Criminal penalties in North Dakota
Checked in October 2026 against the North Dakota Century Code, Titles 12.1 and 39.
These are statutory ranges for a first offence, from the least to the most the law allows. A court decides the actual sentence in each case. Not legal advice.
How North Dakota sets penalties
- North Dakota sorts offences into seven classes (§ 12.1-32-01). Class AA felony: life imprisonment without parole (the court must say whether the life sentence is with or without parole; with parole, no consideration for 30 years). Class A felony: up to 20 years and a fine of up to $20,000. Class B felony: up to 10 years and a fine of up to $20,000. Class C felony: up to 5 years and a fine of up to $10,000.
- A class A misdemeanor carries up to 360 days and a fine of up to $3,000. A class B misdemeanor carries up to 30 days and a fine of up to $1,500. An infraction carries a fine of up to $1,000.
- Each offence names its own class, and the class moves up where the statute lists aggravating facts (a weapon, an injury, a young or protected victim, a large value). The tables show the main classes from the mildest.
- These are maximums. The court may impose less, and a few offences carry minimums, such as some sexual offences against children.
Death penalty: No. North Dakota has no death penalty in the sections read. The most serious penalty is life imprisonment without parole, for a class AA felony (N.D. Cent. Code § 12.1-32-01).
First-degree murder
Life imprisonment without parole (class AA)
Murder (Class AA felony)
- Least
- Life
- Most
- Life imprisonment without parole
The court must say whether the life sentence is with or without parole. If with parole, the person is not eligible for consideration for 30 years, less good-conduct reductions.
North Dakota has one crime of murder, with no degrees: intentionally or knowingly causing death, causing death under circumstances manifesting extreme indifference to the value of human life, or causing a death in the course of treason, robbery, burglary, kidnapping, arson, gross sexual imposition or escape.
Second-degree murder
The same offence (class AA); there is no second-degree murder
Negligent homicide (Class C felony)
- Least
- No minimum term set by the statute
- Most
- 5 years
- Fine
- A fine of up to $10,000
Manslaughter (recklessly causing the death of another human being) (Class B felony)
- Least
- No minimum term set by the statute
- Most
- 10 years
- Fine
- A fine of up to $20,000
Murder (the same offence as above) (Class AA felony)
- Least
- Life
- Most
- Life imprisonment without parole
The nearest lesser homicide offences are manslaughter, which is recklessly causing death (class B), and negligent homicide (class C).
Voluntary manslaughter
Up to 5 years (negligent homicide) up to 10 years (manslaughter)
Negligent homicide (Class C felony)
- Least
- No minimum term set by the statute
- Most
- 5 years
- Fine
- A fine of up to $10,000
Manslaughter (Class B felony)
- Least
- No minimum term set by the statute
- Most
- 10 years
- Fine
- A fine of up to $20,000
North Dakota's manslaughter is recklessly causing death. The sections read here have no separate offence of killing in the heat of passion.
Robbery
Up to 5 years (class C) up to 20 years (firing a firearm or hurling a destructive device)
Robbery (otherwise) (Class C felony)
- Least
- No minimum term set by the statute
- Most
- 5 years
- Fine
- A fine of up to $10,000
Robbery where the robber possesses or pretends to possess a firearm or other dangerous weapon, menaces another with serious bodily injury, inflicts bodily injury, or is aided by an accomplice present (Class B felony)
- Least
- No minimum term set by the statute
- Most
- 10 years
- Fine
- A fine of up to $20,000
Robbery where the actor fires a firearm, or explodes or hurls a destructive device, or directs the force of another dangerous weapon against another (Class A felony)
- Least
- No minimum term set by the statute
- Most
- 20 years
- Fine
- A fine of up to $20,000
Burglary
Up to 5 years (class C) up to 10 years (class B)
Burglary (otherwise) (Class C felony)
- Least
- No minimum term set by the statute
- Most
- 5 years
- Fine
- A fine of up to $10,000
Burglary in the aggravated cases that the section lists (Class B felony)
- Least
- No minimum term set by the statute
- Most
- 10 years
- Fine
- A fine of up to $20,000
Arson
A class A misdemeanor (failing to control a fire) up to 10 years (class B)
Failing to report or control a fire that endangers life or a substantial amount of another's property (Class A misdemeanor)
- Least
- No minimum term set by the statute
- Most
- 360 days
- Fine
- A fine of up to $3,000
Reckless endangerment by fire or explosion (class C, or class B where the actor places another in danger of death under circumstances showing extreme indifference to the value of human life) (Class C felony)
- Least
- No minimum term set by the statute
- Most
- 5 years
- Fine
- A fine of up to $10,000
The section makes it a class B felony in the extreme-indifference case, a class B maximum of 10 years.
Arson (starting or maintaining a fire, or causing an explosion, with intent to destroy a listed kind of property) (Class B felony)
- Least
- No minimum term set by the statute
- Most
- 10 years
- Fine
- A fine of up to $20,000
Aggravated assault
Up to 5 years (class C) up to 10 years (class B)
Aggravated assault (willfully causing serious bodily injury, knowingly causing bodily injury with a dangerous weapon, or firing a firearm or hurling a destructive device at another human being) (Class C felony)
- Least
- No minimum term set by the statute
- Most
- 5 years
- Fine
- A fine of up to $10,000
Aggravated assault where the victim is under 12 years of age, a peace officer or correctional employee, or in another listed class (Class B felony)
- Least
- No minimum term set by the statute
- Most
- 10 years
- Fine
- A fine of up to $20,000
Rape and sexual assault
Up to 20 years (class A) up to life without parole (class AA)
Gross sexual imposition (Class A felony)
- Least
- No minimum term set by the statute
- Most
- 20 years
- Fine
- A fine of up to $20,000
Gross sexual imposition in the class AA cases (serious bodily injury, a victim under 15 and an offender aged 22 or older, or a death) (Class AA felony)
- Least
- 20 years (5 years in exceptional cases)
- Most
- Life imprisonment without parole
For a class AA conviction under subdivision a of subsection 1, the court must impose a minimum of 20 years' imprisonment, with probation to follow, unless it finds a manifest injustice in the case, and then at least 5 years of incarceration.
North Dakota's main offence is 'gross sexual imposition': a sexual act with compulsion by force or threat, with a victim whose power to resist has been impaired without their knowledge, or with a victim under 15 years of age. It is a class AA felony if the actor inflicts serious bodily injury, for some offences against victims under 15 by an offender aged 22 or older, or if the victim dies.
Kidnapping
Up to 10 years (released alive in a safe place, class B) up to 20 years (class A)
Kidnapping where the actor voluntarily releases the victim alive and in a safe place before trial (Class B felony)
- Least
- No minimum term set by the statute
- Most
- 10 years
- Fine
- A fine of up to $20,000
Kidnapping (Class A felony)
- Least
- No minimum term set by the statute
- Most
- 20 years
- Fine
- A fine of up to $20,000
Embezzlement
Up to 5 years (class C) up to 20 years (class A, over $50,000)
Theft in the listed class C circumstances (Class C felony)
- Least
- No minimum term set by the statute
- Most
- 5 years
- Fine
- A fine of up to $10,000
Theft of more than $10,000 and up to $50,000, or by threat to commit a felony (Class B felony)
- Least
- No minimum term set by the statute
- Most
- 10 years
- Fine
- A fine of up to $20,000
Theft of more than $50,000 (Class A felony)
- Least
- No minimum term set by the statute
- Most
- 20 years
- Fine
- A fine of up to $20,000
The nearest North Dakota offence is theft, graded by value: over $50,000, class A; over $10,000 up to $50,000, class B; and class C where one of the listed circumstances applies. Lower values are misdemeanors, which we have not shown.
Forgery
A class A misdemeanor up to 20 years (class A)
Forgery in all other cases (Class A misdemeanor)
- Least
- No minimum term set by the statute
- Most
- 360 days
- Fine
- A fine of up to $3,000
Forgery by a public servant or financial-institution employee, or of property over $1,000 (Class C felony)
- Least
- No minimum term set by the statute
- Most
- 5 years
- Fine
- A fine of up to $10,000
Forgery of a government obligation or security, or involving property of high value (up to $50,000) (Class B felony)
- Least
- No minimum term set by the statute
- Most
- 10 years
- Fine
- A fine of up to $20,000
Class A where the value of the property exceeds $50,000.
Drunk driving, first offence
A class B misdemeanor (up to 30 days and a fine of up to $1,500), with a fine of at least $500
Driving under the influence, first offence (Class B misdemeanor)
- Least
- No minimum (at least 2 days for an aggravated first offence)
- Most
- 30 days
- Fine
- A fine of at least $500 (at least $750 for an aggravated first offence), and up to $1,500
A first or second offence in seven years is a class B misdemeanor, a third offence in seven years is a class A misdemeanor, and a fourth or later offence in fifteen years is a class C felony. For a first offence the sentence must include a fine of at least $500 and an order for addiction evaluation. For a first offence with a high alcohol concentration (an 'aggravated first offense'), the sentence must include a fine of at least $750 and at least two days' imprisonment.
Compare with: Iowa, Arizona, California, New York, Florida, Texas, Virginia, Washington, Maryland, Minnesota, Maine, South Carolina, Delaware, South Dakota, Alabama, Alaska.
