Quick answer
What this charge means
N.D.C.C. § 45-22-23 addresses secretary of state - powers - enforcement in North Dakota. The section includes infraction. The precise elements and exposure depend on the charged subsection, alleged facts, prior record, and any cross-referenced enhancement or exception.
- Statute
- N.D.C.C. § 45-22-23
- Classification
- Infraction
- Maximum statutory exposure
- Up to a $1,000 fine, subject to statutory repeat-offense rules.
- Official source checked
N.D.C.C. § 45-22-23 is the official North Dakota provision addressing secretary of state – powers – enforcement. A charge must be evaluated under the exact subsection cited in the complaint, because definitions, grading factors, exceptions, and prior-history rules can materially change the case.
What the official North Dakota law says
The current official publication includes the following relevant language. This excerpt is provided for orientation; use the source link to review the complete section and all cross-references.
or a resident partner or designated partner of a foreign limited liability partnership who fails or refuses within the time provided by this section to answer truthfully and fully every interrogatory propounded to that person by the secretary of state is guilty of an infraction. f. Any interrogatory propounded by the secretary of state and the answers are not open to public inspection under section 44-04-18. The secretary of state may not disclose any fact or information obtained from an interrogatory except to the extent permitted by law or required…
Read N.D.C.C. § 45-22-23 in the official North Dakota code.
What prosecutors generally must prove
The State carries the burden of proving every element of the charged subsection beyond a reasonable doubt with admissible evidence. The analysis normally begins with the identity of the accused, the prohibited act or omission, the required mental state, the statutory circumstances or status, venue, and any fact used to increase the degree or penalty.
For this category, the defense should specifically test the statutory relationship, identity and credibility, intent, fear, or bodily harm, and self-defense and conflicting accounts. The charging document and jury instructions—not a shortened police label—control the element-by-element review.
Classification and potential penalties
Classification appearing in this section: Infraction.
Up to a $1,000 fine, subject to statutory repeat-offense rules. Sentencing can also be affected by mandatory minimums, enhancements, consecutive-sentence rules, prior convictions, restitution, probation conditions, and offense-specific collateral provisions. The statutory maximum is not a prediction of the sentence in an individual case.
Defense issues to investigate
- The statutory relationship.
- Identity and credibility.
- Intent, fear, or bodily harm.
- Self-defense and conflicting accounts.
Other issues may include suppression of unlawfully obtained evidence, unreliable identification, missing context, inconsistent statements, proof of venue, statutory exceptions, and whether the alleged facts fit a different or lesser offense. No defense applies automatically.
Evidence to preserve now
- 911 and body-camera recordings.
- Messages and call logs.
- Photographs and medical records.
- Protective orders and release conditions.
Preserve originals without editing metadata. Do not contact an alleged victim or witness in violation of a court order, and do not ask anyone to coordinate an account. Give the material to counsel so preservation and investigation can be handled lawfully.
Consequences beyond the courtroom
Domestic-related allegations may trigger no-contact conditions, housing and parenting disruption, firearms restrictions, employment issues, and enhanced future exposure. Immigration, tribal, federal, licensing, and out-of-state consequences require separate analysis where applicable.
What to do after an accusation or arrest
- Do not discuss the facts with investigators, witnesses, on recorded jail calls, or on social media.
- Follow every release, protective, and no-contact condition even if another person invites contact.
- Save the complaint, citation, notices, messages, photographs, video, and potential-witness information.
- Identify the next court, license, protection-order, or administrative deadline.
- Get advice based on the exact statute, subsection, court, and known evidence.
Frequently asked questions
Is secretary of state – powers – enforcement always charged at the same level?
No. N.D.C.C. § 45-22-23 may contain more than one subdivision, grading factor, exception, or enhancement. The complaint and current code must be compared carefully.
Does the police report prove the charge?
No. A report records the investigation from the author’s perspective. The State still must prove every required element with admissible evidence, and the defense can test omissions, assumptions, credibility, procedure, and contrary evidence.
Can the charge affect me before trial?
Yes. Arrest, release conditions, licensing action, driving consequences, protective orders, employment decisions, or firearm restrictions may arise before the criminal case is resolved.
Why is the exact subsection important?
Different subsections can require different conduct, mental states, circumstances, defenses, and penalties. The title of an offense alone is not enough for reliable advice.
Official source and editorial standard
Source checked on 2026-08-29: official North Dakota statute publication. This page is general information, not legal advice, and should be rechecked whenever the legislature, courts, or official publisher updates the law.