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SB 2257

AN ACT to amend and reenact subsection 5 of section 12.1-23-05 of the North Dakota Century Code, relating to grading of theft offenses of values not exceeding five hundred dollars; and to provide a penalty.

69th Legislative Assembly (2025-26) Introduced by Janne Myrdal

Reduces first-offense petty theft (≤$500) to a Class B misdemeanor when not shoplifting under certain exceptions, with escalating penalties for repeat offenses.

Filed with Secretary Of State 03/20
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Bill Summary · SB 2257

SB 2257 — Summary (North Dakota)

Status: Introduced March 11, 2025; filed with Secretary of State March 20, 2025. Introduced by Senator Myrdal. Passed both chambers (Senate 46–0; House 76–13) prior to enrollment.

Purpose

To revise the grading and penalties for certain thefts where the value of property or services does not exceed $500, clarifying when low‑value theft is treated as a lesser misdemeanor and establishing escalated penalties for repeat offenders. The bill also requires courts to give written notice about enhanced penalties at sentencing.

Key provisions

  • Dollar threshold: Applies to theft of property or services valued at not exceeding $500.
  • First offense classification:
    • Theft of ≤ $500 is a Class B misdemeanor for a first offense if:
    • The theft was committed by shoplifting; OR
    • ALL three of these are true:
      • It was not committed by threat;
      • It was not committed by deception by someone in a confidential or fiduciary relationship to the victim; and
      • The defendant was not a public servant or an officer/employee of a financial institution committing the theft in the course of official duties.
  • Applicability and proof:
    • The special (lesser) classification applies if the charge so states or if, at sentencing, the required factors are established by a preponderance of the evidence.
  • Repeat-offender escalation:
    • A second or third offense of the shoplifting provision (or equivalent local ordinance) occurring within three years is a Class A misdemeanor.
    • A fourth or subsequent violation occurring within four years is a Class C felony.
  • Sentencing notice:
    • Any sentence imposed under this subsection must be accompanied by a written statement from the court notifying the defendant of any offenses under this section that carry enhanced penalties (including penalties for subsequent offenses).

Who is affected

  • Defendants charged with theft of items/services valued at $500 or less, especially shoplifting cases.
  • Retailers and law enforcement (charging and investigative practices).
  • Prosecutors (charging decisions) and judges (finding factors by preponderance and providing written notice at sentencing).
  • Excluded from the reduced classification: thefts by threat, thefts by fiduciaries via deception, and thefts by public servants/financial‑institution employees in the course of duties.

Practical impact and considerations

  • The bill narrows how low‑value thefts are elevated to lesser misdemeanor status, explicitly protecting victims from certain kinds of theft (threat, fiduciary deception, public‑official misconduct).
  • It reduces the initial grading for qualifying first‑time petty thefts (to Class B misdemeanor), while creating clear escalation paths for repeat offenders—potentially increasing felony exposures for serial shoplifters.
  • Courts must document and inform defendants about enhancement provisions at sentencing, which could affect plea negotiations and records.
  • Implementation will require prosecutors and courts to assess prior offenses within the specified look‑back windows (3 and 4 years) and to apply a preponderance standard at sentencing when the special classification is asserted after charging.

Compiled from official sources — confirm details with the bill’s official record.

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