Current through 2024 Legislative Session
Section 12.1-17-01.2 - Domestic violence1. For purposes of this section "family or household member" means family or household member as defined in section 14-07.1-01.2. A person is guilty of an offense if that person willfully causes:a. Bodily injury to the actor's family or household member;b. Substantial bodily injury to the actor's family or household member; orc. Serious bodily injury to the actor's family or household member.3. The offense is: a. A class B misdemeanor for the first offense under subdivision a of subsection 2 and a class A misdemeanor for a second or subsequent offense under this section or sections 12.1-17-01, 12.1-17-01.1, or 12.1-17-02 involving the commission of domestic violence, as defined in section 14-07.1-01. For purposes of this subdivision, a prior conviction includes a conviction of any assault offense in which a finding of domestic violence was made under a law or ordinance of another state which is equivalent to this section.b. A class A misdemeanor for an offense under subdivision b of subsection 2 and a class C felony for an offense under subdivision c of subsection 2.c. A class B felony for an offense under subdivision b or c of subsection 2 if the victim is under twelve years of age.4. A person charged with an offense under this section must be prosecuted in district court.Added by S.L. 2019 , ch. 107( HB 1393 ), § 3, eff. 8/1/2019.