12.1-13-02. Speculating or wagering on official action or information
1. An individual is guilty of a class A misdemeanor if during employment as a public
servant, or within one year thereafter, in contemplation of official action by the
individual as a public servant or by a government agency with which the individual is or
has been associated as a public servant, or in reliance on information to which the
individual has or had access only in the individual's capacity as a public servant, the
individual:
a. Acquires a pecuniary interest in any property, transaction, or enterprise which
may be affected by the information or official action;
b. Speculates or wagers on the basis of the information or official action; or
c. Aids another individual to do any of the foregoing.
2. An individual is guilty of a class A misdemeanor if as a public servant the individual
takes official action which is likely to benefit the individual as a result of an acquisition
of a pecuniary interest in any property, transaction, or enterprise, or of a speculation or
wager, which the individual made, or caused or aided another to make, in
contemplation of the official action.
3. An individual is immune from prosecution under this section if:
a. The individual was a member of the legislative assembly at the time the official
action was taken;
b. The official action was a vote on a measure in the senate or house of
representatives or a legislative committee; and
c. The individual adhered to legislative conflict of interest rules requiring an
individual to disclose a personal or private interest to the member's respective
chamber of the legislative assembly, a legislative committee, the president of the
senate, or the speaker of the house.
