N.D. Cent. Code § 12.1-17-03

An individual is guilty of an offense if the individual creates a substantial risk of serious bodily injury or death to another. The offense is a class B felony if the individual uses a firearm. The offense is a class C felony if the circumstances manifest the individual's extreme indifference to the value of human life. Otherwise it is a class A misdemeanor. There is risk within the meaning of this section if the potential for harm exists, whether or not a particular person's safety is actually jeopardized.