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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 and maximums for Driving or in actual physical control while under the influence
ClassUp toWhen
B MISDClass B misdemeanorUp to 30 daysAt least $500 on a first, $1,500 on a second fineWhenA first or second offense within seven years
A MISDClass A misdemeanorUp to 360 daysAt least $2,000 fineWhenA third offense within seven years, with at least 120 days
C FELONYClass C felonyUp to 5 yearsAt least $2,000 fineWhenA 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.

  • N.D.C.C. § 39-08-01
  • N.D.C.C. § 12.1-32-01
Read the section →

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 and maximums for Reckless driving
ClassUp toWhen
B MISDClass B misdemeanorUp to 30 days$1,500 fineWhenReckless driving
A MISDClass A misdemeanorUp to 360 days$3,000 fineWhenAggravated reckless driving, causing injury to another
Read the section →

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 and maximums for Criminal vehicular homicide and injury
ClassUp toWhen
B FELONYClass B felonyUp to 10 years$20,000 fineWhenCausing substantial or serious bodily injury, with at least one year and one day
A FELONYClass A felonyUp to 20 years$20,000 fineWhenCausing a death, with at least three years, or ten after a prior impaired or reckless driving conviction
  • N.D.C.C. § 39-08-01.2
  • N.D.C.C. § 12.1-32-01
Read the section →

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 and maximums for Negligent homicide
ClassUp toWhen
C FELONYClass C felonyUp to 5 years$10,000 fineWhenAny negligent homicide
Read the section →

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 and maximums for Failing to stop or give information after a crash
ClassUp toWhen
B MISDClass B misdemeanorUp to 30 days$1,500 fineWhenA crash with only property damage
A MISDClass A misdemeanorUp to 360 days$3,000 fineWhenA crash involving personal injury
C FELONYClass C felonyUp to 5 years$10,000 fineWhenNegligently failing to comply in a crash involving serious personal injury
B FELONYClass B felonyUp to 10 years$20,000 fineWhenNegligently failing to comply in a crash involving death
Read the section →

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 and maximums for Driving while license suspended or revoked
ClassUp toWhen
B MISDClass B misdemeanorUp to 30 days$1,500 fineWhenA first, second or third offense within five years
A MISDClass A misdemeanorUp to 360 days$3,000 fineWhenA 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.

  • N.D.C.C. § 39-06-42
  • N.D.C.C. § 12.1-32-01
Read the section →

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 and maximums for Not providing number plates to the court after an insurance violation
ClassUp toWhen
B MISDClass B misdemeanorUp to 30 days$1,500 fineWhenNot providing the plates when due
Read the section →

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 and maximums for Fleeing or attempting to elude a peace officer
ClassUp toWhen
A MISDClass A misdemeanorUp to 360 days$3,000 fineWhenA first offense
C FELONYClass C felonyUp to 5 years$10,000 fineWhenA second within three years, fleeing during or after a felony, or driving with an inherent risk of death or serious injury
Read the section →

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 and maximums for Preventing arrest or discharge of other duties
ClassUp toWhen
A MISDClass A misdemeanorUp to 360 days$3,000 fineWhenAn arrest for a misdemeanor or infraction
C FELONYClass C felonyUp to 5 years$10,000 fineWhenAn arrest for a felony
Read the section →

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 and maximums for Disorderly conduct
ClassUp toWhen
B MISDClass B misdemeanorUp to 30 days$1,500 fineWhenAny disorderly conduct
Read the section →

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 and maximums for Simple assault
ClassUp toWhen
B MISDClass B misdemeanorUp to 30 days$1,500 fineWhenThe ordinary case
C FELONYClass C felonyUp to 5 years$10,000 fineWhenAgainst a peace officer, firefighter, emergency medical worker or the other listed workers on duty
Read the section →

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 and maximums for Aggravated assault
ClassUp toWhen
C FELONYClass C felonyUp to 5 years$10,000 fineWhenThe ordinary case
B FELONYClass B felonyUp to 10 years$20,000 fineWhenWhen the victim is a child under twelve or an officer on duty, among the listed victims
Read the section →

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 and maximums for Simple assault, domestic violence
ClassUp toWhen
B MISDClass B misdemeanorUp to 30 days$1,500 fineWhenBodily injury, a first offense
A MISDClass A misdemeanorUp to 360 days$3,000 fineWhenAfter a prior domestic violence assault, or substantial bodily injury
C FELONYClass C felonyUp to 5 years$10,000 fineWhenSerious bodily injury
B FELONYClass B felonyUp to 10 years$20,000 fineWhenSubstantial or serious injury to a victim under twelve
Read the section →

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 and maximums for Criminal trespass
ClassUp toWhen
B MISDClass B misdemeanorUp to 30 days$1,500 fineWhenA place posted or where trespass was forbidden in person
A MISDClass A misdemeanorUp to 360 days$3,000 fineWhenA building, or fenced land; or a second posted trespass within two years
C FELONYClass C felonyUp to 5 years$10,000 fineWhenA dwelling or highly secured premises, or unlawfully occupying a residential dwelling
B FELONYClass B felonyUp to 10 years$20,000 fineWhenA 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.

Read the section →

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 and maximums for Interception of wire or oral communications and eavesdropping
ClassUp toWhen
A MISDClass A misdemeanorUp to 360 days$3,000 fineWhenSecretly loitering about a building to overhear and repeat a conversation to vex, annoy or injure
C FELONYClass C felonyUp to 5 years$10,000 fineWhenIntercepting, disclosing or using a communication
Read the section →

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 and maximums for Stalking
ClassUp toWhen
A MISDClass A misdemeanorUp to 360 days$3,000 fineWhenThe ordinary case
C FELONYClass C felonyUp to 5 years$10,000 fineWhenWith the prior convictions the section lists
Read the section →

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 and maximums for Harassment
ClassUp toWhen
B MISDClass B misdemeanorUp to 30 days$1,500 fineWhenThe other kinds of harassment
A MISDClass A misdemeanorUp to 360 days$3,000 fineWhenA written or electronic threat to injure a person, a reputation or property
Read the section →

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 and maximums for Distribution of intimate images without consent
ClassUp toWhen
A MISDClass A misdemeanorUp to 360 days$3,000 fineWhenAny such distribution
Read the section →

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 and maximums for Violation of a protection order
ClassUp toWhen
A MISDClass A misdemeanorUp to 360 days$3,000 fineWhenA first violation
C FELONYClass C felonyUp to 5 years$10,000 fineWhenA second violation after a conviction
Read the section →

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 and maximums for Possession of a firearm by a prohibited person
ClassUp toWhen
A MISDClass A misdemeanorUp to 360 days$3,000 fineWhenBreaking the commitment or handgun age bars
C FELONYClass C felonyUp to 5 years$10,000 fineWhenBreaking the felony bars
Read the section →

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 and maximums for Selling, lending or giving a handgun to a minor
ClassUp toWhen
A MISDClass A misdemeanorUp to 360 days$3,000 fineWhenAny such transfer
Read the section →

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 and maximums for Allowing a child to carry a loaded firearm
ClassUp toWhen
B MISDClass B misdemeanorUp to 30 days$1,500 fineWhenAny such allowance
Read the section →

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 and maximums for Loaded firearm in a motor vehicle
ClassUp toWhen
INFRACTIONInfractionNo jail$1,000 fineWhenAny violation
Read the section →

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 and maximums for Possessing a firearm in a liquor establishment
ClassUp toWhen
INFRACTIONInfractionNo jail$1,000 fineWhenAny violation
  • N.D.C.C. § 62.1-02-04
  • N.D.C.C. § 12.1-32-01
Read the section →

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 and maximums for Possession of marijuana
ClassUp toWhen
INFRACTIONInfractionNo jail$1,000 fineWhenLess than one-half ounce
B MISDClass B misdemeanorUp to 30 days$1,500 fineWhenOne-half ounce to 500 grams
A MISDClass A misdemeanorUp to 360 days$3,000 fineWhenMore than 500 grams
Read the section →

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 and maximums for Possession of a controlled substance
ClassUp toWhen
A MISDClass A misdemeanorUp to 360 days$3,000 fineWhenA first offense
C FELONYClass C felonyUp to 5 years$10,000 fineWhenA second offense not involving marijuana
B FELONYClass B felonyUp to 10 years$20,000 fineWhenOn the grounds of an elementary or secondary school, unless the drug is marijuana
Read the section →

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 and maximums for Under twenty-one using or possessing alcohol
ClassUp toWhen
INFRACTIONInfractionNo jail$1,000 fineWhenAny violation
  • N.D.C.C. § 5-01-08
  • N.D.C.C. § 12.1-32-01
Read the section →

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 and maximums for Delivering alcohol to someone under twenty-one or obviously intoxicated
ClassUp toWhen
A MISDClass A misdemeanorUp to 360 days$3,000 fineWhenAny such delivery
Read the section →

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 and maximums for Misrepresentation of age to buy alcohol
ClassUp toWhen
B MISDClass B misdemeanorUp to 30 days$1,500 fineWhenAny misrepresentation
Read the section →

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 and maximums for Selling or furnishing tobacco, vapes or kratom to someone under twenty-one
ClassUp toWhen
INFRACTIONInfractionNo jail$1,000 fineWhenAny such sale or furnishing
  • N.D.C.C. § 12.1-31-03
  • N.D.C.C. § 12.1-32-01
Read the section →

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 and maximums for Theft of property
ClassUp toWhen
A MISDClass A misdemeanorUp to 360 days$3,000 fineWhenProperty worth $1,000 or less, outside the other grades
C FELONYClass C felonyUp to 5 years$10,000 fineWhenOver $1,000, or a firearm
B FELONYClass B felonyUp to 10 years$20,000 fineWhenOver $10,000 to $50,000, or by a threat to commit a felony
A FELONYClass A felonyUp to 20 years$20,000 fineWhenOver $50,000
Read the section →

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 and maximums for Theft by shoplifting
ClassUp toWhen
B MISDClass B misdemeanorUp to 30 days$1,500 fineWhenA first offense
A MISDClass A misdemeanorUp to 360 days$3,000 fineWhenA second or third offense within three years
C FELONYClass C felonyUp to 5 years$10,000 fineWhenA fourth or later offense within four years
Read the section →

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 and maximums for Unauthorized use of personal identifying information
ClassUp toWhen
A MISDClass A misdemeanorUp to 360 days$3,000 fineWhenUsing it to open a service, get a job or commit another offense, a first time
C FELONYClass C felonyUp to 5 years$10,000 fineWhenObtaining value of $1,000 or less
B FELONYClass B felonyUp to 10 years$20,000 fineWhenObtaining value over $1,000
A FELONYClass A felonyUp to 20 years$20,000 fineWhenA second or later offense obtaining value
Read the section →

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 and maximums for Issuing a check without sufficient funds
ClassUp toWhen
INFRACTIONInfractionNo jail$1,000 fineWhen$100 or less
B MISDClass B misdemeanorUp to 30 days$1,500 fineWhenOver $100 to $500, or a prior within three years
A MISDClass A misdemeanorUp to 360 days$3,000 fineWhenOver $500 to $1,000, or two priors within three years
C FELONYClass C felonyUp to 5 years$10,000 fineWhenOver $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.

  • N.D.C.C. § 6-08-16
  • N.D.C.C. § 12.1-32-01
Read the section →

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 and maximums for Procuring a search warrant without probable cause
ClassUp toWhen
A MISDClass A misdemeanorUp to 360 days$3,000 fineWhenAny such warrant
Read the section →

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 and maximums for Animal neglect, abuse and cruelty
ClassUp toWhen
A MISDClass A misdemeanorUp to 360 days$3,000 fineWhenNeglect, or a first or second abuse
C FELONYClass C felonyUp to 5 years$10,000 fineWhenCruelty, or a third abuse within ten years
Read the section →

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 and maximums for Unattended animal in a motor vehicle
ClassUp toWhen
INFRACTIONInfractionNo jail$1,000 fineWhenAny violation
Read the section →

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 and maximums for Failing to ensure a child attends school
ClassUp toWhen
INFRACTIONInfractionNo jail$1,000 fineWhenA first offense
B MISDClass B misdemeanorUp to 30 days$1,500 fineWhenA second or later offense
Read the section →

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 and maximums for Failing to report child abuse, or a false report
ClassUp toWhen
B MISDClass B misdemeanorUp to 30 days$1,500 fineWhenFailing to report, or a false report
A MISDClass A misdemeanorUp to 360 days$3,000 fineWhenA false report made to law enforcement
Read the section →

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 and maximums for Willful refusal to pay wages
ClassUp toWhen
INFRACTIONInfractionNo jail$1,000 fineWhenAny violation
Read the section →

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 and maximums for Requiring seven consecutive days of retail work
ClassUp toWhen
B MISDClass B misdemeanorUp to 30 days$1,500 fineWhenAny violation
Read the section →

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 and maximums for Penalizing an employee for jury or witness service
ClassUp toWhen
B MISDClass B misdemeanorUp to 30 days$1,500 fineWhenAny violation
Read the section →

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 and maximums for Retaliation for seeking workers' compensation
ClassUp toWhen
A MISDClass A misdemeanorUp to 360 days$3,000 fineWhenA willful violation
Read the section →

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.

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.