12-65-07. Violation of compact - Penalty

12-65-07. Violation of compact - Penalty

An offender who is on parole or probation in another state, who is present in this state

without the permission of the compact administrator, and who does not leave this state within

seven days after being notified in writing by a law enforcement officer that the offender may not

remain in this state without the permission of the compact administrator is guilty of a class C

felony. Within twenty-four hours after a law enforcement officer has notified an offender that the

offender may not remain within the state without the permission of the compact administrator,

the law enforcement officer shall report the notification to the designated officer. An offender

who is on parole or probation in another state may not remain in this state without the

permission of the compact administrator. In a prosecution for an offense under this section, an

offender's good-faith belief that the offender received permission to be present in this state is an

affirmative defense if the offender acted in reasonable reliance upon the written statements of

an authorized officer of this state or the state in which the offender is on parole or probation.

This defense is not available to a person who remains present in this state after being notified in

writing by the compact administrator that the offender does not have permission to be present.