Sixty-ninth Legislative Assembly of North Dakota
In Regular Session Commencing Tuesday, January 7, 2025
SENATE BILL NO. 2257
(Senator Myrdal)
AN ACT to amend and reenact subsection 5 of section 12.1-23-05 of the North Dakota Century Code,
relating to grading of theft offenses of values not exceeding five hundred dollars; and to provide
a penalty.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Subsection 5 of section 12.1-23-05 of the North Dakota Century Code
is amended and reenacted as follows:
5.a.Theft under this chapter of property or services of a value not exceeding five hundred
dollars is a class B misdemeanor for a first offense if:
(1)The theft was committed by shoplifting; or
(2)The following three factors are met:
(a)The theft was not committed by threat;
(b)The theft was not committed by deception by one who stood in a confidential
or fiduciary relationship to the victim of the theft; and
(c)The defendant was not a public servant or an officer or employee of a
financial institution who committed the theft in the course of official duties.
b.The special classification provided in paragraph 2 of subdivision a applies if the offense is
classified under this subsection in the charge or if, at sentencing, the required factors are
established by a preponderance of the evidence.
c.A second or third offense under paragraph 1 of subdivision a, or an equivalent ordinance,
occurring within three years is a class A misdemeanor. A fourth or subsequent violation
under paragraph 1 of subdivision a, or an equivalent ordinance, occurring within four
years is a class C felony.
d.A sentence imposed under this subsection must be accompanied by a written statement
by the court providing notice of any offense under this section which provides an
enhanced penalty, including the penalty for a subsequent offense. S. B. NO. 2257 - PAGE 2
____________________________ ____________________________
President of the Senate Speaker of the House
____________________________ ____________________________
Secretary of the Senate Chief Clerk of the House
This certifies that the within bill originated in the Senate of the Sixty-ninth Legislative Assembly of North
Dakota and is known on the records of that body as Senate Bill No. 2257.
Senate Vote:Yeas 46 Nays 0 Absent 1
House Vote: Yeas 76 Nays 13 Absent 5
____________________________
Secretary of the Senate
Received by the Governor at ________M. on _____________________________________, 2025.
Approved at ________M. on __________________________________________________, 2025.
____________________________
Governor
Filed in this office this ___________day of _______________________________________, 2025,
at ________ o’clock ________M.
____________________________
Secretary of State