Under Marsy’s Law, crime victims have certain rights and these rights impose additional obligations on criminal justice agencies.
- Note: There is nothing under Marsy’s Law that protects the name of a victim or the victim’s family. There are, however, limited exceptions under the open records law that would protect the identity of certain crime victims. For example, the identity of victims of domestic violence, sexual offenses, sexual performance of a child, or human trafficking are protected under N.D.C.C. § 44-04-18.20. Child victim names and identifying information, except if they relate to victims of traffic accidents or of a fire, are protected under N.D.C.C. § 12.1-35-03. Unless the victim falls into one of those categories, the victim’s name cannot be withheld.
A crime victim must be given a “Marsy’s Card” outlining his or her rights under Marsy’s Law. The Attorney General has approved an official “Marsy’s Card.” State and local criminal justice agencies shall use the official ND Marsy’s Card.
- ND Marsy’s Card
- This pdf file is designed for duplex printing (flip on the short edge) on a standard 8.5″ x 11″ sheet, and results in 2 Marsy’s Cards per sheet.
- ND Marsy’s Card (postcard)
- This pdf file is designed for duplex printing on a 4″ x 6″ postcard.
The Office of Attorney General is exploring funding options for local law enforcement agencies to offset the Marsy’s Card printing costs. This page will be updated if/when funding is available.
Guidance for Criminal Justice Agencies
The guidance has been prepared to provide assistance to state and local law enforcement officials, prosecuting attorneys (city attorneys and state’s attorneys) and correctional facilities. This guidance will be updated as necessary to cover court decisions or Attorney General Opinions.