North Dakota Century Code Annotated
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)

12.1-05-08. 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.

 

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