• 2002 - Obstruction of Governmental Function (Defense)
  • K-13.01
    • Government Function
    • Obstruction
    • Public Authority
    • Public Crimes
  • It is a defense to prosecution for physical obstruction of a government function that the administration of law or other government function was not lawful, but it is no defense that the Defendant mistakenly believed that the administration of law or other governmental function was not lawful. The conduct of a public servant acting in good faith and under color of law in the execution of a warrant or other process for arrest or search and seizure is deemed lawful.
    • 12.1-08-01
    • 12.1-08-02
    • State v. Barth, 2001 ND 201, 637 NW2d 369
  • Notes: NDCC 12.1-08-01 does not apply to the conduct of a person obstructing the person’s own arrest, but that conduct is subject to NDCC 12.1-08-02. NDCC 12.1-08-01 applies to the conduct of a person obstructing the arrest of another. Inapplicability under this subsection is a defense.