Page:2021 North Dakota Session Laws.pdf/406

h. The property stolen consists of livestock taken from the premises of the owner;

i. The property stolen consists of a key or other implement uniquely suited to provide access to property the theft of which would be a felony and it was stolen to gain such access;

j. The property stolen is a card, plate, or other credit device existing for the purpose of obtaining money, property, labor, or services on credit, or is a debit card, electronic fund transfer card, code, or other means of access to an account for the purposes of initiating electronic fund transfers; or

k. The property stolen is a prescription drug as defined in section 43-15.3-01, except when the quantity stolen is five or fewer capsules, pills, or tablets.

4. All other theft under this chapter is a class A misdemeanor, unless the requirements of subsection 5 are met.

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:

a. (1) The theft was committed by shoplifting; or

(2) The following three factors are met:

(a) The theft was not committed by threat;

b.(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.(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 this subsectionparagraph 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 occurring within three years is a class A misdemeanor. A fourth or subsequent violation under paragraph 1 of subdivision a 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.

6. Notwithstanding subsection 3 of section 12.1-06-01, an attempt to commit a theft under this chapter is punishable equally with the completed offense when the actor has completed all of the conduct which the actor believes necessary on the actor's part to complete the theft except receipt of the property.