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Breaking and Entering Law North Dakota

North Dakota has framed strict rules against Theft and Robbery. These include breaking and entering premises laws. Below are the details.

North Dakota Breaking and Entering Law

According to the law of North Dakota, a person is guilty of the crime of theft, if while performing this activity he makes an attempt to impose bodily injury on another person or threatens to cause injury to the person.

Robbery crime is considered a class A felony crime if the person fires a weapon or blow up or launches a dangerous device or forces one dangerous weapon upon the other.

Robbery is considered a class B felony crime if the thief owns or pretends to own a firearm, a dangerous device or causes a serious bodily injury or tries to injure another person or is helped by an assistant present on the location.

If the robbery is another robbery apart from the above two, then it is a Class C felony crime.

In this particular section, the act is considered theft if while committing the theft, it happens in an attempt to commit a crime, whether the theft crime is completed successfully or not.

According to North Dakota breaking and entering laws, a dangerous weapon means a weapon as defined in subsection 6 of section 121-01-04 or a weapon, when possessed under circumstances indicates that the criminal had the objective to cause harm to the person’s body.

The Law in Detail

12.1-22-02. Burglary A person is guilty of the crime of stealing if he purposely enters a building or an owned structure, or in a portion of a structure, when the structure is not open for the general public, and he was not invited into the structure.

A criminal who violates subdivision is found guilty of a Class A misdemeanor crime for the succeeding crime within a period of two years.

A peace officer can invoke a fine of USD 250 for each violation upon the criminal who violates the crime.

The peace officer can note down the identification of the criminal.

Inform the individual for the right to request a hearing for the posting by mail.

The officer will give the criminal an envelope to mail the bond. The peace officer will not take the criminal in prison or not take the criminal to any other location according to the law of North Dakota.

The criminal has to appear in front of the designated officer and pay the required fine for violating before the scheduled time.

If the criminal has posted the bond, he may give up the bond by not appearing in the case during the exact assigned crime.

If the criminal posts the bond by mail, it has to be submitted within a period of 14 days of the citation date. The criminal will indicate on the envelope or citation, whether the hearing is required or not. If the criminal does not request for the hearing within 14 days of citation date, then the bond is considered forfeited. The criminal is considered to have violated and waived the right to hear the commission issue of the violation.

If the criminal requests the hearing, the county court will issue a summons to the criminal requesting the hearing. This includes the hearing date details before the designated officer.

The peace officer may not get the required bond or fine.

The criminal is guilty of Class B misdemeanor crime if he refuses to leave the property even though he is requested to leave so. If the criminal violates the Class B misdemeanor subsection, he is guilty of Class A misdemeanor for the succeeding offense within a two year period.

The rules of this section do not apply to a peace officer while he is performing his duties as a peace officer.

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