Section 12.1-32-02.1 - Mandatory prison terms for armed offenders1. Notwithstanding any other provision of this title, a term of imprisonment must be imposed upon an offender and served without benefit of parole when: a. In the course of committing an offense, the offender inflicts or attempts to inflict bodily injury upon another, threatens or menaces another with imminent bodily injury with a dangerous weapon, explosive, destructive device, or firearm; orb. An offender prohibited from possessing a firearm under section 62.1-02-01 possesses a firearm while in the course of committing any felony offense under subsection 1, 3, or 7 of section 19-03.1-23.2. This requirement applies only when possession of a dangerous weapon, explosive, destructive device, or firearm has been charged and admitted or found to be true in the manner provided by law, and must be imposed as follows: a. If the offense for which the offender is convicted is a class AA, class A, or class B felony, the court shall impose a minimum sentence of four years' imprisonment.b. If the offense for which the offender is convicted is a class C felony, the court shall impose a minimum sentence of two years' imprisonment.3. This section applies even when being armed is an element of the offense for which the offender is convicted.4. This section applies even if the offender is prosecuted for a violation of section 62.1-02-01 for the same conduct.5. An offender serving a sentence subject to this section may be eligible to participate in a release program under section 12-48.1-02 during the last six months of the offender's sentence.Amended by S.L. 2023 , ch. 123( HB 1350 ), § 2, eff. 8/1/2023.Amended by S.L. 2019 , ch. 187( HB 1183 ), § 1, eff. 8/1/2019.Amended by S.L. 2017 , ch. 164( HB 1269 ), § 3, eff. 8/1/2017.Amended by S.L. 2015 , ch. 113( SB 2156 ), § 1, eff. 8/1/2015.Amended by S.L. 2011 , ch. 101( HB 1028 ), § 2, eff. 8/1/2011.