North Dakota Code § 2-03-10

Reckless operation - Operation while intoxicated - Tampering with aircraft -
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Misdemeanors - Penalties.
1. Any person who operates any aircraft within the airspace over, above, and upon the 
lands and waters of this state, carelessly and heedlessly in willful disregard of the 
rights or safety of others, or without due caution and circumspection in a manner so as 
to endanger or be likely to endanger any person or property, is guilty of a class A 
misdemeanor.
2. Whoever operates any aircraft in this state on land, water, or in the air while in an 
intoxicated condition or while under the influence of alcoholic beverages or any 
controlled substance, is guilty of a class A misdemeanor.
3. No person may act as a crew member of any aircraft or start an engine of any aircraft 
within eight hours after the consumption of any alcoholic beverage or while using any 
controlled substance that affects that person's faculties in any way contrary to safety. 
Anyone violating the provisions of this subsection is guilty of a class A misdemeanor.
4. No person may, without express or implied authority of the owner, operate, climb upon, 
enter, manipulate the controls or accessories of, set in motion, remove parts or 
contents therefrom, or otherwise tamper with any civil aircraft within this state with 
intent to injure the same or cause inconvenience to the owner or operator thereof, or 
knowingly cause or permit the same to be done. Any person who violates any of the 
provisions of this subsection is guilty of a class B misdemeanor.

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