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NORTH DAKOTA SEXUAL OFFENSES

Sex Crimes where the Victims are Minors

Statutory Rape / Child Molestation

  • 12.1-20-03 Gross Sexual Imposition Any person who engages in a sexual act with any person under 15. (Class AA Felony if defendant more than 5 years older than victim, Class A Felony if defendant 5 or less years older than victim); or, any person engages in sexual contact with a person less than 15 years old. (Class A Felony unless defendant is not more than 5 years older than victim then Class C Felony.)
  • 21.1-20-05 Corruption or Solicitation of Minor Any person 18+ who engages in or solicits a sexual act with any person at least 15 but under 18 years old. (Class A Misdo.); or, any person 18+ who solicits a person under 15 to engage in a sexual act; or, person 22+ engages in a sexual act with a person at least 15 but under 18 years old. (Class C Felony).
  • 12.1-20-07 Sexual Assault Any person who engages in sexual contact with person 15+ and where defendant is the victims parent or guardian. (Class C Felony); or, any person 22+ who engages in sexual contact with a person at least 15 but under 18 years old. (Class C Felony); or, any person at least 18, but less than 22 who engages in sexual contact with a person at least 15 but under 18. (Class A Misdo.).
  • Affirmative Defenses Where charge requires the victim to be under 15, no defense for mistake as to age. Where charge requires that victim be at least 15 but under 18 years old, it is a defense that defendant reasonably believed the victim to be 18+.

Other North Dakota State Statutes

 

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