North Dakota · Theft, burglary, robbery, fraud, and property

Making or Uttering Slugs in North Dakota

If you are facing Making or Uttering Slugs in North Dakota, the wording on the complaint does not tell the whole story. A careful review starts with the precise statutory provision, then connects each required element to the witnesses, records, testing, or other evidence the state intends to use. This guide explains that process and the consequences that may follow.

Primary authorityN.D.C.C. §§ 12.1-24-04, 12.1-24-05, and 12.1-32-01Research standardOfficial sources citedLast updatedNovember 4, 2026

North Dakota coin-machine and deception defense guide

Making or Uttering Slugs in North Dakota

North Dakota’s “making or uttering slugs” law uses an old-fashioned title, but it applies a precise current test. N.D.C.C. § 12.1-24-05 addresses an object capable of operating a coin machine as an improper but effective substitute for the genuine coin, bill, or token the machine was designed to accept. The State must prove that the accused made or “uttered” that object with intent to deprive the supplier of property or service, or knew that the conduct facilitated another person’s deprivation. It is not enough to show a strange object, a machine malfunction, possession near a vending device, or receipt of a low-cost item. The object, machine, act, intent or knowledge, supplier, property or service, and statutory substitution value each require proof. The grading line is also exact: slugs with a value exceeding $50 make the offense a class A misdemeanor; otherwise it is a class B misdemeanor.

Direct representation

You will work directly with me.

If you hire me, I identify the precise act the State calls making or uttering, inspect and test the object and machine evidence, calculate statutory value rather than accepting a loss estimate, and compare the count with theft, forgery, computer, or payment-device allegations. A short misdemeanor complaint can still contain technical and intent issues that deserve a careful review.

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Definitions control scope

A “slug” is defined by effective physical substitution

The object can be metal, paper, or another material. What matters is whether its size, shape, or some other quality makes it capable of being inserted, deposited, or otherwise used in the machine as an improper but effective substitute for a genuine coin, bill, or token. Appearance alone is not the test. An object can look nothing like money yet fit a mechanical validator. Another can resemble a bill but fail every functional test and therefore require a different theory.

“Capable” invites careful examination. The statute does not expressly require that a particular attempt successfully produce property or service, but it requires an object capable of effective substitution. Prosecutors may use a successful transaction, machine audit, video, exemplar testing, dimensions, weight, electromagnetic properties, material, or expert testimony. The defense should ask whether the tested machine was the same one, in the same condition and configuration, whether the test replicated the charged date, whether the object was altered after seizure, and whether the machine accepted it because of a defect rather than a substitute quality.

The machine must fit both parts of the definition

A “coin machine” includes a coin box, turnstile, vending machine, or other mechanical or electronic device or receptacle, but the broad examples do not erase two design requirements. First, it must be designed to receive a coin or bill of a particular denomination or a token made for the purpose. Second, in return for insertion or deposit, it must automatically offer, provide, assist in providing, or permit acquisition of property or a public or private service.

Traditional examples can include vending machines, coin laundries, parking meters, arcade machines, fare turnstiles, pay-operated equipment, token dispensers, or access devices—if their actual design and exchange fit the definition. A cash drawer operated manually by a person is not necessarily a coin machine. A contactless terminal designed only for account credentials may not be one merely because it is electronic. Hybrid machines should be evaluated by the payment pathway allegedly used.

“Utter” is much broader than inserting the object

Section 12.1-24-04 defines “utter” for chapter 12.1-24 as issuing, authenticating, transferring, publishing, selling, transmitting, presenting, using, or otherwise giving currency. Thus, the State may allege distribution or presentation even if the accused did not personally obtain the property. But the verb needs a factual act. Possession by itself is not listed in § 12.1-24-05, unlike other forgery provisions that expressly criminalize possession. Evidence that an object was found in a pocket, drawer, vehicle, or shared space must be connected to making or a particular uttering act and the required culpability.

01

Does the object qualify?

Test effective substitution, physical characteristics, condition, provenance, and the actual machine configuration.

02

Is it a statutory coin machine?

Identify what payment it was designed to receive and what property or service it automatically provided.

03

What act is attributed?

Separate making, transfer, sale, presentation, transmission, use, and mere possession.

04

What proves intent or knowledge?

Use complete communications, transaction records, tests, authorization, purpose, and conduct at the charged time.

From object to admissible proof

How I analyze a slug investigation

1. Define the State’s verb

“Made or uttered” is not one undifferentiated act. I ask whether the State alleges fabrication, alteration, sale, transfer, transmission, presentation, insertion, use, or another act of giving currency. Then I identify the evidence connecting that act to the accused: video, fingerprints, tools, design files, communications, witnesses, account records, admissions, or possession. A person who possesses an object after another used it may have a different case from the person who designed or presented it.

2. Preserve the object and machine

Functionality can change with wear, cleaning, maintenance, firmware, calibration, damage, or seizure handling. I seek preservation of the original objects and relevant machine, not only photographs. Measurements, materials, acceptance tests, reject rates, validator tolerances, and alternative objects should be documented through reproducible methods. A demonstration on a different model or newly repaired validator may not prove capability at the charged time.

3. Reconcile machine records with claimed loss

Inventory shortage, service use, transaction count, cash collection, error codes, and surveillance should be aligned on one timeline. A shortage may result from stocking error, theft unrelated to a slug, refunds, jams, mechanical failure, employee access, or record mismatch. A successful dispense can corroborate capability and deprivation, but the State still must identify the object and person and prove culpability.

4. Analyze intent and facilitation separately

Intent to deprive may be inferred from concealment, repeated use, testing, instructions, resale, statements, avoidance of payment, or benefits received. Knowledge of facilitating another may be inferred from design requests, warnings, marketing, instructions, repeated supply, or discussions of bypassing the validator. Those inferences must be tied to complete records. Making an object for art, repair, authorized security testing, machine calibration, demonstration, or an incompatible purpose may contradict culpability when supported by objective evidence.

5. Test statements and digital attribution

Searches may reach phones, printers, cutting tools, computers, online sales, payment platforms, or cloud accounts. I examine warrant scope, consent, account identity, shared access, metadata, time zones, deleted or synchronized files, and chain of custody. Interviews require attention to custody, Miranda, voluntariness, promises, recording completeness, technical misunderstanding, and whether officers supplied details adopted by the suspect.

6. Challenge unsupported expert conclusions

A machine technician may explain validator design; a forensic examiner may attribute files; a materials expert may compare objects. The witness’s qualifications, method, test conditions, error rate, documentation, and limits matter. Saying an object “could work” without testing or engineering support may not establish the statutory capability; a successful test without comparable conditions may not prove the charged object worked at the relevant time.

7. Apply discovery and authentication rules

Rule 16 governs specified disclosures, reports, tangible objects, examinations, and continuing duties. Rule 901 requires enough evidence to support a finding that an exhibit is what its proponent claims. Authentication of a video, log, object, or design file does not automatically establish authorship, intent, completeness, or accuracy. Those remain issues for objection, cross-examination, expert review, and the factfinder.

Questions that can change the result

Every definitional link can be contested

Was the object an improper but effective substitute?

An object that jams, damages, or randomly triggers a defective machine is not necessarily a substitute for the designated payment. Capability should be demonstrated reliably. The object’s condition, machine tolerance, validator defect, and intervening modifications matter. If no object was recovered, the State may rely on video or machine evidence, but the limits of that proof should be explicit.

Did the accused make or utter it?

Proximity and possession may support an inference but are not the prohibited verbs by themselves. Shared vehicles, workplaces, tool areas, accounts, and residences complicate attribution. The defense should isolate who handled the object, who accessed the machine, who controlled design or fabrication equipment, and whether another person had motive and opportunity.

Was there intent to deprive or knowing facilitation?

An authorized service technician, owner testing equipment, researcher, manufacturer, or person mistakenly using a similar token may lack the required culpability. Authorization must be real and within scope, and mistake must fit the evidence. Conversely, lack of actual loss does not necessarily defeat an offense if the prohibited act and intent are otherwise proved, so the defense must address the statute rather than focus only on whether merchandise was received.

Does the value cross $50?

The statutory calculation looks to genuine payment substitutes. Objects that do not qualify should be removed. Denominations should be proved. Exactly $50 is not “exceeding” $50. If acts or objects involve different dates or actors, aggregation should be legally and factually justified rather than assumed.

Is a different charge being confused with this one?

Forgery, facilitation of counterfeiting, deceptive writings, theft, criminal mischief, computer fraud, trespass, or payment-card conduct may be investigated alongside a slug count. Similar conduct does not make the elements identical. The defense should test notice, lesser-included offenses, multiplicity, double jeopardy, restitution, and whether one factual act is being repackaged into unsupported counts.

What to preserve immediately

  • The complaint, probable-cause statement, bond order, hearing notices, warrants, inventories, and property receipts.
  • Every alleged object in its original condition and packaging; photographs and measurements from seizure.
  • Machine make/model, validator, configuration, firmware, manuals, service records, transaction logs, collection records, and inventory data.
  • Surveillance footage, access logs, receipts, refunds, work orders, and contemporaneous witness information.
  • Phones, computers, design files, print or cutting records, sales listings, messages, and cloud data without alteration.
  • Authorization, employment, repair, research, testing, purchase, and ownership records that explain possession or use.

Do not destroy, alter, test, insert, sell, transfer, or recreate an alleged object after learning of an investigation. Preserve the original condition and obtain advice before consenting to additional searches or demonstrations.

How I would work up this charge

A lawyer’s file review of Making or Uttering Slugs in North Dakota

Most bad early advice comes from answering the charge label instead of reading the charging clause. I begin with the operative count and work outward: definitions, exceptions, enhancement facts, evidence, procedure, and only then possible outcomes.

Read the count as a set of propositions the State must prove

For Making or Uttering Slugs in North Dakota, the governing text begins with N.D.C.C. §§ 12.1-24-04, 12.1-24-05, and 12.1-32-01. That citation matters because a familiar charge name can contain several statutory routes, definitions, and sentencing rules. I read the exact count, the alleged date, and every incorporated definition before deciding which facts are material and which allegations are simply part of the narrative.

Next, I connect each material fact to evidence the prosecution can actually present. The source might be a witness, a recording, a certified record, laboratory work, device data, or an admissible inference—but it should be identifiable and testable. That approach shows whether the real dispute concerns what happened, how evidence was obtained, whether it is admissible, or whether it proves the required element at all.

The evidence I would ask for first

For Making or Uttering Slugs in North Dakota, I would not begin with a canned list of defenses. I would begin with the source file: ownership and authorization records, contracts, receipts, valuation material, surveillance video, access logs, account and device records, messages, witness interviews, inventory and loss calculations, restitution support, and the evidence offered to prove identity, intent, entry, possession, value, force, or lack of consent. A police summary can identify what an officer or witness says happened, but it cannot substitute for the recording, photograph, data, or document being summarized. The same is true of a complaint. It identifies the prosecution’s theory at the start of the case; it does not prove the theory.

I put those materials on one chronology. That lets me see what was known at each decision point, which account was contemporaneous, what appeared only after people spoke with one another, and where the record is silent. It also keeps an admissibility question separate from a factual one. A fact can be disputed even if the evidence was lawfully obtained. Evidence can also be accurate yet inadmissible for a particular purpose. Those are different arguments and should not be blurred together.

Read the charging document against the offense date

The alleged date matters because statutes, penalty thresholds, definitions, sentencing rules, and published decisions change. I save the version in force on that date and read the session-law history when the current online text is different. I also check whether a later amendment was merely clarifying or made a substantive change; that is a legal question, not an assumption. The same discipline applies to prior convictions and administrative events. A prior must fit the definition the charged statute actually uses, fall within any stated lookback period, and be proved by a reliable record.

I then compare the formal count with the probable-cause narrative and the discovery. If the prosecution’s theory shifts, I want the amended pleading and enough detail to prepare. If several factual alternatives are alleged, I identify whether they are separate elements, alternative means, enhancement facts, or merely evidentiary details. That distinction affects notice, motions, jury instructions, unanimity arguments, and how a verdict form should be read.

Separate an evidentiary weakness from a suppression issue

Not every troubling fact produces a motion to suppress. Suppression ordinarily requires a constitutional, statutory, or rule-based violation with a remedy that reaches the evidence at issue. A weak identification, an incomplete investigation, or a witness inconsistency may be powerful at trial without making evidence inadmissible. By contrast, a stop, search, interrogation, identification procedure, warrant, or test can raise a legal issue even when the resulting evidence appears incriminating. I analyze both tracks and do not promise dismissal simply because one problem exists.

For a search issue, I reconstruct what officers knew before each intrusion and what authority they claimed. For a statement, I examine custody, questioning, warnings, voluntariness, recording, and the complete context. For scientific or technical evidence, I request the method, underlying data, quality-control material, uncertainty information, and chain of custody. For hearsay or confrontation questions, I identify the actual statement, its purpose, the declarant, and the proposed foundation. Specificity matters; “the evidence is bad” is not a motion.

Prepare negotiation and trial at the same time

A plea decision should be compared with the case the State could present at trial, not with the complaint’s maximum penalty in isolation. I want to know the strongest admissible proof, the weakest required element, the realistic motion practice, the likely instructions, and the consequences of every proposed disposition. That includes custody, probation, treatment, restitution, driving, firearm restrictions, registration, employment or licensing, immigration consultation, family-court effects, and record consequences when they are actually triggered. I avoid telling a client that every collateral consequence applies to every conviction.

Trial preparation gives negotiation its credibility. Witness interviews, exhibit review, motions in limine, expert consultation, demonstrative evidence, jury instructions, and a clean theory of the case force both sides to confront what can be proved. Negotiation can continue while that work is underway. The two tracks are not opposites.

A case-law point worth keeping in its proper place

Appellate decisions matter, but a quotation should not be detached from the issue the court was deciding. In State v. Hartson, 2024 ND 78, ¶ 26, the North Dakota Supreme Court explained that, on a sufficiency challenge, “we do not weigh conflicting evidence, or judge the credibility of witnesses.” That is an appellate-review rule, not a reduction of the State’s burden at trial. At trial, the prosecution still must prove every element beyond a reasonable doubt. I cite the case for the point it actually decided and then return to the charged statute, the instructions, and the admissible evidence in the present file.

What I would want you to understand before choosing an outcome

You should be able to identify the exact charge, the facts that set its level, the disputed elements, the evidence that matters most, the motions that have a legal basis, the realistic trial issues, and the concrete effect of each proposed resolution. If an answer depends on a missing report, recording, expert opinion, or certified record, I will say so. An honest answer about what remains unknown is more useful than a confident guess.

Authorities and source verification

The alleged offense date controls. These sources were checked on October 16, 2026; current text, amendments, instructions, and later decisions should be rechecked before case-specific advice.

Legal information, not legal advice. This guide provides general information about North Dakota law. It does not create an attorney-client relationship. Case-specific advice begins only after the complete facts, alleged offense date, charging document, and conflicts are reviewed and representation is agreed upon.