North Dakota Sex Offenses and Why They Are Different

North Dakota classifies sex-related offenses among the most serious crimes in its criminal code. An important reason for this is the aftermath of suffering that most victims of sex crimes undergo. Many of them never recover from the physical or emotional damage that the incidents caused them. For this reason, the North Dakota Century Code defines sex crimes and allocates penalties in a manner that ensures that sex offenders face collateral damages for their actions. Although all sex crimes are punished severely, offenses committed against children are considered especially egregious and carry even harsher sanctions.

What is North Dakota Sex Crime?

Sex crimes generally comprise all sexual activity that violates North Dakota law. They encompass consensual acts that the law disallows, deviant sexual acts, and sexual violations, especially against children. North Dakota’s state definitions of sex crimes are in line with federal definitions and interpretations. Therefore, either of them may prosecute North Dakota sex crimes.

What are the Different Types of Sex Offenses?

A key consideration in grading sex offenses is the involvement of a child and the offender’s age relative to that of the child. For a 15-year-old victim, the criminality lies in whether the offender is at least three years older than the minor. However, all sexual offenses against children under  14 years of age are generally considered severe crimes. Below is a list of sex offenses in North Dakota:

• Sexual imposition: Engaging in sexual acts or contact with another under compulsion or as part of a process to become a member of a society or as a pledge. The law classifies THIS as a Class B felony.
• Gross sexual imposition: Engaging in a sexual act with another person either with the use of force, threats, impairing the consciousness of the victim, or taking advantage of the incapacitation of the victim. It is a Class A felony. If the victim dies, the penalty is life imprisonment without parole.
• Corruption of minors: Refers to attempts or actions to solicit another’s participation to engage in a sexual act or contact. If the victim is 15 years older, it is a Class A misdemeanor. If the offender is at least 22 years of age, it is a Class C felony.
• Enticing minors using a computer or other electronic means: all actions and attempts to lure a minor into some form of sexual activity or contact with the use of electronic devices are a Class A misdemeanor, provided the offender is less than 22 years of age. If older, the law interprets it as a Class C or B felony, depending on the adjoining issues. This felony would attract a prison term of at least one year or less if the offender did not take steps towards a physical meeting with the minor.
• Persistent sexual abuse of a child: Persistent abuse involves sexual activities or contact with a minor for three months or above. It is a Class A felony.
• Incest: It is a Class C felony in North Dakota when an individual engages in a sexual act with someone related to them.
• Sexual abuse of wards: It is a Class C felony when an individual engages in sexual activity with someone officially placed under their authority, permission, or care.
• Sexual assaults: All forms of sexual activity or contact with another person that is offensive. It features the offender as an opportunist taking advantage of the victim’s vulnerability, either by age, mental impairment, or subordinate position. Their definitions range from Class A misdemeanors to Class C felonies.
• Indecent exposure: Exposure of private parts in public comes under this category. The presence of minors or prior offenses escalates it to a Class C felony.
• Surreptitious intrusion involves all attempts and acts of invading another’s privacy with the aim of sexual gratification. They are Class A misdemeanors. Repeat offenses scale it up to a Class C felony.
• Fornication: Engaging in sexual activity in a public place is a Class B misdemeanor
• Adultery: sexual acts with a person other than a spouse
• Deviant sexual act: Performing a deviant sexual act for arousal or gratification is a Class A misdemeanor.

Sex Offender Levels of Classification in North Dakota

The North Dakota authorities assess a sex offender based on risk level. A committee set up by the Attorney General is generally responsible for this assessment. The committee uses psychological evaluations, actuarial risk assessment tools, and all supporting documentation in the offender’s past.

Below is a sex offender Classification for the state:

• Low-risk: low-risk offenders are usually persons who are first offenders with milder sex offenses. Low-risk offenders are typically required to register for 15 years, once every year, continuously from conviction or release from incarceration, whichever is later.
• Moderate risk: Offenders in this tier are actively monitored. Any subsequent sex offense may elevate them to the high-risk classification. They are typically required to remain on the registry for 25 years and report their information twice a year.
• High risk: refers to those who statistically are most likely to commit another sexual offense. High-risk offenders have previous records of sex offenses and other supporting behavior that show they could repeat it. High-risk offenders register for a lifetime, four times every year. Also, the following crimes attract a lifetime registration sentence:
• Repeat felony sexual offenders or offenders against children
• Gross sexual imposition involving a child victim or kidnapping
• Civil commitment as a sexually dangerous individual under the laws of the state or the Federal government

Note that reassessments go on regularly, which may lead to changes in risk levels assessment for sex offenders.

How Do I Find A Sex Offender Near Me in North Dakota?

Arrest reports in law enforcement agencies across North Dakota may contain information about persons arrested for sex offenses. However, these reports are not conclusive since some arrests never lead to charges or convictions. Visit the law enforcement agency in the area and request to look up the list of registered offenders. Most county sheriff departments have an electronic register that is accessible online. The electronic register usually provides a map that allows users to locate offender residences in their neighborhood.

North Dakota Sex Offender Registry

The North Dakota sex offender registry combines all city and county registers in one statewide central database. Anyone wishing to use it has access to all persons registered with the state. The Office of the Attorney General maintains the sex offender registry in North Dakota. A search for an offender typically yields comprehensive information and photos of high-risk offenders, but may not include images of moderate and low-risk offenders. Some juvenile sex offenders are not visible. For more information, visit the Attorney General’s Office in person or call 701 328–2210.

Records that are considered public may also be accessible from some third-party websites. These websites streamline the inquiry process since they aggregate records from various geographic locations and allow users to perform multi-record searches. To search using a third-party site, interested parties are typically expected to provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the document or person involved

These sites operate independently of government sources and are not sponsored by government agencies. Thus, the accuracy and validity of these records may not be guaranteed. 

What are the Sex Offender Restrictions in North Dakota?

All persons who have received a conviction for a registerable sex offense in North Dakota are expected to notify the law enforcement agency in the area within three days of arriving at a new location and ten days before changing residence, employment, or School. Incarcerated persons usually complete registration papers before their release. Homeless offenders are legally obligated to update details of their movement with the law enforcement agency where they are staying every 3 days.

North Dakota statutes do not typically restrict low-risk or moderate-risk sex offenders on where they live or work. However, high-risk offenders usually face restrictions, such as not being allowed to live within 500 feet of a public or non-public school until the 12th grade. However, a sex offender does not have permission to be on school property unless given a right of access by the school board or for other reasons, such as attending a public meeting or voting. Although the state does not encourage employers and landlords to discriminate against sex offenders, there are no anti-discrimination laws regarding sex offenders at the time of this writing.