A perpetrator assumes the risk of loss, injury, or death resulting from or arising
out of a course of criminal conduct involving a crime, as defined in this chapter,
engaged in by the perpetrator or an accomplice, as defined in section 12.1-03-01, and the crime victim is immune from and not liable for any damages as a result of
acts or omissions of the victim if the victim used reasonable force as authorized
in section 12.1-05-03 or 12.1-05-04. However, the perpetrator's assumption of risk does not eliminate the crime victim's
duty to protect against conditions upon the premises which the crime victim knows
or has reason to know may create an unreasonable risk of harm or which may cause a
foreseeable trespass by minors, nor does the assumption of risk apply to perpetrators
who are mentally incompetent or deficient.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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