Section 12.1-09-06 - Nondisclosure of retainer in criminal matter1. A person employed for compensation to influence the official action of a public servant with respect to: a. The initiation, conduct, or dismissal of a prosecution;b. The imposition or modification of a sentence; orc. The granting of parole or probation is guilty of a class A misdemeanor if he privately addresses to such public servant any representation, entreaty, argument, or other communication intended to influence official action without disclosing the fact of such employment, knowing that the public servant is unaware of it.2. This section does not apply to an attorney at law or to a person authorized by statute or regulation to act in a representative capacity with respect to the official action when he is acting in such capacity and makes known to the public servant or has indicated in any manner authorized by law that he is acting in such capacity. Inapplicability under this subsection is a defense.