ND 12.1-05-08. Excuse.

ND 12.1-05-08. Excuse.

State: North Dakota

 

North Dakota Century Code (N.D.C.C.)

Chapter 12.1 Criminal Code

CHAPTER 12.1-05.  JUSTIFICATION – EXCUSE – AFFIRMATIVE DEFENSES

12.1-05-08. Excuse.

A person’s conduct is excused if he believes that the facts are such that his conduct is necessary and appropriate for any of the purposes which would establish a justification or excuse under this chapter, even though his belief is mistaken. However, if his belief is negligently or recklessly held, it is not an excuse in a prosecution for an offense for which negligence or recklessness, as the case may be, suffices to establish culpability. Excuse under this section is a defense or affirmative defense according to which type of defense would be established had the facts been as the person believed them to be.

By | 2013-01-10T13:08:41+00:00 January 10th, 2013|Comments Off on ND 12.1-05-08. Excuse.