ND POST EXAM STUDY GUIDE
Where can an officer take a 10-56 (4 places) - Answers -1. The persons home 2.detox
3. Hospital
4. Jail
How long can an intoxicated person be held in jail? - Answers -24 hours
Define: terrorizing - Answers -fear for their safety.. Threaten to commit.. Act dangerous
to human life
Define: harassment - Answers -frighten.. Threat of injury by writing or by phone
Define: reckless endangerment - Answers -create a substantial risk of serious bodily
injury or death
Define: menacing - Answers -place another in fear of imminent serious bodily injury
Define: felonious restraint - Answers -abduct another and restrain them under terrorizing
circumstances
Define: criminal mischief - Answers -Willfully tampers with tangible property of another
so as to endanger person or property; or willfully damages tangible property of another
Where do appeals from municipal court and administrative hearings go? - Answers -
district court
Burglary is a combination of which two offenses - Answers -trespassing and any other
crime. It is ALWAYS a felony
Define: unlawful imprisonment - Answers -unlawful restraint
Define: disorderly conduct - Answers -reckless disregard, another person is harassed,
annoyed, or alarmed while loitering in a public place.. If with intent to harass, annoy,
alarm, exposes one's penis, vulva, or anus
Define: intentionally - Answers -purpose to do so (on purpose)
Define: recklessly - Answers -clearly unjustifiable disregard
Define: knowingly - Answers -firm belief
Define: negligently - Answers -unreasonable disregard
Define: willfully - Answers -all except negligently - intentionally, recklessly, knowingly
,If a statue does not specify the culpability, what is it? - Answers -willfully
What is the difference between substantial and serious bodily injury? - Answers -
substantial is more temporary
What does "assault" and "simple assault" have in common? - Answers -both are
"willfully and negligently"
If "assault" and "simple assault" is "willfully and negligently", what is "aggravated
assault" - Answers -willfully and knowingly
What level of injury is caused by "simple assault" and "assault" - Answers -simple
assault includes bodily injury and assault includes substantial bodily injury
Distinguish between the results of simple assault, assault, and aggravated assault -
Answers -it builds from bodily injury, to substantial bodily injury to serious and
substantial bodily injury
Charge level of simple assault - Answers -B misdemeanor
Charge level of assault - Answers -A misdemeanor (A for assault)
Charge level of aggravated assault - Answers -C felony
What is the culpability and result of manslaughter? - Answers -recklessly and death
Injuries and penalties: murder - Answers -AA felony - intentionally and knowingly
Injuries and penalties: negligent homicide - Answers -C felony - negligently
Injuries and penalties: murder under emotional disturbance - Answers -A felony
Name 3 homicides and their class/level of offense - Answers -1. Manslaughter (B
felony)
2. Negligent homicide (C Felony)
3. Assisted suicide (C felony)
When is an assault a C felony - Answers -if it is a child under the ago of 12 or a cop
What is the statute of limitations for: misdemeanor - Answers -2 years
What is the statute of limitations for: basic felony - Answers -3 years
What is the statute of limitations for: Gross Sexual Imposition (GSI)` - Answers -7 years
What is the statute of limitations for: Murder - Answers -no limit
, Who can order treatment and for how long? - Answers -physician, LAC, or detox center
(for 72 hours)
Can a person be charged with public intoxication in ND - Answers -NO
When can a minor (under 21) possess alcohol? - Answers -1. Religious service
2. Entering restaurants
3. Employment circumstances
4. Under age LEO
What must you do for a juvenile drinking (under 18) - Answers -arrest. (refer to court)
When is a person deemed 21 - Answers -8 am of their 21st birthday (for alcohol
purposes)
Charge level of misrepresentation / misstating of age - Answers -class B misdemeanor
Charge level of delivering alcohol to a minor, habitual drunkard, incompetent person, or
drunk person, selling (dispensing) outside of lawful days and times, allowing someone
under 21 to remain on the alcohol licensed premise outside of the above exceptions -
Answers -Class A misdemeanor
When it is prohibited to sell alcohol. If you do, what is the penalty - Answers -1. After 2
am on Sundays
2. Before noon on Sundays
3. Between 2am and 8am on all other days
4. After 6pm on Christmas Eve
-Penalty is Class A Misdemeanor
How can you prove you were innocent (Prima Facie) of unlawful delivery of alcohol -
Answers -the purchaser falsely represented their age with reliable docs, the person
appeared to be ordinarily prudent and 21 years of age, and the sale was made based
on the false documents
Can a person who was operating under the influence of intoxicating liquor be refused to
be released upon promise to appear? - Answers -yes
Define: criminal attempt - Answers -a substantial step toward the commission
Define: criminal facilitation - Answers -assistance to a person intending to commit a
felony
Define: conspiracy - Answers -if he agrees with one or more persons to engage
Define: criminal solicitation - Answers -induced, entreats, persuades, to commit a felony
Where can an officer take a 10-56 (4 places) - Answers -1. The persons home 2.detox
3. Hospital
4. Jail
How long can an intoxicated person be held in jail? - Answers -24 hours
Define: terrorizing - Answers -fear for their safety.. Threaten to commit.. Act dangerous
to human life
Define: harassment - Answers -frighten.. Threat of injury by writing or by phone
Define: reckless endangerment - Answers -create a substantial risk of serious bodily
injury or death
Define: menacing - Answers -place another in fear of imminent serious bodily injury
Define: felonious restraint - Answers -abduct another and restrain them under terrorizing
circumstances
Define: criminal mischief - Answers -Willfully tampers with tangible property of another
so as to endanger person or property; or willfully damages tangible property of another
Where do appeals from municipal court and administrative hearings go? - Answers -
district court
Burglary is a combination of which two offenses - Answers -trespassing and any other
crime. It is ALWAYS a felony
Define: unlawful imprisonment - Answers -unlawful restraint
Define: disorderly conduct - Answers -reckless disregard, another person is harassed,
annoyed, or alarmed while loitering in a public place.. If with intent to harass, annoy,
alarm, exposes one's penis, vulva, or anus
Define: intentionally - Answers -purpose to do so (on purpose)
Define: recklessly - Answers -clearly unjustifiable disregard
Define: knowingly - Answers -firm belief
Define: negligently - Answers -unreasonable disregard
Define: willfully - Answers -all except negligently - intentionally, recklessly, knowingly
,If a statue does not specify the culpability, what is it? - Answers -willfully
What is the difference between substantial and serious bodily injury? - Answers -
substantial is more temporary
What does "assault" and "simple assault" have in common? - Answers -both are
"willfully and negligently"
If "assault" and "simple assault" is "willfully and negligently", what is "aggravated
assault" - Answers -willfully and knowingly
What level of injury is caused by "simple assault" and "assault" - Answers -simple
assault includes bodily injury and assault includes substantial bodily injury
Distinguish between the results of simple assault, assault, and aggravated assault -
Answers -it builds from bodily injury, to substantial bodily injury to serious and
substantial bodily injury
Charge level of simple assault - Answers -B misdemeanor
Charge level of assault - Answers -A misdemeanor (A for assault)
Charge level of aggravated assault - Answers -C felony
What is the culpability and result of manslaughter? - Answers -recklessly and death
Injuries and penalties: murder - Answers -AA felony - intentionally and knowingly
Injuries and penalties: negligent homicide - Answers -C felony - negligently
Injuries and penalties: murder under emotional disturbance - Answers -A felony
Name 3 homicides and their class/level of offense - Answers -1. Manslaughter (B
felony)
2. Negligent homicide (C Felony)
3. Assisted suicide (C felony)
When is an assault a C felony - Answers -if it is a child under the ago of 12 or a cop
What is the statute of limitations for: misdemeanor - Answers -2 years
What is the statute of limitations for: basic felony - Answers -3 years
What is the statute of limitations for: Gross Sexual Imposition (GSI)` - Answers -7 years
What is the statute of limitations for: Murder - Answers -no limit
, Who can order treatment and for how long? - Answers -physician, LAC, or detox center
(for 72 hours)
Can a person be charged with public intoxication in ND - Answers -NO
When can a minor (under 21) possess alcohol? - Answers -1. Religious service
2. Entering restaurants
3. Employment circumstances
4. Under age LEO
What must you do for a juvenile drinking (under 18) - Answers -arrest. (refer to court)
When is a person deemed 21 - Answers -8 am of their 21st birthday (for alcohol
purposes)
Charge level of misrepresentation / misstating of age - Answers -class B misdemeanor
Charge level of delivering alcohol to a minor, habitual drunkard, incompetent person, or
drunk person, selling (dispensing) outside of lawful days and times, allowing someone
under 21 to remain on the alcohol licensed premise outside of the above exceptions -
Answers -Class A misdemeanor
When it is prohibited to sell alcohol. If you do, what is the penalty - Answers -1. After 2
am on Sundays
2. Before noon on Sundays
3. Between 2am and 8am on all other days
4. After 6pm on Christmas Eve
-Penalty is Class A Misdemeanor
How can you prove you were innocent (Prima Facie) of unlawful delivery of alcohol -
Answers -the purchaser falsely represented their age with reliable docs, the person
appeared to be ordinarily prudent and 21 years of age, and the sale was made based
on the false documents
Can a person who was operating under the influence of intoxicating liquor be refused to
be released upon promise to appear? - Answers -yes
Define: criminal attempt - Answers -a substantial step toward the commission
Define: criminal facilitation - Answers -assistance to a person intending to commit a
felony
Define: conspiracy - Answers -if he agrees with one or more persons to engage
Define: criminal solicitation - Answers -induced, entreats, persuades, to commit a felony
