The following information was taken directly from the North Dakota state legislation website at http://www.legis.nd.gov/information/statutes/cent-code.html

CHAPTER 12.1-20

SEX OFFENSES

12.1-20-01. General provisions.
In sections 12.1-20-03 through12.1-20-08:

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, the actor is guilty of an offense only if the actor is at
least four years older than the minor.

12.1-20-02. Definitions.
In sections 12.1-20-03 through 12.1-20-12:

1. "Deviate sexual act" means any form of sexual contact with an animal, bird, or dead person.

2. "Object" means anything used in commission of a sexual act other than the person of the actor.

3. "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.

4. "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 satisfyingsexual 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 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; or

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.

3. 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 more than five years older than the victim at the time of the offense.

b. An offense under this section is a class C felony if the actor’s conduct violates subdivision d of subsection 1 or
subdivision a of subsection 2, and the actor was at least four but not more than five years older than the victim at the time of the offense.

c. Otherwise the offense is a class A felony.

4. 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 more than five years older than the victim at the time of the offense. The offense is a class C felony if the actor was at least four but not more than five years older than the victim at the time of the offense. 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 that would render a person of reasonable firmness 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.

12.1-20-05.1. Luring minors by computer.

An adult is guilty of luring minors by computer when:

1. 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 that allows the input, output, examination, or transfer of computer
data or computer programs from one computer to another to initiate or engage in such communication with a person the adult
believes to be a minor; and

2. 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.

3. A violation of this section is a class A misdemeanor, but if the adult is twenty-two years of age or older or the adult
reasonably believes the minor is under the age of fifteen, violation of this section is a class C felony.

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.

12.1-20-07. 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.

12.1-20-12. 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.