Littering and open burning prohibited Defense in North Dakota

N.D.C.C. § 23.1-08-07 is the official North Dakota provision addressing littering and open burning prohibited. 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.

and that person is authorized to use the property for that purpose. 2. A person may not engage in the open burning of solid waste, unless the burning is conducted in accordance with rules adopted by the department. 3. A person violating this section is guilty of an infraction for which a minimum fine of two hundred dollars must be imposed, except if the litter discarded and abandoned amounted to more than one cubic foot [0.0283 cubic meter] in volume or if the litter consisted of furniture or a major…

Read N.D.C.C. § 23.1-08-07 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 ownership and authorization, identity and possession, intent to deprive or other required mental state, and value, loss, and degree. 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: Class B misdemeanor, Infraction.

This section contains multiple offense levels. Class B misdemeanor: Up to 30 days of imprisonment and/or a $1,500 fine for an individual. 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

• Ownership and authorization.
• Identity and possession.
• Intent to deprive or other required mental state.
• Value, loss, and degree.

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

• Receipts and ownership records.
• Surveillance and access logs.
• Messages and transaction history.
• Valuation and restitution documents.

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

Property convictions may carry restitution and can affect employment, licensing, housing, immigration, credibility, and future offense levels. Immigration, tribal, federal, licensing, and out-of-state consequences require separate analysis where applicable.

What to do after an accusation or arrest

1. Do not discuss the facts with investigators, witnesses, on recorded jail calls, or on social media.
2. Follow every release, protective, and no-contact condition even if another person invites contact.
3. Save the complaint, citation, notices, messages, photographs, video, and potential-witness information.
4. Identify the next court, license, protection-order, or administrative deadline.
5. Get advice based on the exact statute, subsection, court, and known evidence.

Frequently asked questions

Is littering and open burning prohibited always charged at the same level?

No. N.D.C.C. § 23.1-08-07 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.