12.1-01-04. General definitions
As used in this title, unless a different meaning plainly is required:
1. "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.
2. "Act" or "action" means a bodily movement, whether voluntary or involuntary.
3. "Acted", "acts", and "actions" include, where relevant, "omitted to act" and "omissions
to act".
4. "Actor" includes, where relevant, a person guilty of an omission.
5. "Bodily injury" means any impairment of physical condition, including physical pain.
6. "Court" means any of the following courts: the supreme court, a district court, and
where relevant, a municipal court.
7. "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.
8. "Destructive device" means any explosive, incendiary or poison gas bomb, grenade,
mine, rocket, missile, or similar device.
9. "Explosive" means gunpowders, powders used for blasting, all forms of high
explosives, blasting materials, fuses (other than electric circuit breakers), detonators
and other detonating agents, smokeless powders, and any chemical compounds,
mechanical mixture, or other ingredients in such proportions, quantities, or packing
that ignition by fire, by friction, by concussion, by percussion, or by detonation of the
compound, or material, or any part thereof may cause an explosion.
10. "Firearm" means any weapon that will expel, or is readily capable of expelling, a
projectile by the action of an explosive and includes any such weapon, loaded or
unloaded, commonly referred to as a pistol, revolver, rifle, gun, machine gun, shotgun,
bazooka, or cannon.
11. "Force" means physical action.
12. "Government" means:
a. The government of this state or any political subdivision of this state;
b. Any agency, subdivision, or department of the state or any political subdivision of
the state, including the executive, legislative, and judicial branches;
c. Any corporation or other entity established by law to carry on any governmental
function; and
d. Any commission, corporation, or agency established by statute, compact, or
contract between or among governments for the execution of intergovernmental
programs.
13. "Governmental function" includes any activity that one or more public servants are
legally authorized to undertake on behalf of government.
14. "Harm" means loss, disadvantage, or injury to the person affected, and includes loss,
disadvantage, or injury to any other person in whose welfare the person affected is
interested.
15. "Included offense" means an offense:
a. That is established by proof of the same or less than all the facts required to
establish commission of the offense charged;
b. That consists of criminal facilitation of or an attempt or solicitation to commit the
offense charged; or
c. That differed from the offense charged only in that it constitutes a less serious
harm or risk of harm to the same person, property, or public interest, or because
a lesser degree of culpability suffices to establish its commission.
16. "Includes" should be read as if the phrase "but is not limited to" were also set forth.
17. "Law enforcement officer" or "peace officer" means a public servant authorized by law
or by a government agency or branch to enforce the law and to conduct or engage in
investigations or prosecutions for violations of law.
18. "Local" means of or pertaining to any political subdivision of the state.
19. "Manifest injustice" means a specific finding by the court that the imposition of
sentence is unreasonably harsh or shocking to the conscience of a reasonable
individual, with due consideration of the totality of circumstances.
20. "Offense" means conduct for which a term of imprisonment or a fine is authorized by
statute after conviction.
21. "Official action" includes a decision, opinion, recommendation, vote, or other exercise
of discretion by any government agency.
22. "Official proceeding" means a proceeding heard or which may be heard before any
government agency or branch or public servant authorized to take evidence under
oath, including any referee, hearing examiner, commissioner, notary, or other person
taking testimony or a deposition in connection with any such proceeding.
23. "Omission" means a failure to act.
24. As used in this title and in sections outside this title which define offenses, "person"
includes, where relevant, a corporation, limited liability company, partnership,
unincorporated association, or other legal entity. When used to designate a party
whose property may be the subject of action constituting an offense, the word "person"
includes a government that may lawfully own property in this state.
25. "Political subdivision" as used in this title and in any statute outside this title which
defines an offense means a county, city, school district, township, and any other local
governmental entity created by law.
26. "Possesses" means an individual has:
a. Direct physical control of something on or around the individual's person; or
b. The power and intention to exercise control over something accessible to but not
on or around the individual's person.
27. "Public servant" as used in this title and in any statute outside this title which defines
an offense means any officer or employee of government, including law enforcement
officers, whether elected or appointed, and any person participating in the
performance of a governmental function. The term does not include witnesses.
28. "Responsivity factors" means characteristics of an individual which affect the
individual's ability to respond favorably or unfavorably to a treatment goal.
29. "Risk assessment" means a validated, standardized actuarial tool used to identify
potential risk factors that increase the likelihood an individual will reoffend and
responsivity factors that, when addressed, reduce the likelihood an individual will
reoffend. The initial phase is an assessment tool that is administered by a trained
corrections professional. A predetermined score on the initial phase initiates the
secondary process, approved by the department of health and human services, that
may include a clinical interview, psychological testing, and verification through
collateral information or psychophysiological testing, or both. The department of health
and human services shall perform the secondary process of the risk assessment.
30. "Serious bodily injury" means 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.
31. "Signature" includes any name, mark, or sign written or affixed with intent to
authenticate any instrument or writing.
32. "Substantial bodily injury" means a substantial temporary disfigurement, loss, or
impairment of the function of any bodily member or organ.
33. "Thing of value" or "thing of pecuniary value" means a thing of value in the form of
money, tangible or intangible property, commercial interests, or anything else the
primary significance of which is economic gain to the recipient.
34. "Tier 1 mental health professional" has the same meaning as provided under section
25-01-01.
