32-01 also "shall not be construed to forbid sentencing under section 12.1-32-09, relating to extended sentences," so after notice and a hearing a court may extend the maximum for a class C felony to 10 years and for a class B felony to 20 years under 12.1-32-09, for example for a habitual offender (since August 1, 2025, two prior adult felony convictions of class C or above committed at different times) or an offender who used a firearm, dangerous weapon or destructive device in the offense.
Definitions that decide the grade
North Dakota's general definitions in N.D.C.C. 12.1-01-04 set the three injury levels that separate the assault offenses:
- Bodily injury (12.1-01-04(5)): "any impairment of physical condition, including physical pain."
- Substantial bodily injury (12.1-01-04(32)): "a substantial temporary disfigurement, loss, or impairment of the function of any bodily member or organ."
- Serious bodily injury (12.1-01-04(30)): "bodily injury that creates a substantial risk of death or which causes serious permanent disfigurement, unconsciousness, extreme pain, permanent loss or impairment of the function of any bodily member or organ, a bone fracture, or impediment of air flow or blood flow to the brain or lungs."
Chapter 12.1-17 has no section named strangulation. Because serious bodily injury includes "impediment of air flow or blood flow to the brain or lungs," an injury of that kind falls within the serious-bodily-injury level used in aggravated assault.
Dangerous weapon. Aggravated assault under 12.1-17-02(1)(b) turns on a "dangerous weapon or other weapon, the possession of which under the circumstances indicates an intent or readiness to inflict serious bodily injury." Section 12.1-01-04(7) says a dangerous weapon "includes any switchblade or gravity knife, machete, scimitar, stiletto, sword, or dagger; any billy, blackjack, sap, bludgeon, cudgel, metal knuckles, or sand club; any slingshot; any bow and arrow, crossbow, or spear; any weapon that will expel, or is readily capable of expelling, a projectile by the action of a spring, compressed air, or compressed gas including any such weapon, loaded or unloaded, commonly referred to as a BB gun, air rifle, or CO2 gun; and any projector of a bomb or any object containing or capable of producing and emitting any noxious liquid, gas, or substance."
Assaulting a police officer, firefighter or hospital worker
N.D.C.C. 12.1-17-01(2)(a) makes simple assault a class C felony when the victim is:
"a peace officer or correctional institution employee acting in an official capacity, which the actor knows to be a fact; an employee of the state hospital acting in the course and scope of employment, which the actor knows to be a fact, and the actor is an individual committed to or detained at the state hospital pursuant to chapter 25-03.3; a person engaged in a judicial proceeding; or a member of a municipal or volunteer fire department or emergency medical services personnel unit, or emergency department worker or hospital worker, engaged in essential patient care, in the performance of the member's duties."
Each group carries its own condition. The officer category requires that the officer be acting in an official capacity and that the actor know it; the state hospital category applies only to an assault by an individual committed to or detained at the state hospital under chapter 25-03.3; and the fire, emergency medical, emergency department and hospital worker category applies to workers "engaged in essential patient care, in the performance of the member's duties." Teachers and sports officials are not among the groups listed in 12.1-17-01(2)(a).
For aggravated assault, 12.1-17-02(2) raises the offense to a class B felony when the victim is under 12, is "a peace officer or correctional institution employee acting in an official capacity, which the actor knows to be a fact," or "suffers permanent loss or impairment of the function of a bodily member or organ." A person sentenced to imprisonment for this class B form is generally not eligible for release until 85 percent of the sentence has been served (12.1-32-09.1).
Bodily fluids. Section 12.1-17-11 separately punishes causing "blood, emesis, excrement, mucus, saliva, semen, vaginal fluid, or urine" to come in contact with listed people, including a law enforcement officer acting in the scope of employment, correctional facility and corrections department employees acting in the scope of employment (unless an act within the scope of employment requires or causes the contact), a person transporting someone lawfully detained, a health care facility employee or contractor acting within the scope of employment (with the same exception), and an emergency responder present at a health care facility while acting in the scope of employment. The offense is a class C felony if the contact is knowing and a class A misdemeanor if it is reckless. Under 12.1-17-11(2), the section does not apply to a mentally ill person as defined in 25-03.1-02 who has been detained under chapter 25-03.1.
Domestic violence assault
North Dakota charges an assault on a family member under its own section, N.D.C.C. 12.1-17-01.2. It applies when a person willfully causes bodily injury, substantial bodily injury or serious bodily injury to "the actor's family or household member," a term the section takes from 14-07.1-01.
| Domestic violence | Statute | Class | Statutory maximum |
|---|---|---|---|
| Bodily injury, first offense | 12.1-17-01.2(3)(a) | Class B misdemeanor | 30 days, a $1,500 fine, or both |
| Second or later offense under 12.1-17-01.2, or under 12.1-17-01, 12.1-17-01.1 or 12.1-17-02 involving domestic violence | 12.1-17-01.2(3)(a) | Class A misdemeanor | 360 days, a $3,000 fine, or both |
| Substantial bodily injury | 12.1-17-01.2(3)(b) | Class A misdemeanor | 360 days, a $3,000 fine, or both |
| Serious bodily injury | 12.1-17-01.2(3)(b) | Class C felony | 5 years, a $10,000 fine, or both |
| Substantial or serious bodily injury to a victim under 12 | 12.1-17-01.2(3)(c) | Class B felony | 10 years, a $20,000 fine, or both |
For the repeat-offense rule, "a prior conviction includes a conviction of any assault offense in which a finding of domestic violence was made under a law or ordinance of another state which is equivalent to this section." A domestic violence charge "must be prosecuted in district court" (12.1-17-01.2(4)). The section also applies to a person under 18 if the victim "is or was in a dating relationship with the individual" or the person "has a child in common with the victim" (12.1-17-01.2(5)). When an assault offense under 12.1-17-01, 12.1-17-01.1, 12.1-17-01.2 or 12.1-17-02 is against an intimate partner, the sentence must include an order to complete a domestic violence offender assessment and intervention program as determined by the court (12.1-17-13).
Under federal law, 18 U.S.C. 922(g)(9) makes it unlawful for a person convicted of a misdemeanor crime of domestic violence to possess a firearm or ammunition in or affecting commerce; the assault and battery hub explains that rule. Protective orders are covered in North Dakota restraining order laws.
Recent changes
House Bill 1341 (2025), signed April 15, 2025 and effective August 1, 2025, amended and reenacted 12.1-17-01, the simple assault section. House Bill 1225 (2025), also effective August 1, 2025, made reckless endangerment with a firearm a class B felony (previously class C) and limited the habitual-offender ground in 12.1-32-09 to prior felonies of class C or above.
Civil lawsuits for assault and battery
A criminal prosecution and a civil lawsuit are separate. Although the criminal code has no battery offense, the civil limitations statute names both claims. N.D.C.C. 28-01-18 provides: "Except as provided in section 28-01-25.2, the following actions must be commenced within two years after the claim for relief has accrued: 1. An action for libel, slander, assault, battery, or false imprisonment." Section 28-01-25.2 gives nine years from the act for a claim based on sexual assault, sexual abuse, gross sexual imposition or another sexual act or sexual contact, and 28-01-25.1 gives 21 years for childhood sexual abuse. Under 28-01-25, if the injured person was under 18, insane or imprisoned on a criminal charge when the claim accrued, that time does not count, but the period cannot be extended longer than one year after the disability ends and, except for minors, no more than five years. For other filing periods, see our guide to the North Dakota statute of limitations.
Related legal issues
Self-defense and defense of others are justifications with their own rules; see North Dakota self-defense laws. For protective orders after an assault or threat by a family or household member, see North Dakota restraining order laws. For clearing or sealing a past conviction, see North Dakota expungement laws.
Related pages
- Assault and battery laws by state
- North Dakota self-defense laws
- North Dakota restraining order laws
- North Dakota expungement laws
- North Dakota statute of limitations
- South Dakota assault and battery laws
- Minnesota assault and battery laws
This article provides general legal information about North Dakota assault statutes as of 2026-10-13. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in North Dakota.
Last updated: 2026-10-13.
Frequently Asked Questions
What is the difference between assault and battery in North Dakota?
North Dakota does not have a separate battery crime. Its assault chapter, N.D.C.C. Chapter 12.1-17, grades assault by injury: simple assault for bodily injury, assault for substantial bodily injury and aggravated assault for serious bodily injury or the use of a dangerous weapon, among other listed conduct.
Is assault a felony in North Dakota?
It depends on the injury and the victim. Simple assault is a class B misdemeanor and assault (substantial bodily injury) is a class A misdemeanor, but aggravated assault is a class C felony (up to 5 years, a $10,000 fine, or both), and simple assault on a listed protected victim is also a class C felony (N.D.C.C. 12.1-17-01, 12.1-17-02, 12.1-32-01). A charged and proven weapon or firearm adds a minimum prison term without parole (12.1-32-02.1).
What is the penalty for simple assault in North Dakota?
Simple assault is a class B misdemeanor, which carries a maximum of 30 days in jail, a $1,500 fine, or both (N.D.C.C. 12.1-17-01(2)(b); 12.1-32-01(6)). It is a class C felony when the victim is in one of the groups listed in 12.1-17-01(2)(a).
What happens if you assault a police officer in North Dakota?
Simple assault on a peace officer or correctional institution employee acting in an official capacity, when the actor knows that fact, is a class C felony (N.D.C.C. 12.1-17-01(2)(a)). Aggravated assault on such an officer is a class B felony, punishable by up to 10 years, a $20,000 fine, or both (12.1-17-02(2)(b); 12.1-32-01(3)).
Is assaulting a nurse or hospital worker a felony in North Dakota?
Simple assault on an emergency department worker or hospital worker engaged in essential patient care, in the performance of the worker's duties, is a class C felony under N.D.C.C. 12.1-17-01(2)(a). Knowingly causing bodily fluids to contact a health care facility employee acting within the scope of employment is a class C felony under 12.1-17-11, with exceptions in that section.
Is strangulation a felony in North Dakota?
Chapter 12.1-17 has no section named strangulation. North Dakota's definition of serious bodily injury includes impediment of air flow or blood flow to the brain or lungs (N.D.C.C. 12.1-01-04(30)), and willfully causing serious bodily injury is aggravated assault, a class C felony (12.1-17-02(1)(a)).
How long do you have to sue for assault in North Dakota?
N.D.C.C. 28-01-18(1) requires an action for libel, slander, assault, battery or false imprisonment to be started within two years after the claim accrues. Longer periods apply to claims based on sexual assault or sexual contact (nine years from the act, 28-01-25.2), childhood sexual abuse (21 years, 28-01-25.1), and claimants who were under 18, insane or imprisoned when the claim arose (28-01-25).
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
North Dakota Century Code
§ 12.1-17-01Simple assaultIn force
A person is guilty of an offense if that person: Willfully causes bodily injury to another human being; or Negligently causes bodily injury to another human being by means of a firearm, destructive device, or other weapon, the use of which against a human being is likely to cause death or serious bodily injury. The offense is: A class C felony when the victim is a peace officer or correctional institution employee acting in an official capacity, which the actor knows to be a fact; an employee of the state hospital acting in the course and scope of employment, which the actor knows to be a fact, and the actor is an individual committed to or detained at the state hospital pursuant to chapter 25-03.3; a person engaged in a judicial proceeding; or a member of a municipal or volunteer fire department or emergency medical services personnel unit, or emergency department worker or hospital worker, engaged in essential patient care, in the performance of the member's duties. A class B misdemeanor except as provided in subdivision a.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at ndlegis.gov
§ 12.1-17-01.1AssaultIn force
A person is guilty of a class A misdemeanor, except if the victim is under the age of twelve years in which case the offense is a class C felony, if that person: Willfully causes substantial bodily injury to another human being; or Negligently causes substantial bodily injury to another human being by means of a firearm, destructive device, or other weapon, the use of which against a human being is likely to cause death or serious bodily injury.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at ndlegis.gov
§ 12.1-17-02Aggravated assaultIn forcecited in 2 of our articles
Except as provided in subsection 2, a person is guilty of a class C felony if that person: Willfully causes serious bodily injury to another human being; Knowingly causes bodily injury or substantial bodily injury to another human being with a dangerous weapon or other weapon, the possession of which under the circumstances indicates an intent or readiness to inflict serious bodily injury; Causes bodily injury or substantial bodily injury to another human being while attempting to inflict serious bodily injury on any human being; or Fires a firearm or hurls a destructive device at another human being. The person is guilty of a class B felony if the person violates subsection 1 and the victim: Is under twelve years of age; Is a peace officer or correctional institution employee acting in an official capacity, which the actor knows to be a fact; or Suffers permanent loss or impairment of the function of a bodily member or organ.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at ndlegis.gov
Cited in 54 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- State v. Mathre (North Dakota Supreme Court 1999, 603 N.W.2d 173)“…23, 1998, Mathre was charged with aggravated assault under N.D.C.C. § 12.1-17-02. On December 31, 1998, the State filed…”
- Dellwo v. R.D.B. (North Dakota Supreme Court 1998, 575 N.W.2d 420)“…to another, constituting aggravated assault in violation of N.D.C.C. § 12.1-17-02(1). [¶ 4]At an initial hearing on Oct…”
- State v. Vetter (North Dakota Supreme Court 2013, 826 N.W.2d 334)“…t. [¶ 4] Vetter was convicted of aggravated assault under N.D.C.C. § 12.1-17-02(1). The jury' specially found Vetter “i…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: North Dakota Pepper Spray and Stun Gun Laws (2026)
§ 12.1-17-01.2Domestic violenceIn force
For purposes of this section "family or household member" means family or household member as defined in section 14-07.1-01. A person is guilty of an offense if that person willfully causes: Bodily injury to the actor's family or household member; Substantial bodily injury to the actor's family or household member; or Serious bodily injury to the actor's family or household member. The offense is: A class B misdemeanor for the first offense under subdivision a of subsection 2 and a class A misdemeanor for a second or subsequent offense under this section or sections 12.1-17-01, 12.1-17-01.1, or 12.1-17-02 involving the commission of domestic violence, as defined in section 14-07.1-01. For purposes of this subdivision, a prior conviction includes a conviction of any assault offense in which a finding of domestic violence was made under a law or ordinance of another state which is equivalent to this section. A class A misdemeanor for an offense under subdivision b of subsection 2 and a class C felony for an offense under subdivision c of subsection 2. A class B felony for an offense under subdivision b or c of subsection 2 if the victim is under twelve years of age.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at ndlegis.gov
§ 12.1-01-04General definitionsIn forcecited in 4 of our articles
As used in this title, unless a different meaning plainly is required: "Absconded" means when a probationer, parolee, participant in a pretrial services program, or participant in a prosecution-led diversion program willfully avoids supervision by making their whereabouts unknown or fails to report to a supervising authority. "Act" or "action" means a bodily movement, whether voluntary or involuntary. "Acted", "acts", and "actions" include, where relevant, "omitted to act" and "omissions to act". "Actor" includes, where relevant, a person guilty of an omission. "Bodily injury" means any impairment of physical condition, including physical pain. "Court" means any of the following courts: the supreme court, a district court, and where relevant, a municipal court.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at ndlegis.gov
Cited in 69 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Thompson v. Olson (North Dakota Supreme Court 2006, 711 N.W.2d 226)“…ion, that is what it means. N.D.C.C. § 1-02-02. [¶ 29] In N.D.C.C. § 12.1-01-04(29), the legislature had defined "serio…”
- State v. Keller (North Dakota Supreme Court 2005, 695 N.W.2d 703)“…of culpability suffices to establish its commission. N.D.C.C. § 12.1-01-04(15). [¶ 26] As noted above, this…”
- Moses v. Burleigh County (North Dakota Supreme Court 1989, 438 N.W.2d 186)“…d. She stressed statutory definitions of "peace officer" in NDCC 12.1-01-04(17) ("a public servant authorized ... t…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: North Dakota Knife Laws (2026): The 6-Inch Rule and Licensing, Are Brass Knuckles Legal in North Dakota? (2026 Law)
§ 12.1-32-01Classification of offenses - PenaltiesIn forcecited in 14 of our articles
Offenses are divided into seven classes, which are denominated and subject to maximum penalties, as follows: Class AA felony, for which a maximum penalty of life imprisonment without parole may be imposed. The court must designate whether the life imprisonment sentence imposed is with or without an opportunity for parole. Notwithstanding the provisions of section 12-59-05, a person found guilty of a class AA felony and who receives a sentence of life imprisonment with parole, shall not be eligible to have that person's sentence considered by the parole board for thirty years, less sentence reduction earned for good conduct, after that person's admission to the penitentiary. Class A felony, for which a maximum penalty of twenty years' imprisonment, a fine of twenty thousand dollars, or both, may be imposed. Class B felony, for which a maximum penalty of ten years' imprisonment, a fine of twenty thousand dollars, or both, may be imposed. Class C felony, for which a maximum penalty of five years' imprisonment, a fine of ten thousand dollars, or both, may be imposed.
Official text (excerpt) · last checked 2026-09-24 · Read the full text in our law library · Verify at ndlegis.gov
Cited in 67 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Brown (North Dakota Supreme Court 2009, 2009 N.D. 150)“…ws ch. 116, § 23. The current relevant statutory provision, N.D.C.C. § 12.1-32-01, lists the various categories of crimin…”
- State v. Magnuson (North Dakota Supreme Court 1997, 571 N.W.2d 642)“…lony charge of murder. The penalty provision for the crime, N.D.C.C. § 12.1-32-01(1), said a person found guilty of a cla…”
- State v. Vickerman (North Dakota Supreme Court 2022, 981 N.W.2d 881)“…ceeding his life expectancy with parole implicitly violates N.D.C.C. § 12.1-32-01(1). Our review “of a criminal sentence…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: North Dakota GPS Tracking Laws: Is It Legal to Put a Tracker on a Car? (2026), North Dakota AI Meeting Recording Laws (2026), North Dakota Audio Recording Laws: One-Party Consent Rules and Penalties (2026)
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Sources and References
- N.D.C.C. Chapter 12.1-17, Assaults, threats, coercion, harassment(ndlegis.gov).gov
- N.D.C.C. 12.1-01-04, General definitions(ndlegis.gov).gov
- N.D.C.C. Chapter 12.1-32, Penalties and sentencing (12.1-32-01, 12.1-32-02.1, 12.1-32-09.1)(ndlegis.gov).gov
- 18 U.S.C. 922(g)(9), Firearm possession after a misdemeanor domestic violence conviction(www.govinfo.gov).gov
- North Dakota Legislative Assembly, 2025 House Bill 1341 (simple assault)(ndlegis.gov).gov
- North Dakota Legislative Assembly, 2025 House Bill 1225 (reckless endangerment and habitual offenders)(ndlegis.gov).gov
- N.D.C.C. Chapter 28-01, Limitations of actions (28-01-18, 28-01-25, 28-01-25.1, 28-01-25.2)(ndlegis.gov).gov
- N.D.C.C. Chapter 12.1-17.1, Offenses against an unborn child(ndlegis.gov).gov
- 2025 House Bill 1225, enrolled text (12.1-17-03 and 12.1-32-09)(ndlegis.gov).gov
- 2025 House Bill 1341, bill actions(ndlegis.gov).gov
- Effective dates of 2025 North Dakota legislation(ndlegis.gov).gov
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