1921 N.D. Laws 173
Abstract
Ch. 97, § 13: Provided, however, that if the evidence in such case convinces the court that the person convicted of transporting intoxicating liquors in violation of this Act, was in charge of and used any wagon, buggy, automobile, water or aircraft, or other vehicle or conveyance not owned by him, or without permission of the owner, or when such vehicle or conveyance so sued was mortgaged property, or if there be in or upon such conveyance so used or upon any person therein any firearms, or guns, he shall be deemed guilty of a felony, and be punished by imprisonment in the penitentiary not less than six months and not more than five years.
Summary
This statute establishes general penalties for violations of the act, classifying a first offense as a misdemeanor (punishable by fines and up to a year in county jail) and subsequent offenses as felonies (punishable by one to two years in the penitentiary), while excluding specific sections from these rules. It also imposes a severe felony penalty of six months to five years in the penitentiary for transporting intoxicating liquors under aggravated circumstances, such as using an unauthorized or mortgaged vehicle, or carrying firearms during the offense.
Law Text
§ 13. PENALTY.] Any person who shall within this state violate any of the provisions of this Act, (unless the penalty is elsewhere provided for) shall for the first offense be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not less than $200 nor more than $1,000, and be imprisoned in the county jail not less than ninety days nor more than one year; and for the second and every successive offense shall be deemed guilty of a felony and be punished by imprisonment in the penitentiary not exceeding two years and not less than one year. Provided, that the phrase "second offense" shall mean a conviction of any offense prohibited by this Act, and a subsequent conviction of violating any provision of this Act whether for the first time or not. This shall not apply to sections five, six, ten and eleven of this Act. Provided, however, that if the evidence in such case convinces the court that the person convicted of transporting intoxicating liquors was, in charge of and used any wagon, buggy, automobile, water or air craft, or other vehicle or conveyance not owned by him, or without permission of the owner, or when such vehicle or conveyance so used was mortgaged property, or if there be in or upon such conveyance so used or upon any person therein any firearms, or guns, he shall be deemed guilty of a felony, and be punished by imprisonment in the penitentiary not less than six months and not more than five years.
Description
Categories
CARRY, TRANSPORTATION