12.1-22-03. Criminal trespass - Noncriminal offense on posted property
1. An individual is guilty of a class C felony if, knowing the individual is not licensed or
privileged to do so, the individual enters or remains in a dwelling or in highly secured
premises.
2. An individual who unlawfully detains, occupies, or trespasses upon a residential
dwelling is guilty of a class C felony for the first offense and a class B felony for a
second or subsequent offense if the second or subsequent offense occurred at the
same residential dwelling as the first offense.
3. An individual is guilty of a class A misdemeanor if, knowing the individual is not
licensed or privileged to do so, the individual:
a. Enters or remains in or on any building, occupied structure, or storage structure,
or separately secured or occupied portion thereof; or
b. Enters or remains in any place enclosed by a fence or otherwise enclosed as
manifestly to exclude intruders, unless the individual is a licensed hunter or
angler who is lawfully hunting or fishing. For purposes of this subdivision, "fence"
means a permanent structure on nonurban, private property which is maintained
and capable of containing livestock.
4. a. An individual is guilty of a class B misdemeanor if, knowing the individual is not
licensed or privileged to do so, the individual enters or remains in any place as to
which notice against trespass is given by actual communication to the actor by
the owner or an individual authorized by the owner or by posting in a manner
reasonably likely to come to the attention of intruders. The name of the person
posting the premises must appear on each sign in legible characters.
b. Even if the conduct of the owner or individual authorized by the owner varies from
the provisions of subdivision a, an individual may be found guilty of violating
subdivision a if the owner or individual authorized by the owner substantially
complied with subdivision a and notice against trespass is clear from the
circumstances.
c. An individual who violates subdivision a is guilty of a class A misdemeanor for the
second or subsequent offense within a two-year period.
5. a. A peace officer may cite an individual who, knowing the individual is not licensed
or privileged to do so, entered or remained in a place as to which notice against
trespass is given by posting in a manner reasonably likely to come to the
attention of intruders or a place enclosed by a fence as defined in subsection 2,
with a noncriminal offense. An individual cited under this subsection may not be
prosecuted under subsection 2 or 3 for the same offense.
b. The fine for a citation under subdivision a is two hundred fifty dollars for each
violation.
c. The peace officer citing the individual shall:
(1) Take the name and address of the individual; and
(2) Notify the individual of the right to request a hearing if posting bond by mail.
d. The peace officer may not take the individual into custody or require the individual
to proceed with the peace officer to any other location for the purpose of posting
bond. The officer shall provide the individual with an envelope for use in mailing
the bond.
e. An individual cited may appear before the designated official and pay the
statutory fine for the violation at or before the time scheduled for hearing.
f. If the individual has posted bond, the individual may forfeit bond by not appearing
at the designated time.
g. If the individual posts bond by mail, the bond must be submitted within fourteen
days of the date of the citation and the individual cited shall indicate on the
envelope or citation whether a hearing is requested. If the individual does not
request a hearing within fourteen days of the date of the citation, the bond is
deemed forfeited and the individual is deemed to have admitted to the violation
and to have waived the right to a hearing on the issue of commission of the
violation. If the individual requests a hearing, the court for the county in which the
citation is issued shall issue a summons to the individual requesting the hearing
notifying the individual of the date of the hearing before the designated official.
h. Upon appearing at the hearing scheduled in the citation or otherwise scheduled
at the individual's request, the individual may make a statement in explanation of
the individual's action. The official may at that time waive or suspend the statutory
fine or bond.
i. A citing peace officer may not receive the statutory fine or bond.
j. The bond required to secure appearance before the judge must be identical to
the statutory fine established in subdivision b.
6. An individual is guilty of a class B misdemeanor if that individual remains upon the
property of another after being requested to leave the property by a duly authorized
individual. An individual who violates this subsection is guilty of a class A misdemeanor
for the second or subsequent offense within a two-year period.
7. This section does not apply to a peace officer in the course of discharging the peace
officer's official duties.
