North Dakota Identity Theft Laws: N.D.C.C. 12.1-23-11 Penalties Explained

North Dakota's identity theft statute, N.D.C.C. § 12.1-23-11, splits the offense into two tracks: conduct aimed at obtaining money, credit, or other value using someone else's information, and conduct that misuses someone else's information without any value ever changing hands, such as interfering with their employment or a contract. The two tracks carry different penalty structures, and North Dakota gives prosecutors 6 years from a victim's discovery of the offense to bring charges.

This article addresses North Dakota's identity theft statute and the North Dakota Attorney General's consumer resources, together with the federal layer of protections that applies nationwide. It does not cover every state's law; see the identity theft laws hub for other states.

North Dakota's Identity Theft Statute: N.D.C.C. § 12.1-23-11

North Dakota's identity theft law protects 19 categories of personal identifying information, including a person's name, address, phone number, driver's license number, Social Security number, employer ID, mother's maiden name, financial account numbers, birth, death, and marriage certificate information, health-insurance ID, photo ID card information, digital signature, photograph or image, email address, username and password, payment-card information, biometric data, and any other number, document, or piece of information usable to access financial records.

The statute then splits prohibited conduct into two paragraphs. The first covers obtaining, attempting to obtain, transferring, recording, or using someone else's personal identifying information, without their authorization or consent, to obtain credit, money, goods, services, or anything else of value. The second covers using or attempting to use that information, without authorization, to interfere with or initiate a contract or service for someone else, obtain or continue employment, gain access to another person's personal identifying information, or commit another offense under North Dakota law, and it applies regardless of whether the offense actually caused any economic loss.

Penalties

The two tracks carry different penalty structures. For the value-obtaining conduct, a violation is a Class B felony if the value obtained exceeds $1,000, and otherwise a Class C felony. A second or subsequent offense under this paragraph is a Class A felony, North Dakota's most serious felony class below murder-level offenses. For the non-value-based conduct, such as interfering with someone's employment or a contract using their stolen information, a first offense is a Class A misdemeanor, and a second or subsequent offense is a Class C felony.

North Dakota counts prior convictions broadly toward the second-or-subsequent-offense enhancement: a prior conviction under this same statute, an equivalent law of another state, or an equivalent federal law all count. Prosecution must begin within 6 years of the date the victim discovers the facts constituting the violation, a longer window than many crimes carry, reflecting how long identity theft can go undetected.

Notably, the full text of N.D.C.C. § 12.1-23-11, read directly from the state's official code, contains no restitution provision specific to identity theft. That is different from several neighboring states' identity theft statutes, which build restitution directly into the offense. North Dakota's general felony-sentencing framework may still authorize a court to order restitution as a matter of ordinary criminal procedure, but this article did not independently confirm that general provision's application to identity theft convictions specifically, so do not assume restitution is automatic without asking the prosecutor or a North Dakota attorney handling your case.

North Dakota Attorney General Resources

The North Dakota Attorney General's Consumer Protection division maintains a dedicated identity theft reporting resource, reachable at (701) 328-3404, or 1-800-472-2600 toll-free within the state. The office's guidance explains free 1-year fraud alerts, describes a credit freeze as blocking lenders and credit card companies from accessing your personal identifying and credit information so a thief cannot open new accounts, and points to free weekly credit reports from the three major bureaus. The office also links directly to IdentityTheft.gov for the federal reporting process.

This article could not independently confirm whether North Dakota has enacted its own state-specific minor or protected-consumer credit freeze statute. The Attorney General's consumer page describes fraud alerts and credit freezes only in general terms and does not reference a North Dakota-specific minor freeze law.

Federal Protections That Also Apply in North Dakota

Beyond what is confirmed at the state level, federal law adds protections that apply in every state, including North Dakota. Under 15 U.S.C. § 1681c-1, every consumer is entitled to a free security freeze and free fraud alerts from each of the three nationwide credit reporting agencies, a 1-year initial alert and, with a copy of an FTC Identity Theft Report, a 7-year extended alert requiring a potential creditor to actually contact you before extending credit, plus a federal Protected Consumer Freeze provision letting a parent, guardian, or person with valid power of attorney freeze a minor's credit file. Under 15 U.S.C. § 1681c-2, a victim with an FTC Identity Theft Report can get fraudulent information blocked from their credit report within 4 business days of the credit reporting agency receiving the required documentation.

What To Do If You're a Victim of Identity Theft in North Dakota

Start at IdentityTheft.gov to create an FTC Identity Theft Report and a personalized recovery plan. Contact the North Dakota Attorney General's Consumer Protection division at (701) 328-3404 or 1-800-472-2600 to report the incident and get state-level guidance. Place a free security freeze and, if needed, a fraud alert with each of the three credit bureaus under your federal rights, and file a report with your local police department, particularly if there is a specific suspect or a business requires a police report before it will investigate.

Information last verified on 2026-08-13, drawn from the official North Dakota Legislative Council's full statutory text of N.D.C.C. § 12.1-23-11, the North Dakota Attorney General's consumer identity theft resource, and federal law under 15 U.S.C. §§ 1681c-1 and 1681c-2. This article has not yet been reviewed by a licensed lawyer. Whether North Dakota's general felony-restitution statute applies to base identity theft convictions, and whether North Dakota has a minor-specific freeze statute, were not independently confirmed at publication.

Related Resources

• Identity Theft Laws: Federal Rules and State Penalties
• How to Report Identity Theft
• Credit Freeze vs. Fraud Alert
• Child Identity Theft
• Tax Identity Theft: When to File IRS Form 14039

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Last updated: 2026-08-13.