25.0446.02000
Sixty-ninth
Legislative Assembly
of North Dakota
Introduced by
Representatives Schneider, Heinert, Ista, Klemin, D. Johnston, Wolff
Senators Dwyer, Hogan, Sickler
A BILL for an Act to amend and reenact section 12.1-05-03 of the North Dakota Century Code,
relating to self-defense and the unlawful possession of a firearm; and to provide a penalty.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Section 12.1-05-03 of the North Dakota Century Code is
amended and reenacted as follows:
12.1-05-03. Self-defense.
A personAn individual is justified in using force upon another personindividual to defend
himselfoneself against danger of imminent unlawful bodily injury, sexual assault, or detention by
suchthe other personindividual, except that an individual is not justified in using force:
1.A person is not justified in using force forFor the purpose of resisting arrest, execution
of process, or other performance of duty by a public servant under color of law, but
excessive force may be resisted.
2.A person is not justified in using force ifIf the individual:
a.He intentionallyIntentionally provokes unlawful action by another personindividual
to cause bodily injury or death to suchthe other personindividual; or
b.He has entered into aEnters mutual combat with another personindividual or is
the initial aggressor unless hethe individual is resisting force which is clearly
excessive in the circumstances. A person'sAn individual's use of defensive force
after hethe individual withdraws from an encounter and indicates to the other
personindividual that hethe individual has done so is justified if the latter
nevertheless continues or menaces unlawful action; or
c.Possesses a firearm in violation of subdivision a or b of subsection 1 of section
62.1 - 02 - 01 and used the firearm at the time the danger of imminent unlawful
bodily injury, sexual assault, or detention occurred.
Page No. 1 25.0446.02000
HOUSE BILL NO. 1326
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