WHAT EACH CHARGE CARRIES
43 charges people actually meet, each with the section it comes from, what it requires the state to show, and the most it can carry. North Dakota sorts an offense into an infraction, a class A or B misdemeanor, or a class AA, A, B or C felony, and the code fixes each class's longest term and largest fine, so each level here names its class and that range.
43 charges
Driving or in actual physical control while under the influence
B MISD to C FELONY · up to 5 years
Also searched as DUI, drunk driving, APC, actual physical control
Driving or being in actual physical control of a vehicle with an alcohol concentration of at least eight one-hundredths of one percent within two hours, under the influence of alcohol or a drug, or after refusing a required chemical test.
| Class | Up to | When |
|---|---|---|
| B MISDClass B misdemeanor | Up to 30 daysAt least $500 on a first, $1,500 on a second fine | WhenA first or second offense within seven years |
| A MISDClass A misdemeanor | Up to 360 daysAt least $2,000 fine | WhenA third offense within seven years, with at least 120 days |
| C FELONYClass C felony | Up to 5 yearsAt least $2,000 fine | WhenA fourth or later offense within fifteen years, with at least one year and one day |
A first offense at sixteen one-hundredths or more carries at least two days' imprisonment and a fine of at least $750.
Reckless driving
B MISD to A MISD · up to 360 days
Also searched as aggravated reckless driving
Driving recklessly in disregard of the rights or safety of others, or without due caution at a speed or in a manner that endangers or is likely to endanger a person or property.
| Class | Up to | When |
|---|---|---|
| B MISDClass B misdemeanor | Up to 30 days$1,500 fine | WhenReckless driving |
| A MISDClass A misdemeanor | Up to 360 days$3,000 fine | WhenAggravated reckless driving, causing injury to another |
Criminal vehicular homicide and injury
B FELONY to A FELONY · up to 20 years
Also searched as vehicular homicide, dui death, vehicular injury
Causing the death of, or substantial or serious bodily injury to, another person while driving under the influence of alcohol or drugs.
| Class | Up to | When |
|---|---|---|
| B FELONYClass B felony | Up to 10 years$20,000 fine | WhenCausing substantial or serious bodily injury, with at least one year and one day |
| A FELONYClass A felony | Up to 20 years$20,000 fine | WhenCausing a death, with at least three years, or ten after a prior impaired or reckless driving conviction |
Negligent homicide
C FELONY · up to 5 years
Also searched as vehicular manslaughter
Negligently causing the death of another human being, whether or not the driver was impaired.
| Class | Up to | When |
|---|---|---|
| C FELONYClass C felony | Up to 5 years$10,000 fine | WhenAny negligent homicide |
Failing to stop or give information after a crash
B MISD to B FELONY · up to 10 years
Also searched as hit and run, leaving the scene of an accident
A driver in a crash failing to stop at or near the scene, stay, give a name, address, insurance and registration, or give reasonable help to anyone injured.
| Class | Up to | When |
|---|---|---|
| B MISDClass B misdemeanor | Up to 30 days$1,500 fine | WhenA crash with only property damage |
| A MISDClass A misdemeanor | Up to 360 days$3,000 fine | WhenA crash involving personal injury |
| C FELONYClass C felony | Up to 5 years$10,000 fine | WhenNegligently failing to comply in a crash involving serious personal injury |
| B FELONYClass B felony | Up to 10 years$20,000 fine | WhenNegligently failing to comply in a crash involving death |
Driving while license suspended or revoked
B MISD to A MISD · up to 360 days
Also searched as DUS, driving on a suspended license, driving under revocation
Driving on a highway or public area while the license is suspended or revoked in any jurisdiction.
| Class | Up to | When |
|---|---|---|
| B MISDClass B misdemeanor | Up to 30 days$1,500 fine | WhenA first, second or third offense within five years |
| A MISDClass A misdemeanor | Up to 360 days$3,000 fine | WhenA later offense within five years |
If the suspension was for impaired driving or a test refusal, the sentence includes at least four consecutive days of imprisonment that cannot be suspended.
Not providing number plates to the court after an insurance violation
B MISD · up to 30 days
Also searched as driving without insurance, no insurance plates impounded
After a second violation for driving without liability insurance, failing to provide the vehicle's number plates to the court at the appropriate time.
| Class | Up to | When |
|---|---|---|
| B MISDClass B misdemeanor | Up to 30 days$1,500 fine | WhenNot providing the plates when due |
Fleeing or attempting to elude a peace officer
A MISD to C FELONY · up to 5 years
Also searched as fleeing police, eluding, failing to stop for police
A driver willfully failing to stop, or fleeing, after a visual or audible signal from a marked police vehicle or an officer in uniform or showing a badge.
| Class | Up to | When |
|---|---|---|
| A MISDClass A misdemeanor | Up to 360 days$3,000 fine | WhenA first offense |
| C FELONYClass C felony | Up to 5 years$10,000 fine | WhenA second within three years, fleeing during or after a felony, or driving with an inherent risk of death or serious injury |
Preventing arrest or discharge of other duties
A MISD to C FELONY · up to 5 years
Also searched as resisting arrest
Preventing a public servant from making an arrest by creating a substantial risk of bodily injury or using means that need substantial force to overcome.
| Class | Up to | When |
|---|---|---|
| A MISDClass A misdemeanor | Up to 360 days$3,000 fine | WhenAn arrest for a misdemeanor or infraction |
| C FELONYClass C felony | Up to 5 years$10,000 fine | WhenAn arrest for a felony |
Disorderly conduct
B MISD · up to 30 days
Also searched as disturbing the peace
Fighting, unreasonable noise, abusive language in public, obstructing traffic and the other listed acts, done with intent to harass, annoy or alarm, or in reckless disregard that someone is.
| Class | Up to | When |
|---|---|---|
| B MISDClass B misdemeanor | Up to 30 days$1,500 fine | WhenAny disorderly conduct |
Simple assault
B MISD to C FELONY · up to 5 years
Also searched as assault, assault on an officer
Willfully causing bodily injury to another, or negligently causing it with a firearm or other weapon likely to cause death or serious injury.
| Class | Up to | When |
|---|---|---|
| B MISDClass B misdemeanor | Up to 30 days$1,500 fine | WhenThe ordinary case |
| C FELONYClass C felony | Up to 5 years$10,000 fine | WhenAgainst a peace officer, firefighter, emergency medical worker or the other listed workers on duty |
Aggravated assault
C FELONY to B FELONY · up to 10 years
Also searched as assault with a deadly weapon, shooting at someone
Willfully causing serious bodily injury, causing bodily injury with a dangerous weapon, or firing a firearm at another person, among the acts the section lists.
| Class | Up to | When |
|---|---|---|
| C FELONYClass C felony | Up to 5 years$10,000 fine | WhenThe ordinary case |
| B FELONYClass B felony | Up to 10 years$20,000 fine | WhenWhen the victim is a child under twelve or an officer on duty, among the listed victims |
Simple assault, domestic violence
B MISD to B FELONY · up to 10 years
Also searched as domestic violence, domestic assault
Willfully causing bodily injury to a family or household member, or someone in a dating relationship or with a child in common.
| Class | Up to | When |
|---|---|---|
| B MISDClass B misdemeanor | Up to 30 days$1,500 fine | WhenBodily injury, a first offense |
| A MISDClass A misdemeanor | Up to 360 days$3,000 fine | WhenAfter a prior domestic violence assault, or substantial bodily injury |
| C FELONYClass C felony | Up to 5 years$10,000 fine | WhenSerious bodily injury |
| B FELONYClass B felony | Up to 10 years$20,000 fine | WhenSubstantial or serious injury to a victim under twelve |
Criminal trespass
B MISD to B FELONY · up to 10 years
Also searched as trespassing, squatting, posted land
Entering or remaining without license in a dwelling, a building, fenced land meant to keep intruders out, or a place where trespass was forbidden in person or by posted signs.
| Class | Up to | When |
|---|---|---|
| B MISDClass B misdemeanor | Up to 30 days$1,500 fine | WhenA place posted or where trespass was forbidden in person |
| A MISDClass A misdemeanor | Up to 360 days$3,000 fine | WhenA building, or fenced land; or a second posted trespass within two years |
| C FELONYClass C felony | Up to 5 years$10,000 fine | WhenA dwelling or highly secured premises, or unlawfully occupying a residential dwelling |
| B FELONYClass B felony | Up to 10 years$20,000 fine | WhenA second unlawful occupation of the same dwelling |
An officer may instead cite entry onto posted or fenced land as a noncriminal offense with a $250 fine.
Interception of wire or oral communications and eavesdropping
A MISD to C FELONY · up to 5 years
Also searched as wiretapping, recording a conversation, eavesdropping
Intentionally intercepting a wire or oral communication with a device, or disclosing or using it, when not a party and without a party's prior consent.
| Class | Up to | When |
|---|---|---|
| A MISDClass A misdemeanor | Up to 360 days$3,000 fine | WhenSecretly loitering about a building to overhear and repeat a conversation to vex, annoy or injure |
| C FELONYClass C felony | Up to 5 years$10,000 fine | WhenIntercepting, disclosing or using a communication |
Stalking
A MISD to C FELONY · up to 5 years
Also searched as gps tracking someone, following someone
An intentional course of conduct, two or more acts, aimed at a person or their family, that would frighten, intimidate or harass a reasonable person and serves no legitimate purpose, including electronic tracking.
| Class | Up to | When |
|---|---|---|
| A MISDClass A misdemeanor | Up to 360 days$3,000 fine | WhenThe ordinary case |
| C FELONYClass C felony | Up to 5 years$10,000 fine | WhenWith the prior convictions the section lists |
Harassment
B MISD to A MISD · up to 360 days
Also searched as threatening texts, harassing calls, doxxing
With intent to frighten or harass, repeated calls or messages with no legitimate purpose, anonymous or coarse calls, posting personal identifying information, or a written or electronic threat.
| Class | Up to | When |
|---|---|---|
| B MISDClass B misdemeanor | Up to 30 days$1,500 fine | WhenThe other kinds of harassment |
| A MISDClass A misdemeanor | Up to 360 days$3,000 fine | WhenA written or electronic threat to injure a person, a reputation or property |
Distribution of intimate images without consent
A MISD · up to 360 days
Also searched as revenge porn, sharing nudes
Knowingly distributing an intimate image of someone, known not to consent, made with an expectation of privacy, causing actual emotional distress or harm.
| Class | Up to | When |
|---|---|---|
| A MISDClass A misdemeanor | Up to 360 days$3,000 fine | WhenAny such distribution |
Violation of a protection order
A MISD to C FELONY · up to 5 years
Also searched as violating a restraining order, contact after an order
Violating a civil protection order after being served with it, which is also contempt of court.
| Class | Up to | When |
|---|---|---|
| A MISDClass A misdemeanor | Up to 360 days$3,000 fine | WhenA first violation |
| C FELONYClass C felony | Up to 5 years$10,000 fine | WhenA second violation after a conviction |
Possession of a firearm by a prohibited person
A MISD to C FELONY · up to 5 years
Also searched as felon in possession, felon with a gun
Possessing a firearm during the period the section bars after a felony, a violent class A misdemeanor with a weapon, a commitment, or under 18 with a handgun.
| Class | Up to | When |
|---|---|---|
| A MISDClass A misdemeanor | Up to 360 days$3,000 fine | WhenBreaking the commitment or handgun age bars |
| C FELONYClass C felony | Up to 5 years$10,000 fine | WhenBreaking the felony bars |
Selling, lending or giving a handgun to a minor
A MISD · up to 360 days
Also searched as giving a gun to a kid
Selling, lending or giving a handgun to a minor, other than lending one for supervised safety training, target shooting or hunting.
| Class | Up to | When |
|---|---|---|
| A MISDClass A misdemeanor | Up to 360 days$3,000 fine | WhenAny such transfer |
Allowing a child to carry a loaded firearm
B MISD · up to 30 days
Also searched as parent liable child gun
A parent or guardian letting a child under fifteen carry or use a loaded firearm in public without direct supervision.
| Class | Up to | When |
|---|---|---|
| B MISDClass B misdemeanor | Up to 30 days$1,500 fine | WhenAny such allowance |
Loaded firearm in a motor vehicle
INFRACTION · no jail
Also searched as loaded gun in car
Keeping a loaded firearm in a motor vehicle, outside the exceptions for a license holder and someone not barred from a class 2 license with a valid driver's license or ID.
| Class | Up to | When |
|---|---|---|
| INFRACTIONInfraction | No jail$1,000 fine | WhenAny violation |
Possessing a firearm in a liquor establishment
INFRACTION · no jail
Also searched as gun in a bar
Entering or remaining in the part of an establishment set aside for buying and drinking alcohol while knowingly possessing a firearm or dangerous weapon.
| Class | Up to | When |
|---|---|---|
| INFRACTIONInfraction | No jail$1,000 fine | WhenAny violation |
Possession of marijuana
INFRACTION to A MISD · up to 360 days
Also searched as weed, pot possession
Possessing marijuana without authorization, graded by the amount.
| Class | Up to | When |
|---|---|---|
| INFRACTIONInfraction | No jail$1,000 fine | WhenLess than one-half ounce |
| B MISDClass B misdemeanor | Up to 30 days$1,500 fine | WhenOne-half ounce to 500 grams |
| A MISDClass A misdemeanor | Up to 360 days$3,000 fine | WhenMore than 500 grams |
Possession of a controlled substance
A MISD to B FELONY · up to 10 years
Also searched as drug possession, possession of meth, possession of pills
Possessing a controlled substance other than marijuana without a valid prescription.
| Class | Up to | When |
|---|---|---|
| A MISDClass A misdemeanor | Up to 360 days$3,000 fine | WhenA first offense |
| C FELONYClass C felony | Up to 5 years$10,000 fine | WhenA second offense not involving marijuana |
| B FELONYClass B felony | Up to 10 years$20,000 fine | WhenOn the grounds of an elementary or secondary school, unless the drug is marijuana |
Under twenty-one using or possessing alcohol
INFRACTION · no jail
Also searched as MIP, underage drinking, minor consuming
Someone under twenty-one buying, drinking, possessing or being under the influence of an alcoholic beverage, or entering licensed premises outside the exceptions.
| Class | Up to | When |
|---|---|---|
| INFRACTIONInfraction | No jail$1,000 fine | WhenAny violation |
Delivering alcohol to someone under twenty-one or obviously intoxicated
A MISD · up to 360 days
Also searched as buying for minors, furnishing alcohol
Knowingly delivering alcoholic beverages to someone under twenty-one, outside the exceptions, or to an incompetent or obviously intoxicated person.
| Class | Up to | When |
|---|---|---|
| A MISDClass A misdemeanor | Up to 360 days$3,000 fine | WhenAny such delivery |
Misrepresentation of age to buy alcohol
B MISD · up to 30 days
Also searched as fake ID, using someone else's ID
Misstating one's own age or another's, or presenting a document claiming legal age, to buy alcoholic beverages.
| Class | Up to | When |
|---|---|---|
| B MISDClass B misdemeanor | Up to 30 days$1,500 fine | WhenAny misrepresentation |
Selling or furnishing tobacco, vapes or kratom to someone under twenty-one
INFRACTION · no jail
Also searched as selling vapes to minors, tobacco under 21
Selling, furnishing or procuring tobacco, electronic smoking devices, alternative nicotine products or kratom for someone under twenty-one.
| Class | Up to | When |
|---|---|---|
| INFRACTIONInfraction | No jail$1,000 fine | WhenAny such sale or furnishing |
Theft of property
A MISD to A FELONY · up to 20 years
Also searched as stealing, receiving stolen property, keeping lost property
Knowingly taking or controlling another's property, getting it by deception or threat, or receiving stolen property, with intent to deprive the owner.
| Class | Up to | When |
|---|---|---|
| A MISDClass A misdemeanor | Up to 360 days$3,000 fine | WhenProperty worth $1,000 or less, outside the other grades |
| C FELONYClass C felony | Up to 5 years$10,000 fine | WhenOver $1,000, or a firearm |
| B FELONYClass B felony | Up to 10 years$20,000 fine | WhenOver $10,000 to $50,000, or by a threat to commit a felony |
| A FELONYClass A felony | Up to 20 years$20,000 fine | WhenOver $50,000 |
Theft by shoplifting
B MISD to C FELONY · up to 5 years
Also searched as retail theft, shoplifting
Theft committed by shoplifting property or services worth $500 or less.
| Class | Up to | When |
|---|---|---|
| B MISDClass B misdemeanor | Up to 30 days$1,500 fine | WhenA first offense |
| A MISDClass A misdemeanor | Up to 360 days$3,000 fine | WhenA second or third offense within three years |
| C FELONYClass C felony | Up to 5 years$10,000 fine | WhenA fourth or later offense within four years |
Unauthorized use of personal identifying information
A MISD to A FELONY · up to 20 years
Also searched as identity theft, using someone's social security number
Using another's personal identifying information, living or dead, without consent, to get credit, money, goods, services or anything of value.
| Class | Up to | When |
|---|---|---|
| A MISDClass A misdemeanor | Up to 360 days$3,000 fine | WhenUsing it to open a service, get a job or commit another offense, a first time |
| C FELONYClass C felony | Up to 5 years$10,000 fine | WhenObtaining value of $1,000 or less |
| B FELONYClass B felony | Up to 10 years$20,000 fine | WhenObtaining value over $1,000 |
| A FELONYClass A felony | Up to 20 years$20,000 fine | WhenA second or later offense obtaining value |
Issuing a check without sufficient funds
INFRACTION to C FELONY · up to 5 years
Also searched as bad check, bounced check, NSF check
Writing or delivering a check, draft or order, or authorizing a transfer, without sufficient funds or credit to cover it when presented within fourteen days.
| Class | Up to | When |
|---|---|---|
| INFRACTIONInfraction | No jail$1,000 fine | When$100 or less |
| B MISDClass B misdemeanor | Up to 30 days$1,500 fine | WhenOver $100 to $500, or a prior within three years |
| A MISDClass A misdemeanor | Up to 360 days$3,000 fine | WhenOver $500 to $1,000, or two priors within three years |
| C FELONYClass C felony | Up to 5 years$10,000 fine | WhenOver $1,000, or three or more priors within five years |
The writer also owes collection costs of no more than forty dollars, and after ten days from a notice of dishonor, a civil penalty of the lesser of two hundred dollars or three times the check.
Procuring a search warrant without probable cause
A MISD · up to 360 days
Also searched as false warrant
Recklessly and without probable cause causing a search warrant to be issued and executed.
| Class | Up to | When |
|---|---|---|
| A MISDClass A misdemeanor | Up to 360 days$3,000 fine | WhenAny such warrant |
Animal neglect, abuse and cruelty
A MISD to C FELONY · up to 5 years
Also searched as animal cruelty, neglecting a dog
Willfully failing to give an animal food, water, shelter or care, willfully injuring or killing one, or intentionally breaking its bones, mutilating, torturing or causing prolonged impairment.
| Class | Up to | When |
|---|---|---|
| A MISDClass A misdemeanor | Up to 360 days$3,000 fine | WhenNeglect, or a first or second abuse |
| C FELONYClass C felony | Up to 5 years$10,000 fine | WhenCruelty, or a third abuse within ten years |
Unattended animal in a motor vehicle
INFRACTION · no jail
Also searched as dog in hot car
Leaving an animal unattended in a motor vehicle without making sure its health and safety are not endangered.
| Class | Up to | When |
|---|---|---|
| INFRACTIONInfraction | No jail$1,000 fine | WhenAny violation |
Failing to ensure a child attends school
INFRACTION to B MISD · up to 30 days
Also searched as truancy, parent truancy charge
A person responsible for a student failing to ensure the student attends school as the chapter requires.
| Class | Up to | When |
|---|---|---|
| INFRACTIONInfraction | No jail$1,000 fine | WhenA first offense |
| B MISDClass B misdemeanor | Up to 30 days$1,500 fine | WhenA second or later offense |
Failing to report child abuse, or a false report
B MISD to A MISD · up to 360 days
Also searched as mandated reporter failure, false abuse report
A required reporter willfully failing to report known or suspected child abuse or neglect, or anyone willfully making a false report.
| Class | Up to | When |
|---|---|---|
| B MISDClass B misdemeanor | Up to 30 days$1,500 fine | WhenFailing to report, or a false report |
| A MISDClass A misdemeanor | Up to 360 days$3,000 fine | WhenA false report made to law enforcement |
Willful refusal to pay wages
INFRACTION · no jail
Also searched as employer not paying wages
An employer willfully refusing to pay wages due on demand, or falsely denying the amount to get a discount or to harass or delay; or an employee falsifying the amount owed.
| Class | Up to | When |
|---|---|---|
| INFRACTIONInfraction | No jail$1,000 fine | WhenAny violation |
Requiring seven consecutive days of retail work
B MISD · up to 30 days
Also searched as no day off retail
A retail employer requiring an employee to work seven consecutive days, or denying twenty-four consecutive hours off in a seven-day period.
| Class | Up to | When |
|---|---|---|
| B MISDClass B misdemeanor | Up to 30 days$1,500 fine | WhenAny violation |
Penalizing an employee for jury or witness service
B MISD · up to 30 days
Also searched as fired for jury duty
An employer depriving an employee of work, laying off, penalizing or threatening an employee for a summons, a subpoena, or service as a juror or witness.
| Class | Up to | When |
|---|---|---|
| B MISDClass B misdemeanor | Up to 30 days$1,500 fine | WhenAny violation |
Retaliation for seeking workers' compensation
A MISD · up to 360 days
Also searched as fired for workers comp
An employer willfully discharging or threatening to discharge an employee for seeking, or saying they intend to seek, workforce safety and insurance benefits.
| Class | Up to | When |
|---|---|---|
| A MISDClass A misdemeanor | Up to 360 days$3,000 fine | WhenA willful violation |
Every class on this page, for reference
Each term and fine comes from the code's section on classes. A statute can add a minimum, as the impaired driving section does, and the card says so where it does.
- INFRACTIONInfractionNo jail$1,000
- B MISDClass B misdemeanorUp to 30 days$1,500
- A MISDClass A misdemeanorUp to 360 days$3,000
- C FELONYClass C felonyUp to 5 years$10,000
- B FELONYClass B felonyUp to 10 years$20,000
- A FELONYClass A felonyUp to 20 years$20,000
Words on a charging document
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- Class A felonyA felony carrying up to 20 years and a $20,000 fine.
- Class A misdemeanorThe higher misdemeanor class, carrying up to 360 days and a $3,000 fine.
- Class B misdemeanorThe lower misdemeanor class, carrying up to 30 days and a $1,500 fine.
- Class C felonyThe lowest felony class, carrying up to 5 years and a $10,000 fine.
- Fleeing an officerA driver willfully failing to stop, or fleeing, after a visual or audible signal from a marked police vehicle or a uniformed officer.
- Forfeitable propertyContraband, property used to commit or hide an offense, proceeds of crime, and the other listed property.
- InfractionAn offense carrying no jail and a fine of up to $1,000.
- Sealing a recordClosing a criminal record by court order, available three years after a misdemeanor and five after a felony with no new conviction.
About this guide — maximums, not predictions. What a specific case carries turns on priors, the facts, and the court, and only a licensed North Dakota attorney can tell you what yours is. Current as of October 2026.