• 2007 - Criminal Facilitation (Substantial Assistance)
  • K-2.02
    • Criminal Facilitation
    • Introductory Instructions - Special Situations
    • Introductory Instructions - Special Situations

  • A person is guilty of Criminal Facilitation if that person knowingly provides substantial assistance to someone who intends to commit a felony and who actually commits the crime contemplated, or a like or related felony, employing the assistance provided. [The ready, lawful availability from others of any goods or services provided by a Defendant is a factor to be considered in determining whether the assistance was substantial.]

     

    [It is no defense to a prosecution for Criminal Facilitation that the person whose conduct the Defendant facilitated has been acquitted, has not been prosecuted or convicted, has been convicted of a different offense, is immune to prosecution, or is otherwise not subject to justice.]

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    • 12.1-06-02
    • State v. Keller, 2005 ND 86, 695 NW2d 703
    • State v. Langan, 410 NW2d 149 (ND 1987)
  • Notes: Criminal Facilitation does not apply to a person who is either expressly or by implication made not accountable by the statute defining the felony facilitated or related statutes. Facilitation of a class A felony is a class C felony. Facilitation of a class B or class C felony is a class A misdemeanor.