North Dakota
North Dakota Felony Classes and Misdemeanor Penalties (2026)
Independently fact-checked against primary sources (last audited October 17, 2026). · 8 primary sources cited on this page. How we verify our legal content
North Dakota sorts every offense into seven classes under N.D.C.C. 12.1-32-01: class AA, A, B and C felonies, class A and B misdemeanors, and the infraction. The class sets the maximum penalty, from life imprisonment without parole for a class AA felony down to a $1,000 fine for an infraction (12.1-32-09 allows longer terms for some repeat offenders), and North Dakota uses the class itself, rather than a separate definition, to mark an offense as a felony or a misdemeanor. For how other states compare, see our guide to felony and misdemeanor classes by state.
Information last verified on 2026-10-17. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers North Dakota's offense classes in N.D.C.C. 12.1-32-01, the rule for unclassified offenses in 12.1-32-12, presumptive probation in 12.1-32-07.4, the armed-offender and 85 percent rules in 12.1-32-02.1 and 12.1-32-09.1, the habitual and dangerous special offender section 12.1-32-09, the felony-to-misdemeanor reduction in 12.1-32-07.1, and probation length and revocation under 12.1-32-06.1 and 12.1-32-07. It does not cover how individual offenses are graded (see the North Dakota theft laws and North Dakota assault and battery laws pages for two examples), time limits for charges, record clearing, parole, juvenile sentencing, local ordinances, or federal offenses (the state-by-state hub covers the federal classes).
Felony vs misdemeanor in North Dakota
North Dakota marks the line by class. N.D.C.C. 12.1-32-01 provides that "Offenses are divided into seven classes, which are denominated and subject to maximum penalties," and names four of those classes felonies and two of them misdemeanors. The seventh class is the infraction.
The Title 12.1 definitions section, 12.1-01-04, defines the broader term: "'Offense' means conduct for which a term of imprisonment or a fine is authorized by statute after conviction." It contains no separate entry for felony, misdemeanor or infraction, so the class an offense statute assigns is what makes the offense a felony or a misdemeanor.
The maximum imprisonment for a misdemeanor is 360 days, not one year. Every felony class carries a maximum of at least five years. A felony conviction can still be deemed a misdemeanor conviction because of the sentence imposed (12.1-32-02(9)), as described below.
North Dakota offense classes and maximum penalties
| Class | Felony or misdemeanor | Statutory term | Maximum fine | Statute |
|---|---|---|---|---|
| Class AA felony | Felony | Maximum of life imprisonment without parole; the court must designate whether the life sentence is with or without an opportunity for parole | Not set in 12.1-32-01 | N.D.C.C. 12.1-32-01(1) |
| Class A felony | Felony | Up to 20 years | Up to $20,000 | N.D.C.C. 12.1-32-01(2) |
| Class B felony | Felony | Up to 10 years | Up to $20,000 | N.D.C.C. 12.1-32-01(3) |
| Class C felony | Felony | Up to 5 years | Up to $10,000 | N.D.C.C. 12.1-32-01(4) |
| Class A misdemeanor | Misdemeanor | Up to 360 days | Up to $3,000 | N.D.C.C. 12.1-32-01(5) |
| Class B misdemeanor | Misdemeanor | Up to 30 days | Up to $1,500 | N.D.C.C. 12.1-32-01(6) |
| Infraction | Infraction (fine-only class) | No imprisonment authorized in 12.1-32-01; a third conviction of the same infraction within one year may be sentenced as a class B misdemeanor | Up to $1,000 | N.D.C.C. 12.1-32-01(7) |
These are the ranges for the class itself. Section 12.1-32-09 sets higher maximums for habitual and dangerous special offenders, and 12.1-32-02.1 requires minimum prison terms for some armed offenses, described below. For the class A felony through the class B misdemeanor, the statute allows imprisonment, a fine, "or both."
The class AA felony is the top of the scale. Section 12.1-32-01(1) adds that a person 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." Our page on how long a life sentence lasts in North Dakota covers what a life term means in practice.
The infraction rule has a procedural limit. A person convicted of an infraction who, within one year before the offense, "has been convicted previously at least twice of the same offense classified as an infraction may be sentenced as though convicted of a class B misdemeanor," but "If the prosecution contends that the infraction is punishable as a class B misdemeanor, the complaint must specify the offense is a misdemeanor" (12.1-32-01(7)).
How a North Dakota sentence is actually set
Chapter 12.1-32 sets maximums by class and contains no sentencing-guidelines grid. Within the class limit the court chooses the sentence, but three provisions shape that choice.
Presumptive probation (12.1-32-07.4). "The sentencing court shall sentence an individual who has pled guilty to, or has been found guilty of, a class C felony offense or class A misdemeanor offense to a term of probation at the time of initial sentencing, except for an offense involving domestic violence; an offense subject to registration under section 12.1-32-15; an offense involving a firearm or dangerous weapon, explosive, or incendiary device; or if a mandatory term of incarceration is required by law." The court may impose imprisonment instead if it finds aggravating factors that justify a departure. The listed factors are a prior felony or class A misdemeanor conviction; the age and vulnerability of the victim, or the individual's position of responsibility or trust over the victim, or abuse of a public position of trust; and the use of force, threats or coercion in committing the offense (12.1-32-07.4(2)).
Armed-offender minimums (12.1-32-02.1). "Notwithstanding any other provision of this title, a term of imprisonment must be imposed upon an offender and served without benefit of parole" in the circumstances the section lists, which involve a firearm, dangerous weapon, explosive or destructive device. The minimum is four years' imprisonment for a class AA, A or B felony and two years for a class C felony. The requirement "applies only when possession of a dangerous weapon, explosive, destructive device, or firearm has been charged and admitted or found to be true in the manner provided by law" (12.1-32-02.1(2)).
The 85 percent rule (12.1-32-09.1). A person convicted of an offense under sections 12.1-16-01, 12.1-16-02, 12.1-17-02(2), 12.1-18-01, the listed parts of 12.1-20-03, 12.1-22-01 or 12.1-22-02(2)(b), or an attempt to commit one of them, who is sentenced to imprisonment "is not eligible for release from confinement on any basis until eighty-five percent of the sentence imposed by the court has been served or the sentence is commuted."
Habitual and dangerous special offenders
Section 12.1-32-09 is North Dakota's repeat-offender statute. It lets a court impose an extended sentence above the class maximum on a dangerous special offender or a habitual offender. Section 12.1-32-01 says it "shall not be construed to forbid sentencing under section 12.1-32-09."
Since August 1, 2025, the habitual-offender finding requires two prior felonies of class C or above. As amended by 2025 House Bill 1225, the court "may not make such a finding unless the offender is an adult and has previously been convicted in any state or states or by the United States of two felonies of class C or above committed at different times when the offender was an adult." A felony from another state or under federal law counts as class C or above "if it is punishable by a maximum term of imprisonment of five years or more." Because every North Dakota felony class is class C or above, the change matters mainly for felonies from other states or under federal law: before it, any such felony counted, whatever its maximum term.
The extended terms are maximums the court "may" impose (12.1-32-09(2)):
| Current conviction | Extended maximum |
|---|---|
| Class A felony | Up to life imprisonment |
| Class B felony | Up to 20 years |
| Class C felony | Up to 10 years |
The prosecutor starts the process. At a reasonable time before trial or a guilty plea, the prosecuting attorney "may sign and file with the court, and may amend, a notice" stating that the defendant is a dangerous special offender or a habitual offender and "setting out with particularity the reasons" (12.1-32-09(3)). A habitual-offender allegation is decided by the court, which "must find that the defendant is a habitual offender by a preponderance of the evidence."
Offenses outside the class system
Some North Dakota offense statutes, including many outside Title 12.1, do not assign a class. Section 12.1-32-12 provides that such an offense "is punishable as provided in the statute or constitutional provision defining it, or: 1. If the offense is declared to be a felony, without further specification of punishment, it is punishable as if it were a class C felony. 2. If the offense is declared to be a misdemeanor, without further specification of punishment, it is punishable as if it were a class A misdemeanor." The section adds that the sentencing alternatives in 12.1-32-02 are available for offenses defined outside Title 12.1.
Can a felony be reduced to a misdemeanor in North Dakota?
North Dakota has two statutory mechanisms, and neither operates at charging. First, under 12.1-32-02(9), "A person who is convicted of a felony and sentenced to imprisonment for not more than three hundred sixty days is deemed to have been convicted of a misdemeanor. However, if an order is entered revoking a term of probation that was imposed as part of a sentence, the person is deemed to have been convicted of a felony."
Second, a reduction can follow probation. Section 12.1-32-07.1(2) applies to a defendant placed on probation under 12.1-32-02(4) and provides: "Every defendant who has fulfilled the conditions of probation for the entire period, or who has been discharged from probation prior to termination of the probation period, may at any time be permitted in the discretion of the court to withdraw the defendant's plea of guilty. The court may in its discretion set aside the verdict of guilty. In either case, the court may dismiss the information or indictment against the defendant. The court may, upon its own motion or upon application by the defendant and before dismissing the information or indictment, reduce to a misdemeanor a felony conviction for which the plea of guilty has been withdrawn or set aside."
The defendant "must then be released from all penalties and disabilities resulting from the offense or crime of which the defendant has been convicted except as provided by sections 12.1-32-15 and 62.1-02-01." Each step under 12.1-32-07.1 is discretionary with the court.
Is an infraction a crime in North Dakota?
Section 12.1-32-01 lists the infraction as one of the seven offense classes and authorizes only "a maximum fine of one thousand dollars." Neither that section nor the definitions section, 12.1-01-04, labels an infraction a crime, and the probation statute groups it with misdemeanors in one cap: unsupervised probation for "a misdemeanor or infraction" is capped at two years (12.1-32-06.1(1)). The repeat-infraction rule described above allows a class B misdemeanor sentence for a third conviction of the same infraction within one year.
Section 12.1-32-03.1 applies the misdemeanor rules of law and criminal procedure to infractions "Except as provided in this title." A person charged with an infraction "is not entitled to be furnished counsel at public expense nor to have a trial by jury unless the person may be subject to a sentence of imprisonment under subsection 7 of section 12.1-32-01." After an infraction conviction, imprisonment is otherwise available only for nonpayment of a fine under 12.1-32-05(3).
Probation in North Dakota
North Dakota sets separate caps for supervised and unsupervised probation. Each runs from the latest of the order imposing probation, release from incarceration (for supervised probation, release from incarceration "or an alternative to incarceration") or the end of parole, and each applies "Except as provided in this section" (12.1-32-06.1(1)-(2)).
| Offense | Unsupervised probation | Supervised probation |
|---|---|---|
| Felony subject to 12.1-32-09.1; felony under 12.1-32-02.1 involving a firearm or dangerous weapon; second or later violation of 12.1-17-07.1 or of a domestic violence protection order; violation of chapter 12.1-41 or of 14-09-22 | Up to 5 years | Up to 5 years |
| Any other felony | Up to 5 years | Up to 3 years |
| Felony sexual offense under chapter 12.1-20 | Not stated separately | At least 5 and not more than 10 years, required; lifetime supervised probation allowed for a class AA felony sexual offense under 12.1-20-03 or 12.1-20-03.1 (12.1-32-06.1(4)) |
| Class A misdemeanor | Up to 2 years | Up to 2 years |
| Class B misdemeanor | Up to 2 years | Up to 360 days |
| Infraction | Up to 2 years | Not stated in 12.1-32-06.1(2) |
Section 12.1-32-06.1 has other exceptions to these caps. After a restitution hearing the court may impose additional periods of unsupervised probation of up to five years each (subsection 3); for a misdemeanor sexual offense under chapter 12.1-20 it may impose additional periods of up to two years each (subsection 4); and for abandonment or nonsupport of a spouse or children, probation "may be continued for as long as responsibility for support continues" (subsection 5).
Probation can be extended after a violation, within overall limits. Under 12.1-32-06.1(6), the court may impose additional probation "if the defendant has not served the maximum sentence of imprisonment available to the court at the time of initial sentencing or deferment or the total time on probation authorized under this section." Total time on probation may not exceed 10 years for class B and greater felonies and the listed offenses, 5 years for all other felonies, and 3 years in misdemeanor cases.
Presumptive probation under 12.1-32-07.4, described above, is not available for every offense. Its exclusions, among them domestic violence, registrable sex offenses, weapon offenses and offenses carrying a mandatory prison term, together with the mandatory terms in 12.1-32-02.1, mean that some convictions require or allow prison at the first sentencing.
What happens after a probation violation in North Dakota
Under 12.1-32-07(6), "If the defendant violates a condition of probation at any time before the expiration or termination of the period, the court may continue the defendant on the existing probation, with or without modifying or enlarging the conditions, or may revoke the probation and impose any other sentence that was available under section 12.1-32-02 or 12.1-32-09 at the time of initial sentencing or deferment."
The court keeps that power briefly after probation ends. It may act on a violation that occurred before expiration "notwithstanding that the order of the court is imposed after the expiration or termination has occurred," but "The petition for revocation must be issued within sixty days of the expiration or termination of probation" (12.1-32-07(7)).
The probation statute also provides intermediate measures short of revocation. The measures listed in 12.1-32-07(3) include "Up to five nonsuccessive periods of incarceration during any twelve-month period, each of which may not exceed forty-eight consecutive hours" and "One period of incarceration during a period of probation not to exceed thirty consecutive days in lieu of a petition for revocation of probation."
Recent changes
- 2025 House Bill 1225 (effective August 1, 2025): amended 12.1-32-09 so that the habitual-offender finding requires two prior felonies "of class C or above," with out-of-state and federal felonies counting if punishable by five years or more. Section 1 of the same act made reckless endangerment with a firearm under 12.1-17-03 a class B felony.
- 2025 Senate Bill 2067 (effective August 1, 2025): amended 12.1-32-06.1(2) so that supervised probation can run from release from incarceration "or an alternative to incarceration."
- 2025 House Bill 1417 (effective August 1, 2025): amended 12.1-32-07 by replacing subsection 2, including its supervision-fee requirement, with a provision allowing the Department of Corrections and Rehabilitation to administer a risk assessment and use the results to set a level of supervision and develop an individualized case plan, and added definitions, including "absconded," to 12.1-01-04.
- 2025 House Bill 1341: expanded the list of victims, such as emergency department and hospital workers engaged in essential patient care, for whom simple assault under 12.1-17-01 is a class C felony. It changed the grading of one offense, not the class system.
- 2025 House Bills 1313 and 1336 (effective August 1, 2025): amended the sentencing alternatives in 12.1-32-02(1).
North Dakota's Legislative Assembly holds regular sessions in odd-numbered years. Under the Legislative Council's summary, "A law enacted during a regular session of the Legislative Assembly takes effect on August 1 after its filing with the Secretary of State." The 2026 special sessions did not amend chapter 12.1-32 or the classification sections.
Related legal issues
Specific offenses are placed into these classes by their own statutes. The North Dakota theft laws page explains how theft is graded into these classes, and the North Dakota assault and battery laws page does the same for assault.
For clearing a record, see North Dakota expungement laws. Time limits for bringing felony and misdemeanor charges are on the North Dakota statute of limitations page.
A felony conviction also matters under federal law: 18 U.S.C. 922(g)(1) makes it unlawful for a person convicted of "a crime punishable by imprisonment for a term exceeding one year" to possess any firearm or ammunition in or affecting commerce, subject to the definitions in 18 U.S.C. 921(a)(20). Separately, 18 U.S.C. 922(g)(9) bars possessing a firearm or ammunition after a conviction in any court of a misdemeanor crime of domestic violence, as 18 U.S.C. 921(a)(33) defines it, whatever the misdemeanor's maximum sentence. The felony and misdemeanor classes hub covers the federal classes.
Related
- Felony and misdemeanor classes by state
- North Dakota theft laws
- North Dakota assault and battery laws
- North Dakota expungement laws
- How long is a life sentence in North Dakota
- Minnesota felony and misdemeanor levels
- South Dakota felony and misdemeanor classes
This article provides general legal information about North Dakota law as of 2026-10-17. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in North Dakota.
Last updated: 2026-10-17.
Frequently Asked Questions
What is the difference between a felony and a misdemeanor in North Dakota?
North Dakota draws the line by class. Under N.D.C.C. 12.1-32-01, class AA, A, B and C offenses are felonies, with class maximums from 5 years up to life without parole before any extended sentence under 12.1-32-09, while class A and B misdemeanors carry no more than 360 days or 30 days of imprisonment.
What are the felony classes in North Dakota?
There are four: class AA (maximum life imprisonment without parole), class A (up to 20 years and $20,000), class B (up to 10 years and $20,000) and class C (up to 5 years and $10,000), under 12.1-32-01. The habitual and dangerous special offender section, 12.1-32-09, allows longer terms for some repeat offenders.
Is there a class D felony in North Dakota?
No. Section 12.1-32-01 lists only class AA, A, B and C felonies. An offense declared a felony without a stated penalty is punished as a class C felony (12.1-32-12).
What is a class A misdemeanor in North Dakota?
It is the higher of the two misdemeanor classes, punishable by up to 360 days of imprisonment, a fine of up to $3,000, or both (12.1-32-01(5)). A class B misdemeanor carries up to 30 days and $1,500.
Is an infraction a crime in North Dakota?
Section 12.1-32-01 lists the infraction as one of the seven offense classes and authorizes only a fine of up to $1,000; neither that section nor the definitions section, 12.1-01-04, labels it a crime. A person with two prior convictions of the same infraction within one year may be sentenced as for a class B misdemeanor if the complaint says the offense is a misdemeanor.
Can a felony be reduced to a misdemeanor in North Dakota?
Section 12.1-32-07.1(2) lets the court, after a defendant placed on probation under 12.1-32-02(4) has completed probation and the guilty plea or verdict has been withdrawn or set aside, reduce the felony conviction to a misdemeanor before dismissing the case. It is a discretionary power of the court. Separately, 12.1-32-02(9) deems a felony conviction with a sentence of 360 days or less of imprisonment a misdemeanor conviction, unless probation imposed as part of that sentence is later revoked.
How long is probation in North Dakota?
Under 12.1-32-06.1, unsupervised probation may not exceed 5 years for a felony or 2 years for a misdemeanor or infraction. Supervised probation is capped at 3 years for most felonies, 5 years for listed felonies, 2 years for a class A misdemeanor and 360 days for a class B misdemeanor, and felony sex offenses under chapter 12.1-20 require 5 to 10 years, with lifetime supervised probation allowed for a class AA felony sexual offense. Longer terms are also allowed after a violation, after a restitution hearing and for nonsupport.
What happens if you violate probation in North Dakota?
Under 12.1-32-07(6), the court may continue probation, with or without modified or enlarged conditions, or revoke it and impose any sentence that was available at the original sentencing or deferment. A petition for revocation must be issued within 60 days after probation ends (12.1-32-07(7)).
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
§ 12.1-32-01Classification of offenses - PenaltiesIn forcecited in 18 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)
§ 12.1-32-12Penalties, sentences, and parole for offenses unclassified and in other titlesIn force
Where an offense is defined by a statute or by the constitution without specification of its classification pursuant to section 12.1-32-01, the offense is punishable as provided in the statute or constitutional provision defining it, or: If the offense is declared to be a felony, without further specification of punishment, it is punishable as if it were a class C felony. If the offense is declared to be a misdemeanor, without further specification of punishment, it is punishable as if it were a class A misdemeanor. The sentencing alternatives available under section 12.1-32-02 are available to a court sentencing an offender for commission of an offense defined by a statute outside this title.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at ndlegis.gov
§ 12.1-32-06.1Length and termination of probation - Additional probation for violation of conditions - PenaltyIn force
Except as provided in this section, the length of unsupervised probation imposed in conjunction with a sentence to probation or a suspended execution or deferred imposition of sentence may not extend for more than five years for a felony and two years for a misdemeanor or infraction from the later of the date of: The order imposing probation; The defendant's release from incarceration; or Termination of the defendant's parole. Except as provided in this section, the length of supervised probation imposed in conjunction with a sentence of probation or a suspended execution or deferred imposition of sentence may not extend for more than five years for a felony offense subject to section 12.1-32-09.1, a felony offense subject to section 12.1-32-02.1, which involves the use of a firearm or dangerous weapon, a second or subsequent violation of section 12.1-17-07.1, a second or subsequent violation of any domestic violence protection order, a violation of chapter 12.1-41, or a violation of section 14-09-22; three years for any other felony offense; two years for a class A misdemeanor; and three hundred sixty days for a class B misdemeanor offense from the later of the date of: The…
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at ndlegis.gov
§ 12.1-32-07.4Presumptive probationIn forcecited in 2 of our articles
The sentencing court shall sentence an individual who has pled guilty to, or has been found guilty of, a class C felony offense or class A misdemeanor offense to a term of probation at the time of initial sentencing, except for an offense involving domestic violence; an offense subject to registration under section 12.1-32-15; an offense involving a firearm or dangerous weapon, explosive, or incendiary device; or if a mandatory term of incarceration is required by law. The sentencing court may impose a sentence of imprisonment if the sentencing court finds there are aggravating factors present to justify a departure from presumptive probation.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at ndlegis.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2019
Opinions citing this section in our collection:
- State v. Christensen (North Dakota Supreme Court 2019, 2019 ND 11)“…ation and as required by the presumptive probation statute, N.D.C.C. § 12.1-32-07.4(1). The court found there were no aggra…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 12.1-32-09Dangerous special offenders - Habitual offenders - Extended sentences - ProcedureIn forcecited in 2 of our articles
A court may sentence a convicted offender to an extended sentence as a dangerous special offender or a habitual offender in accordance with this section upon a finding of any one or more of the following: The convicted offender is a dangerous, mentally abnormal person whose conduct has been characterized by persistent aggressive behavior and the behavior makes the offender a serious danger to other persons. The convicted offender is a professional criminal who has substantial income or resources derived from criminal activity. The convicted offender is a habitual offender. The court may not make such a finding unless the offender is an adult and has previously been convicted in any state or states or by the United States of two felonies committed at different times when the offender was an adult. For the purposes of this subdivision, a felony conviction in another state or under the laws of the United States is considered a felony. The offender was convicted of an offense that seriously endangered the life of another person and the offender had previously been convicted of a similar offense.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at ndlegis.gov
Also relied on in: North Dakota Theft Laws: Felony Threshold, Shoplifting, Penalties
§ 12.1-32-02Sentencing alternatives - Credit for time in custody - Diagnostic testingIn forcecited in 2 of our articles
Every person convicted of an offense who is sentenced by the court must be sentenced to one or a combination of the following alternatives, unless the sentencing alternatives are otherwise specifically provided in the statute defining the offense or sentencing is deferred under subsection 4: Payment of the reasonable costs of the person's prosecution. Probation. A term of imprisonment, including intermittent imprisonment: In a state correctional facility in accordance with section 29-27-07, in a regional corrections center, or in a county jail, if convicted of a felony or a class A misdemeanor. In a county jail or in a regional corrections center, if convicted of a class B misdemeanor. In a facility or program deemed appropriate for the treatment of the individual offender, including available community-based or faith-based programs. In the case of persons convicted of an offense who are under eighteen years of age at the time of sentencing, the court is limited to sentencing the minor defendant to a term of imprisonment in the custody of the department of corrections and rehabilitation. A fine. Restitution for damages resulting from the commission of the offense.
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: 2026
Opinions citing this section in our collection:
- State v. Bender (North Dakota Supreme Court 1998, 576 N.W.2d 210)“…d anger management counseling while in prison. [¶ 8] N.D.C.C. § 12.1-32-02 authorizes the court to sentence to a t…”
- State v. Causer (North Dakota Supreme Court 2004, 678 N.W.2d 552)“…tencing alternatives are available to the trial court under N.D.C.C. § 12.1-32-02. [¶ 29] “On probable cause to be…”
- State v. Buchholz (North Dakota Supreme Court 2005, 692 N.W.2d 105)“…[¶ 5] The district court held the 2001 amendment to N.D.C.C. § 12.1-32-02(9) instantaneously converts a felony co…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: North Dakota Expungement Laws: Record Sealing Under N.D.C.C. § 12-60.1
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Sources and References
- N.D.C.C. 12.1-32-01, Classification of offenses - Penalties (chapter 12.1-32)(ndlegis.gov).gov
- N.D.C.C. 12.1-01-04, General definitions (chapter 12.1-01)(ndlegis.gov).gov
- 2025 House Bill 1225, enrolled text (amending N.D.C.C. 12.1-32-09)(ndlegis.gov).gov
- House Bill 1225 (2025), bill actions(ndlegis.gov).gov
- North Dakota Legislative Council, effective dates of 2025-26 legislation(ndlegis.gov).gov
- 2025 Senate Bill 2067, enrolled text (N.D.C.C. 12.1-32-06.1)(ndlegis.gov).gov
- 2025 House Bill 1417, enrolled text (N.D.C.C. 12.1-32-07, 12.1-01-04)(ndlegis.gov).gov
- 2025 House Bill 1341, enrolled text (N.D.C.C. 12.1-17-01)(ndlegis.gov).gov
- 18 U.S.C. 922, Unlawful acts(law.cornell.edu)
- 18 U.S.C. 921, Definitions(law.cornell.edu)
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