2015 North Dakota Century Code Title 12.1 Criminal Code Chapter 12.1-20 Sex Offenses
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CHAPTER 12.1-20
SEX OFFENSES
12.1-20-01. General provisions.
In sections 12.1-20-03 through 12.1-20-08:
1. When the criminality of conduct depends on a child's being below the age of fifteen, it
is no defense that the actor did not know the child's age, or reasonably believed the
child to be older than fourteen.
2. When criminality depends on the victim being a minor, it is an affirmative defense that
the actor reasonably believed the victim to be an adult.
3. When criminality depends on the victim being a minor fifteen years of age or older, the
actor is guilty of an offense only if the actor is at least three years older than the minor.
12.1-20-02. Definitions.
In sections 12.1-20-03 through 12.1-20-12:
1. "Coercion" means to exploit fear or anxiety through intimidation, compulsion,
domination, or control with the intent to compel conduct or compliance.
2. "Deviate sexual act" means any form of sexual contact with an animal, bird, or dead
person.
3. "Object" means anything used in commission of a sexual act other than the person of
the actor.
4. "Sexual act" means sexual contact between human beings consisting of contact
between the penis and the vulva, the penis and the anus, the mouth and the penis, the
mouth and the vulva, or any other portion of the human body and the penis, anus, or
vulva; or the use of an object which comes in contact with the victim's anus, vulva, or
penis. For the purposes of this subsection, sexual contact between the penis and the
vulva, the penis and the anus, any other portion of the human body and the anus or
vulva, or an object and the anus, vulva, or penis of the victim, occurs upon penetration,
however slight. Emission is not required.
5. "Sexual contact" means any touching, whether or not through the clothing or other
covering, of the sexual or other intimate parts of the person, or the penile ejaculation
or ejaculate or emission of urine or feces upon any part of the person, for the purpose
of arousing or satisfying sexual or aggressive desires.
12.1-20-03. Gross sexual imposition - Penalty.
1. A person who engages in a sexual act with another, or who causes another to engage
in a sexual act, is guilty of an offense if:
a. That person compels the victim to submit by force or by threat of imminent death,
serious bodily injury, or kidnapping, to be inflicted on any human being;
b. That person or someone with that person's knowledge has substantially impaired
the victim's power to appraise or control the victim's conduct by administering or
employing without the victim's knowledge intoxicants, a controlled substance as
defined in chapter 19-03.1, or other means with intent to prevent resistance;
c. That person knows or has reasonable cause to believe that the victim is unaware
that a sexual act is being committed upon him or her;
d. The victim is less than fifteen years old; or
e. That person knows or has reasonable cause to believe that the other person
suffers from a mental disease or defect which renders him or her incapable of
understanding the nature of his or her conduct.
2. A person who engages in sexual contact with another, or who causes another to
engage in sexual contact, is guilty of an offense if:
a. The victim is less than fifteen years old;
b. That person compels the victim to submit by force or by threat of imminent death,
serious bodily injury, or kidnapping, to be inflicted on any human being; or
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c.
3.
4.
That person knows or has reasonable cause to believe that the victim is unaware
that sexual contact is being committed on the victim.
a. An offense under this section is a class AA felony if in the course of the offense
the actor inflicts serious bodily injury upon the victim, if the actor's conduct
violates subdivision a of subsection 1, or if the actor's conduct violates
subdivision d of subsection 1 and the actor was at least twenty-two years of age
at the time of the offense. For any conviction of a class AA felony under
subdivision a of subsection 1, the court shall impose a minimum sentence of
twenty years' imprisonment, with probation supervision to follow the incarceration.
The court may deviate from the mandatory sentence if the court finds that the
sentence would impose a manifest injustice and the defendant has accepted
responsibility for the crime or cooperated with law enforcement. However, a
defendant convicted of a class AA felony under this section may not be
sentenced to serve less than five years of incarceration.
b. Otherwise the offense is a class A felony.
If, as a result of injuries sustained during the course of an offense under this section,
the victim dies, the offense is a class AA felony, for which the maximum penalty of life
imprisonment without parole must be imposed.
12.1-20-03.1. Continuous sexual abuse of a child.
1. An individual in adult court is guilty of an offense if the individual engages in any
combination of three or more sexual acts or sexual contacts with a minor under the
age of fifteen years during a period of three or more months. The offense is a class AA
felony if the actor was at least twenty-two years of age at the time of the offense.
Otherwise, the offense is a class A felony. The court may not defer imposition of
sentence.
2. If more than three sexual acts or contacts are alleged, a jury must unanimously agree
that any combination of three or more acts or contacts occurred. The jury does not
need to unanimously agree which three acts or contacts occurred.
3. No other felony offense under this chapter involving the same victim may be charged
in the same proceeding with a charge under this section unless the other charged
offense occurred outside the time period charged under this section or the other
offense is charged in the alternative. A defendant may be charged with only one count
under this section, but a separate count may be charged for each victim if more than
one victim is involved.
12.1-20-04. Sexual imposition.
A person who engages in a sexual act or sexual contact with another, or who causes
another to engage in a sexual act or sexual contact, is guilty of a class B felony if the actor:
1. Compels the other person to submit by any threat or coercion that would render a
person reasonably incapable of resisting; or
2. Engages in a sexual act or sexual contact with another, whether consensual or not, as
part of an induction, initiation, ceremony, pledge, hazing, or qualification to become a
member or an associate of any criminal street gang as defined in section 12.1-06.2-01.
12.1-20-05. Corruption or solicitation of minors.
1. An adult who engages in, solicits with the intent to engage in, or causes another to
engage in a sexual act with a minor, is guilty of a class A misdemeanor if the victim is a
minor fifteen years of age or older.
2. An adult who solicits with the intent to engage in a sexual act with a minor under age
fifteen or engages in or causes another to engage in a sexual act when the adult is at
least twenty-two years of age and the victim is a minor fifteen years of age or older, is
guilty of a class C felony.
3. An adult who commits a violation of subsection 1 within fifty feet [15.24 meters] of or
on the real property comprising a public or nonpublic elementary, middle, or high
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school is guilty of a class C felony. An adult who commits a violation of subsection 2
within fifty feet [15.24 meters] of or on the real property comprising a public or
nonpublic elementary, middle, or high school is guilty of a class B felony.
12.1-20-05.1. Luring minors by computer or other electronic means.
1. An adult is guilty of luring minors by computer or other electronic means when:
a. The adult knows the character and content of a communication that, in whole or
in part, implicitly or explicitly discusses or depicts actual or simulated nudity,
sexual acts, sexual contact, sadomasochistic abuse, or other sexual
performances and uses any computer communication system or other electronic
means that allows the input, output, examination, or transfer of data or programs
from one computer or electronic device to another to initiate or engage in such
communication with a person the adult believes to be a minor; and
b. By means of that communication the adult importunes, invites, or induces a
person the adult believes to be a minor to engage in sexual acts or to have
sexual contact with the adult, or to engage in a sexual performance, obscene
sexual performance, or sexual conduct for the adult's benefit, satisfaction, lust,
passions, or sexual desires.
2. A violation of this section is a class A misdemeanor if the adult is less than twenty-two
years of age and reasonably believes the minor is age fifteen to seventeen. If the adult
is less than twenty-two years of age and reasonably believes the minor is under age
fifteen, or the adult is twenty-two years of age or older and the adult reasonably
believes the minor is age fifteen to seventeen, violation of this section is a class C
felony. If the adult is twenty-two years of age or older and the adult reasonably
believes the minor is under the age of fifteen, violation of this section is a class B
felony. The court shall sentence an adult convicted of a class B or class C felony under
this section to serve a term of imprisonment of at least one year, except the court may
sentence an individual to less than one year if the individual did not take a substantial
step toward meeting with the minor.
3. The attorney general may issue an administrative subpoena compelling an internet
service provider or cellular phone company to provide subscriber information to a law
enforcement agency investigating a possible violation of this section.
12.1-20-06. Sexual abuse of wards.
A person who engages in a sexual act with another person, or any person who causes
another to engage in a sexual act is guilty of a class C felony if the other person is in official
custody or detained in a hospital, prison, or other institution and the actor has supervisory or
disciplinary authority over the other person.
12.1-20-06.1. Sexual exploitation by therapist - Definitions - Penalty.
Any person who is or who holds oneself out to be a therapist and who intentionally has
sexual contact, as defined in section 12.1-20-02, with a patient or client during any treatment,
consultation, interview, or examination is guilty of a class C felony. Consent by the complainant
is not a defense under this section. A complaint of a violation of this section may be made to the
police department of the city in which the violation occurred, the sheriff of the county in which
the violation occurred, or the bureau of criminal investigation. Local law enforcement agencies
and the bureau of criminal investigation shall cooperate in investigations of violations of this
section. As used in this section, unless the context or subject matter otherwise requires:
1. "Psychotherapy" means the diagnosis or treatment of a mental or emotional condition,
including alcohol or drug addiction.
2. "Therapist" means a physician, psychologist, psychiatrist, social worker, nurse,
chemical dependency counselor, member of the clergy, or other person, whether
licensed or not by the state, who performs or purports to perform psychotherapy.
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12.1-20-07. Sexual assault.
1. A person who knowingly has sexual contact with another person, or who causes
another person to have sexual contact with that person, is guilty of an offense if:
a. That person knows or has reasonable cause to believe that the contact is
offensive to the other person;
b. That person knows or has reasonable cause to believe that the other person
suffers from a mental disease or defect which renders that other person
incapable of understanding the nature of that other person's conduct;
c. That person or someone with that person's knowledge has substantially impaired
the victim's power to appraise or control the victim's conduct, by administering or
employing without the victim's knowledge intoxicants, a controlled substance as
defined in chapter 19-03.1, or other means for the purpose of preventing
resistance;
d. The other person is in official custody or detained in a hospital, prison, or other
institution and the actor has supervisory or disciplinary authority over that other
person;
e. The other person is a minor, fifteen years of age or older, and the actor is the
other person's parent, guardian, or is otherwise responsible for general
supervision of the other person's welfare; or
f. The other person is a minor, fifteen years of age or older, and the actor is an
adult.
2. The offense is a class C felony if the actor's conduct violates subdivision b, c, d, or e of
subsection 1, or subdivision f of subsection 1 if the adult is at least twenty-two years of
age, a class A misdemeanor if the actor's conduct violates subdivision f of
subsection 1 if the adult is at least eighteen years of age and not twenty-two years of
age or older, or a class B misdemeanor if the actor's conduct violates subdivision a of
subsection 1.
12.1-20-08. Fornication.
An individual is guilty of a class A misdemeanor if the individual engages in a sexual act in a
public place. A minor engaging in a sexual act is guilty of a class B misdemeanor, unless that
sexual act was committed against the minor in violation of sections 12.1-20-01 through
12.1-20-07.
12.1-20-09. Adultery.
1. A married person is guilty of a class A misdemeanor if he or she engages in a sexual
act with another person who is not his or her spouse.
2. No prosecution shall be instituted under this section except on the complaint of the
spouse of the alleged offender, and the prosecution shall not be commenced later than
one year from commission of the offense.
3. The court shall grant immunity from prosecution under this section to a person subject
to prosecution under this section who, as part of a divorce, annulment, or separation
proceeding, provides information regarding sexual acts with another person.
12.1-20-10. Unlawful cohabitation.
Repealed by S.L. 2007, ch. 131, § 4.
12.1-20-11. Incest.
A person who intermarries, cohabits, or engages in a sexual act with another person related
to him within a degree of consanguinity within which marriages are declared incestuous and
void by section 14-03-03, knowing such other person to be within said degree of relationship, is
guilty of a class C felony.
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12.1-20-12. Deviate sexual act.
A person who performs a deviate sexual act with the intent to arouse or gratify his sexual
desire is guilty of a class A misdemeanor.
12.1-20-12.1. Indecent exposure.
1. A person, with intent to arouse, appeal to, or gratify that person's lust, passions, or
sexual desires, is guilty of a class A misdemeanor if that person:
a. Masturbates in a public place or in the presence of a minor; or
b. Exposes one's penis, vulva, or anus in a public place or to a minor in a public or
private place.
2. A person is guilty of a class C felony if the person violates subsection 1 after a
previous conviction for violating subsection 1, after a previous conviction for violating
section 12.1-20-12.2, or after being required to register under section 12.1-32-15.
3. A person who commits a violation of subsection 1 within fifty feet [15.24 meters] of or
on the real property comprising a public or nonpublic elementary, middle, or high
school is guilty of a class C felony. A person who commits a violation of subsection 2
within fifty feet [15.24 meters] of or on the real property comprising a public or
nonpublic elementary, middle, or high school is guilty of a class B felony.
4. The act of a woman discreetly breastfeeding her child is not a violation of this section.
12.1-20-12.2. Surreptitious intrusion.
1. An individual, with the intent to arouse, appeal to, or gratify that individual's lust,
passions, or sexual desires, is guilty of a class A misdemeanor if that individual does
any of the following:
a. With intent to intrude upon or interfere with the privacy of another, enters upon
another's property and surreptitiously gazes, stares, or peeps into a house or
place of dwelling of another.
b. With intent to intrude upon or interfere with the privacy of another, enters upon
another's property and surreptitiously installs or uses any device for observing,
photographing, recording, amplifying, or broadcasting sounds or events from a
house or place of dwelling of another.
c. With intent to intrude upon or interfere with the privacy of the occupant,
surreptitiously gazes, stares, or peeps into a tanning booth, a sleeping room in a
hotel, or other place where a reasonable individual would have an expectation of
privacy and has exposed or is likely to expose that individual's intimate parts or
has removed the clothing covering the immediate area of the intimate parts.
d. With intent to intrude upon or interfere with the privacy of the occupant,
surreptitiously installs or uses any device for observing, photographing, recording,
amplifying, or broadcasting sounds or events from a tanning booth, a sleeping
room in a hotel, or other place where a reasonable individual would have an
expectation of privacy and has exposed or is likely to expose that individual's
intimate parts or has removed the clothing covering the immediate area of the
intimate parts.
2. A person is guilty of a class C felony if the person violates subsection 1 after a
previous conviction for violating subsection 1, after a previous conviction for violating
section 12.1-20-12.1, or after being required to register under section 12.1-32-15.
12.1-20-13. Bigamy.
1. A person who marries another person, while married to another person, is guilty of a
class C felony.
2. Subsection 1 does not extend to:
a. A person whose spouse has been absent for five successive years and is
believed by him or her to be dead.
b. A person whose spouse has voluntarily absented himself and has continually
remained without the United States for the space of five successive years.
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c.
A person whose former marriage has been pronounced void, null, or dissolved by
the judgment of a competent court.
12.1-20-14. Admissibility of evidence concerning reputation of complaining witness Gross sexual imposition and sexual imposition.
Superseded by N.D.R.Ev. 412.
12.1-20-15. Credibility of complaining witness attacked - Procedure.
Superseded by N.D.R.Ev. 412.
12.1-20-15.1. Admissibility of evidence of victim's manner of dress in sex offense
cases.
Superseded by N.D.R.Ev. 412.
12.1-20-16. Appointment of a guardian ad litem in prosecution for sex offenses.
A minor or a person with a developmental disability who is a material or prosecuting witness
in a criminal proceeding involving an act in violation of sections 12.1-20-01 through 12.1-20-08,
or section 12.1-20-11 may, at the discretion of the district court, have the witness' interests
represented by a guardian ad litem at all stages of the proceedings arising from the violation.
The appointment may be made upon the order of the court on its own motion or at the request
of a party to the action. The guardian ad litem may, but need not, be a licensed attorney and
must be designated by the court after due consideration is given to the desires and needs of the
minor or the person with a developmental disability. A person who is also a material witness or
prosecuting witness in the same proceeding may not be designated guardian ad litem. The
guardian ad litem must receive notice of and may attend all depositions, hearings, and trial
proceedings to support the minor or the person with a developmental disability and advocate for
the protection of the minor or the person with a developmental disability but may not separately
introduce evidence or directly examine or cross-examine witnesses. The expenses of the
guardian ad litem, when approved by the judge, must be paid by the supreme court. The state
shall also pay the expenses of the guardian ad litem in commitment proceedings held in district
court pursuant to chapter 25-03.1.
12.1-20-17. Transfer of body fluid that may contain the human immunodeficiency
virus - Definitions - Defenses - Penalty.
1. As used in this section, unless the context otherwise requires:
a. "Body fluid" means semen, irrespective of the presence of spermatozoa; blood; or
vaginal secretion.
b. "Transfer" means to engage in sexual activity by genital-genital contact,
oral-genital contact, or anal-genital contact, or to permit the reuse of a
hypodermic syringe, needle, or similar device without sterilization.
2. A person who, knowing that that person is or has been afflicted with acquired immune
deficiency syndrome, afflicted with acquired immune deficiency syndrome related
complexes, or infected with the human immunodeficiency virus, willfully transfers any
of that person's body fluid to another person is guilty of a class A felony.
3. It is an affirmative defense to a prosecution under this section that if the transfer was
by sexual activity, the sexual activity took place between consenting adults after full
disclosure of the risk of such activity and with the use of an appropriate prophylactic
device.
12.1-20-18. Definitions.
Repealed by S.L. 1993, ch. 129, § 5.
12.1-20-19. Release of sexual offender from place of confinement - Duties of official in
charge.
Repealed by S.L. 1993, ch. 129, § 5.
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12.1-20-20. Duty to register.
Repealed by S.L. 1993, ch. 129, § 5.
12.1-20-21. Change of address - Duty to inform.
Repealed by S.L. 1993, ch. 129, § 5.
12.1-20-22. Duration of registration.
Repealed by S.L. 1993, ch. 129, § 5.
12.1-20-23. Penalty.
Repealed by S.L. 1993, ch. 129, § 5.
12.1-20-24. Facilitation of sexual acts in public.
1. As used in this section:
a. "Adult entertainment center" means any commercial facility at which motion
pictures or videos that include explicit representations of sexual conduct are
offered for viewing at that facility, but does not include the guest rooms of a hotel
or motel.
b. "Sexual act" has the meaning prescribed in section 12.1-20-02.
c. "Sexual conduct" has the meaning prescribed in section 12.1-27.1-01.
2. It is an infraction for a person to willfully own, rent, lease, manage, or exercise control
of any portion of an adult entertainment center if that portion contains:
a. Any partition between subdivisions of a room or area that has an opening that
facilitates a sexual act between individuals on either side of the partition; or
b. A room, booth, stall, or partitioned portion of a room offered to individuals for a
fee as an incident to viewing a video, motion picture, or similar entertainment,
unless the room, booth, stall, or partitioned portion of the room has:
(1) At least one side open to an adjacent public space so that the area inside is
visible to individuals in the adjacent public space; and
(2) The viewing area is lighted in a manner that the persons in that area are
visible from the adjacent public space.
3. This section does not apply to an enclosure that is a private office space used by the
owner, manager, or employees of the adult entertainment center if that office space is
not held out or available to the public for the purpose of viewing a video, motion
picture, or similar entertainment for a fee.
4. The state department of health or the state's attorney having jurisdiction may bring an
action to enjoin a pattern of violations of this section.
12.1-20-25. Sexual offender presence near schools prohibited.
1. Except for purposes of voting in a school building used as a public polling place or
attending an open meeting under chapter 44-04 in a school building, a sexual offender,
as defined in section 12.1-32-15, who has pled guilty or been found guilty of or has
been adjudicated delinquent of a class A misdemeanor or felony sexual offense
against a minor or is required to register under section 12.1-32-15 or equivalent law of
another state may not knowingly enter upon the real property comprising a public or
nonpublic elementary, middle, or high school unless provided by this section or
allowed on school property through compliance with a written policy adopted by the
school board of a public school or governing body of a nonpublic school. The school
board or governing body shall provide a copy of the policy to local law enforcement
upon request.
2. If a school board or a governing body does not have a written policy on sexual
offenders on school property, subsection 1 does not apply under the following
circumstances:
a. The offender is a parent or guardian of a student attending the school and the
offender, with the written permission of the school board or governing body of the
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3.
school, or designee of the board or body, is attending a conference at the school
with school personnel to discuss the progress of the student academically or
socially, participating in a child review conference in which evaluation and
placement decisions may be made regarding special education services, or
attending a conference to discuss other student issues, including retention and
promotion.
b. The offender is a parent, guardian, or relative of a student attending or
participating in a function at the school and the offender has requested advance
permission from the school board or governing body, or designee of the board or
body, and received permission allowing the offender's presence at the school
function.
c. The offender is a student at the school with the written permission of the school
board or governing body, or designee of the board or body.
d. The school board or governing body, or designee of the board or body, allows the
offender on school property under other circumstances on a case-by-case basis.
An individual who violates this section is guilty of a class A misdemeanor.
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