# Title 12.1 — Criminal Code

## Chapter 12.1-09 — Tampering and Unlawful Influence

### § 12.1-09-01. Tampering with witnesses and informants in proceedings.

1. A person is guilty of a class C felony if he uses force, threat, deception, or bribery:
a. With intent to influence another's testimony in an official proceeding; or
b. With intent to induce or otherwise cause another:
(1) To withhold any testimony, information, document, or thing from an official
proceeding, whether or not the other person would be legally privileged to
do so;
(2) To violate section 12.1-09-03;
(3) To elude legal process summoning him to testify in an official proceeding; or
(4) To absent himself from an official proceeding to which he has been
summoned.
2. A person is guilty of a class C felony if he solicits, accepts, or agrees to accept from
another a thing of pecuniary value as consideration for:
a. Influencing the actor's testimony in an official proceeding; or
b. The actor's engaging in the conduct described in paragraphs 1 through 4 of
subdivision b of subsection 1.
3. a. It is a defense to a prosecution under this section for use of threat with intent to
influence another's testimony that the threat was not of unlawful harm and was
used solely to influence the other to testify truthfully.
b. In a prosecution under this section based on bribery, it shall be an affirmative
defense that any consideration for a person's refraining from instigating or
pressing the prosecution of an offense was to be limited to restitution or
indemnification for harm caused by the offense.
c. It is no defense to a prosecution under this section that an official proceeding was
not pending or about to be instituted.
4. This section shall not be construed to prohibit the payment or receipt of witness fees
provided by statute, or the payment, by the party upon whose behalf a witness is
called, and receipt by a witness, of the reasonable cost of travel and subsistence
incurred and the reasonable value of time spent in attendance at an official
proceeding, or in the case of expert witnesses, a reasonable fee for preparing and
presenting an expert opinion.
### § 12.1-09-02. Tampering with informants in criminal investigations.

A person is guilty of a class C felony if, believing another may have information relating to
an offense, he deceives such other person or employs force, threat, or bribery with intent to
hinder, delay, or prevent communication of such information to a law enforcement officer. The
affirmative defense in subdivision b of subsection 3 of section 12.1-09-01 applies to this section.
### § 12.1-09-03. Tampering with physical evidence.

1. A person is guilty of an offense if, believing an official proceeding is pending or about
to be instituted, or believing process, demand, or order has been issued or is about to
be issued, he alters, destroys, mutilates, conceals, or removes a record, document, or
thing with intent to impair its verity or availability in such official proceeding or for the
purposes of such process, demand, or order.
2. The offense is a class C felony if the actor substantially obstructs, impairs, or perverts
prosecution for a felony. Otherwise it is a class A misdemeanor.
3. In this section, "process, demand, or order" means process, demand, or order
authorized by law for the seizure, production, copying, discovery, or examination of a
record, document, or thing.

### § 12.1-09-04. Harassment of and communication with jurors.

1. A person is guilty of a class A misdemeanor if, with intent to influence the official action
of another as juror, that person communicates directly or indirectly with the juror, other
than as part of the proceedings in a case, or harasses or alarms the juror. A person is
guilty of a class A misdemeanor if, with the intent to harass or annoy a former juror
because of the verdict returned by the jury or the participation of the juror in the
verdict, that person communicates directly or indirectly with the juror in a manner that
intimidates the juror or conveys a threat of injury or damage to the juror's property or
person. Conduct directed against the juror's spouse or other relative residing in the
same household with the juror shall be deemed conduct directed against the juror.
2. In this section, "juror" means a grand juror or a petit juror and includes a person who
has been drawn or summoned to attend as a prospective juror, and any referee,
arbitrator, umpire, or assessor authorized by law to hear and determine any
controversy.
### § 12.1-09-05. Eavesdropping on jury deliberations.

1. A person is guilty of a class A misdemeanor if he intentionally:
a. Records the proceedings of a jury while such jury is deliberating or voting; or
b. Listens to or observes the proceedings of any jury of which he is not a member
while such jury is deliberating or voting.
2. This section shall not apply to the taking of notes by a juror in connection with and
solely for the purpose of assisting him in the performance of his official duties. Nor
does this section apply to a person studying the jury process in the manner provided
by statute, and under the control and supervision of the court. Inapplicability under this
subsection is a defense.
3. In this section, "jury" means grand jury or petit jury, and "juror" means grand juror or
petit juror.
### § 12.1-09-06. Nondisclosure of retainer in criminal matter.

1. A person employed for compensation to influence the official action of a public servant
with respect to:
a. The initiation, conduct, or dismissal of a prosecution;
b. The imposition or modification of a sentence; or
c. The granting of parole or probation is guilty of a class A misdemeanor if he
privately addresses to such public servant any representation, entreaty,
argument, or other communication intended to influence official action without
disclosing the fact of such employment, knowing that the public servant is
unaware of it.
2. This section does not apply to an attorney at law or to a person authorized by statute
or regulation to act in a representative capacity with respect to the official action when
he is acting in such capacity and makes known to the public servant or has indicated
in any manner authorized by law that he is acting in such capacity. Inapplicability under
this subsection is a defense.
