North Dakota Century Code Annotated (2023)
TITLE 12.1 Criminal Code (Chs. 12.1-01 — 12.1-41)
CHAPTER 12.1-05 Justification — Excuse — Affirmative Defenses (§§ 12.1-05-01 — 12.1-05-12)

12.1-05-06. Use of force in defense of premises and property.

Force is justified if it is used to prevent or terminate an unlawful entry or other trespass in or upon premises, or to prevent an unlawful carrying away or damaging of property.

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NOTE: This statute was substantially revised effective 8/1/2021 (the previous version of this statute is retained below this current version, with strike-out indicated):

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

Chapter 12.1 Criminal Code

CHAPTER 12.1-05.  JUSTIFICATION – EXCUSE – AFFIRMATIVE DEFENSES

12.1-05-06. Use of force in defense of premises and property.

Force is justified if it is used to prevent or terminate an unlawful entry or other trespass in or upon premises, or to prevent an unlawful carrying away or damaging of property.

 

PREVIOUS VERSION OF  12.1-05-06:

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

Chapter 12.1 Criminal Code

CHAPTER 12.1-05.  JUSTIFICATION – EXCUSE – AFFIRMATIVE DEFENSES

12.1-05-06. Use of force in defense of premises and property.

Force is justified if it is used to prevent or terminate an unlawful entry or other trespass in or upon premises, or to prevent an unlawful carrying away or damaging of property, if the person using such force first requests the person against whom such force is to be used to desist from his interference with the premises or property, except that a request is not necessary if it would be useless or dangerous to make the request or substantial damage would be done to the property sought to be protected before the request could effectively be made.

 

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