12.1-13-02. Speculating or wagering on official action or information

12.1-13-02. Speculating or wagering on official action or information 1. An individual is guilty of a class A misdemeanor if during employment as a public servant, or within one year thereafter, in contemplation of official action by the individual as a public servant or by a government agency with which the individual is or has been associated as a public servant, or in reliance on information to which the individual has or had access only in the individual's capacity as a public servant, the individual: a. Acquires a pecuniary interest in any property, transaction, or enterprise which may be affected by the information or official action; b. Speculates or wagers on the basis of the information or official action; or c. Aids another individual to do any of the foregoing. 2. An individual is guilty of a class A misdemeanor if as a public servant the individual takes official action which is likely to benefit the individual as a result of an acquisition of a pecuniary interest in any property, transaction, or enterprise, or of a speculation or wager, which the individual made, or caused or aided another to make, in contemplation of the official action. 3. An individual is immune from prosecution under this section if: a. The individual was a member of the legislative assembly at the time the official action was taken; b. The official action was a vote on a measure in the senate or house of representatives or a legislative committee; and c. The individual adhered to legislative conflict of interest rules requiring an individual to disclose a personal or private interest to the member's respective chamber of the legislative assembly, a legislative committee, the president of the senate, or the speaker of the house.