North Dakota Code § 12.1-02-01

Basis of liability for offenses
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1. A person commits an offense only if the person engages in conduct, including an act, 
an omission, or possession, in violation of a statute which provides that the conduct is 
an offense.
2. A person who omits to perform an act does not commit an offense unless the person 
has a legal duty to perform the act, nor shall such an omission be an offense if the act 
is performed on the person's behalf by a person legally authorized to perform it.

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