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Child Abuse and Neglect Laws

Child abuse and neglect is defined in Chapter 50-25.1 of the North Dakota century code. “It is the purpose of this chapter to protect the health and welfare of children by encouraging the reporting of children who are known to be or suspected of being abused or neglected; the providing of adequate services for the protection and treatment of abused and neglected children and to protect them from further harm; the identifying of the cause of children’s deaths, where possible; the identifying of those circumstances that contribute to children’s deaths; and the recommending of changes in policy, practices, and laws to prevent children’s deaths.” You can view the full text of the North Dakota century code on child abuse and neglect here.

Child Sexual Abuse Laws

In North Dakota, a person can be charged with a serious crime if he or she engages in a sexual act or sexual contact with a minor. The seriousness of the crime and the penalties are even greater if the minor is under 15 years of age.

This is what North Dakota considers a sexual act or sexual contact:

Sexual Act:

  • Intercourse
  • Oral sex
  • Anal sex
  • Use of an object
  • Digital penetration

Sexual Contact:

  • Touching of sexual or other intimate parts for the purpose of arousing or satisfying sexual or aggressive desires

Brief descriptions of North Dakota sex crimes are listed in the table below. You can view the full text of the North Dakota century code on sex crimes here.




Sex Offenses Under North Dakota Law
12.1-20-03 Gross Sexual Imposition Sexual Act:
Victim forced or threatened
Victim drug induced
Victim unaware
Victim DD
Victim <15
Sexual Contact:
Victim <15
Victim forced or threatened
Victim unaware
F
12.1-20-04 Sexual Imposition Rape by threat
Sexual act or contact as part of gang initiation
F
12.1-20-03.1 Continuous Sexual Abuse Combination of any 3 sexual acts or contacts during a period of 3 months, victim <15 F
12.1-20-05(2) Corruption of a Minor Sexual act with victim 15-17
Defendant >21
F
12.1-20-05(1) Corruption of a Minor Sexual act with victim 15-17 M
12.1-20-05(2) Solicitation of a Minor Solicits with intent to engage in a sexual act
Victim <15
F
12.1-20-05(1) Solicitation of a Minor Solicits with intent to engage in a sexual act
Victim 15-17
M
12.1-20-05.1 Luring Minors by Computer Electronic communication to solicit:
minor <15
minor 15-17 & adult is >21
F
12.1-20-05.1 Luring Minors by Computer Computer communication to solicit a minor 15-17 & adult is <22 M
12.1-20-06 Sexual Abuse of Wards Sexual act with a person in custody or detained in institution F
12.1-20-07 Sexual Assault Sexual contact:
Victim 15-17, adult is >21
F
12.1-20-07 Sexual Assault (a misdemeanor) Sexual contact:
Victim DD
Victim drug induced
Victim 15-17
Victim in custody or detained in institution
M
12.1-20-11 Incest Intermarrying, cohabiting, or engaging in a sexual act with a relative F
12.1-20-12.1 Indecent Exposure Exposing/masturbating enhanced for prior conviction or after registering F
12.1-20-12.1 Indecent Exposure Exposing/masturbating in public or in the presence of a minor M
12.1-20-12.2 Surreptitious Intrusion Peeping enhanced for prior conviction or after registering F
12.1-20-12.2 Surreptitious Intrusion Peeping M
12.1-27.2 Sexual Performance by Children Promoting, directing, or using a minor in a sexual performance F
12.1-27.2-04.1 Possession of certain materials prohibited Possession of child pornography F
When criminality depends on the victim being a minor age 15-17, the actor is guilty of an offense only if the actor is at least 3 years older than the minor.