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North Dakota House Bill HB1429

North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1429 Compare Versions

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1-Sixty-ninth Legislative Assembly of North Dakota
2-In Regular Session Commencing Tuesday, January 7, 2025
3-HOUSE BILL NO. 1429
4-(Representatives Holle, Dobervich, Headland, Henderson, Koppelman, Tveit, Brandenburg)
5-(Senators Lemm, Magrum)
6-AN ACT to amend and reenact sections 12.1-17-07 and 12.1-17-07.1 of the North Dakota Century
7-Code, relating to harassment and stalking with a robot; and to provide a penalty.
1+25.0908.03000
2+Sixty-ninth
3+Legislative Assembly
4+of North Dakota
5+Introduced by
6+Representatives Holle, Dobervich, Headland, Henderson, Koppelman, Tveit, Brandenburg
7+Senators Lemm, Magrum
8+A BILL for an Act to amend and reenact sections 12.1-17-07 and 12.1-17-07.1 of the North
9+Dakota Century Code, relating to harassment and stalking with a robot; and to provide a
10+penalty.
811 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
9-SECTION 1. AMENDMENT. Section 12.1-17-07 of the North Dakota Century Code is amended and
10-reenacted as follows:
12+SECTION 1. AMENDMENT. Section 12.1-17-07 of the North Dakota Century Code is
13+amended and reenacted as follows:
1114 12.1-17-07. Harassment.
12-1.As used in this section "robot" means an artificial object or system that senses, processes,
13-and acts using technology, including the associated elements, communication links, and
14-artificial intelligence. The term includes remotely piloted aircraft.
15+1.As used in this section "robot" means an artificial object or system that senses,
16+processes, and acts using technology, including the associated elements,
17+communication links, and artificial intelligence. The term includes remotely piloted
18+aircraft.
1519 2.A person is guilty of an offense if, with intent to frighten or harass another, the person:
16-a.Communicates in writing or by electronic communication a threat to inflict injury on any
17-person, to any person's reputation, or to any property;
20+a.Communicates in writing or by electronic communication a threat to inflict injury
21+on any person, to any person's reputation, or to any property;
1822 b.Makes a telephone call anonymously or in offensively coarse language;
19-c.Makes repeated telephone calls or other electronic communication, whether or not a
20-conversation ensues, with no purpose of legitimate communication; or
21-d.Communicates a falsehood in writing or by electronic communication and causes mental
22-anguish; or
23+c.Makes repeated telephone calls or other electronic communication, whether or
24+not a conversation ensues, with no purpose of legitimate communication; or
25+d.Communicates a falsehood in writing or by electronic communication and causes
26+mental anguish; or
2327 e.Uses a robot to engage in offensive conduct with no legitimate purpose.
2428 2.3.The offense is a class A misdemeanor if it is under subdivision a of subsection 1 or
2529 subsection 4. Otherwise it is a class B misdemeanor.
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31+ENGROSSED HOUSE BILL NO. 1429
32+FIRST ENGROSSMENT
33+with Senate Amendments
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2657 3.4.Any offense defined herein and committed by use of electronic communication may be
27-deemed to have been committed at either the place at which the electronic communication
28-was made or at the place where the electronic communication was received.
29-4.5.A person is guilty of an offense if the person initiates communication with a 911 emergency
30-line, public safety answering point, or an emergency responder communication system with
31-the intent to annoy or harass another person or a public safety agency or who makes a false
32-report to a public safety agency.
33-a.Intent to annoy or harass is established by proof of one or more calls with no legitimate
34-emergency purpose.
35-b.Upon conviction of a violation of this subsection, a person is also liable for all costs
36-incurred by any unnecessary emergency response.
58+deemed to have been committed at either the place at which the electronic
59+communication was made or at the place where the electronic communication was
60+received.
61+4.5.A person is guilty of an offense if the person initiates communication with a
62+911 emergency line, public safety answering point, or an emergency responder
63+communication system with the intent to annoy or harass another person or a public
64+safety agency or who makes a false report to a public safety agency.
65+a.Intent to annoy or harass is established by proof of one or more calls with no
66+legitimate emergency purpose.
67+b.Upon conviction of a violation of this subsection, a person is also liable for all
68+costs incurred by any unnecessary emergency response.
3769 5.6.Any offense defined herein is deemed communicated in writing if it is transmitted
38-electronically, by electronic mail, facsimile, or other similar means. Electronic communication
39-means transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature H. B. NO. 1429 - PAGE 2
40-transmitted in whole or in part by a wire, radio, electromagnetic, photo-electronic, or
41-photo-optical system.
42-SECTION 2. AMENDMENT. Section 12.1-17-07.1 of the North Dakota Century Code is amended
43-and reenacted as follows:
70+electronically, by electronic mail, facsimile, or other similar means. Electronic
71+communication means transfer of signs, signals, writing, images, sounds, data, or
72+intelligence of any nature transmitted in whole or in part by a wire, radio,
73+electromagnetic, photo-electronic, or photo-optical system.
74+SECTION 2. AMENDMENT. Section 12.1-17-07.1 of the North Dakota Century Code is
75+amended and reenacted as follows:
4476 12.1-17-07.1. Stalking.
4577 1.As used in this section:
4678 a."Course of conduct" means a pattern of conduct consisting of two or more acts
47-evidencing a continuity of purpose. The term includes an act conducted with a robot in
48-the direct control of the person. The term does not include constitutionally protected
49-activity.
50-b."Immediate family" means a spouse, parent, child, or sibling. The term also includes any
51-other individual who regularly resides in the household or who within the prior six months
52-regularly resided in the household.
53-c."Robot" means an artificial object or system that senses, processes, and acts using
54-technology, including the associated elements, communication links, and artificial
55-intelligence. The term includes remotely piloted aircraft.
79+evidencing a continuity of purpose. The term includes an act conducted with a
80+robot in the direct control of the person. The term does not include constitutionally
81+protected activity.
82+b."Immediate family" means a spouse, parent, child, or sibling. The term also
83+includes any other individual who regularly resides in the household or who within
84+the prior six months regularly resided in the household.
85+c."Robot" means an artificial object or system that senses, processes, and acts
86+using technology, including the associated elements, communication links, and
87+artificial intelligence. The term includes remotely piloted aircraft.
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56121 d."Stalk" means:
57-(1)To engage in an intentional course of conduct directed at a specific person which
58-frightens, intimidates, or harasses that person and which serves no legitimate
59-purpose. The course of conduct may be directed toward that person or a member of
60-that person's immediate family and must cause a reasonable person to experience
61-fear, intimidation, or harassment; or
62-(2)The unauthorized tracking of the person's movements or location through the use of
63-a global positioning system, robot, or other electronic means that would cause a
64-reasonable person to be frightened, intimidated, or harassed and which serves no
65-legitimate purpose.
122+(1)To engage in an intentional course of conduct directed at a specific person
123+which frightens, intimidates, or harasses that person and which serves no
124+legitimate purpose. The course of conduct may be directed toward that
125+person or a member of that person's immediate family and must cause a
126+reasonable person to experience fear, intimidation, or harassment; or
127+(2)The unauthorized tracking of the person's movements or location through
128+the use of a global positioning system, robot, or other electronic means that
129+would cause a reasonable person to be frightened, intimidated, or harassed
130+and which serves no legitimate purpose.
66131 2.A person may not intentionally stalk another person.
67-3.In any prosecution under this section, it is not a defense that the actor was not given actual
68-notice that the person did not want the actor to contact or follow the person; nor is it a defense
69-that the actor did not intend to frighten, intimidate, or harass the person. An attempt to contact
70-or follow a person after being given actual notice that the person does not want to be
71-contacted or followed is prima facie evidence that the actor intends to stalk that person.
72-4.In any prosecution under this section, it is a defense that a private investigator licensed under
73-chapter 43-30 or a peace officer licensed under chapter 12-63 was acting within the scope of
74-employment.
75-5.If a person claims to have been engaged in a constitutionally protected activity, the court shall
76-determine the validity of the claim as a matter of law and, if found valid, shall exclude evidence
77-of the activity.
132+3.In any prosecution under this section, it is not a defense that the actor was not given
133+actual notice that the person did not want the actor to contact or follow the person; nor
134+is it a defense that the actor did not intend to frighten, intimidate, or harass the person.
135+An attempt to contact or follow a person after being given actual notice that the person
136+does not want to be contacted or followed is prima facie evidence that the actor
137+intends to stalk that person.
138+4.In any prosecution under this section, it is a defense that a private investigator
139+licensed under chapter 43-30 or a peace officer licensed under chapter 12-63 was
140+acting within the scope of employment.
141+5.If a person claims to have been engaged in a constitutionally protected activity, the
142+court shall determine the validity of the claim as a matter of law and, if found valid,
143+shall exclude evidence of the activity.
78144 6.a.A person who violates this section is guilty of a class C felony if:
79145 (1)The person previously has been convicted of violating section 12.1-17-01,
80-12.1-17-01.1, 12.1-17-01.2, 12.1-17-02, 12.1-17-04, 12.1-17-05, or 12.1-17-07, or a
81-similar offense from another court in North Dakota, a court of record in the United
82-States, or a tribal court, involving the victim of the stalking; H. B. NO. 1429 - PAGE 3
83-(2)The stalking violates a court order issued under chapter 14-07.1 protecting the
84-victim of the stalking, if the person had notice of the court order; or
146+12.1-17-01.1, 12.1-17-01.2, 12.1-17-02, 12.1-17-04, 12.1-17-05, or
147+12.1-17-07, or a similar offense from another court in North Dakota, a court
148+of record in the United States, or a tribal court, involving the victim of the
149+stalking;
150+(2)The stalking violates a court order issued under chapter 14-07.1 protecting
151+the victim of the stalking, if the person had notice of the court order; or
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85185 (3)The person previously has been convicted of violating this section.
86-b.If subdivision a does not apply, a person who violates this section is guilty of a class A
87-misdemeanor. H. B. NO. 1429 - PAGE 4
88-____________________________ ____________________________
89-Speaker of the House President of the Senate
90-____________________________ ____________________________
91-Chief Clerk of the House Secretary of the Senate
92-This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative
93-Assembly of North Dakota and is known on the records of that body as House Bill No. 1429.
94-House Vote: Yeas 91 Nays 0 Absent 3
95-Senate Vote:Yeas 45 Nays 0 Absent 2
96-____________________________
97-Chief Clerk of the House
98-Received by the Governor at ________M. on _____________________________________, 2025.
99-Approved at ________M. on __________________________________________________, 2025.
100-____________________________
101-Governor
102-Filed in this office this ___________day of _______________________________________, 2025,
103-at ________ o’clock ________M.
104-____________________________
105-Secretary of State
186+b.If subdivision a does not apply, a person who violates this section is guilty of a
187+class A misdemeanor.
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