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Title 12.1
Criminal Code
12.1-20 Sex Offenses
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, 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 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 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.
12.1-20-06.1. 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.
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.
12.1-20-11. 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.
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.
Chapter
12.1-17
ASSAULTS-THREATS-COERCION-HARASSMENT
12.1-17-05. Menacing.
A person is guilty of a class A misdemeanor if he
knowingly places or attempts to place another human being in fear by menacing
him with imminent serious bodily injury.
12.1-17-06. Criminal
coercion.
1.
A person is guilty of a class A misdemeanor if, with intent to compel another
to engage in or refrain from conduct, he threatens to:
a.
Commit any crime;
b.
Accuse anyone of a crime;
c.
Expose a secret or publicize an asserted fact, whether true or false, tending
to subject any person, living or deceased, to hatred, contempt, or ridicule, or
to impair another's credit or business repute; or
d.
Take or withhold official action as a public servant or cause a public servant
to take or withhold official action.
2.
It is an affirmative defense to a prosecution under this section that the actor
believed, whether or not mistakenly:
a.
That the primary purpose of the threat was to cause the other to conduct
himself in his own best interest; or
b.
That a purpose of the threat was to cause the other to desist from misbehavior,
engage in behavior from which he could not lawfully abstain, make good a wrong
done by him, or refrain from taking any action or responsibility for which he
was disqualified.
1.
A person is guilty of an offense if, with intent to frighten or harass another,
the person:
a. Communicates in writing or by telephone a threat to inflict injury on any person, to any person's reputation, or to any property;
b.
Makes a telephone call anonymously or in offensively coarse language;
c.
Makes repeated telephone calls, whether or not a conversation ensues, with no
purpose of legitimate communication; or
d.
Communicates a falsehood in writing or by telephone and causes mental anguish.
2.
The offense is a class A misdemeanor if it is under subdivision a of subsection
1 or subsection 4. Otherwise it is a class B misdemeanor.
3.
Any offense defined herein and committed by use of a telephone may be deemed to
have been committed at either the place at which the telephone call or calls
were made or at the place where the telephone call or calls were received.
4.
A person who telephones a 911 emergency line with the intent to annoy or harass
another person or who makes a false 911 report is guilty of a class A
misdemeanor.
a.
Intent to annoy or harass is established by proof of one or more calls with no
legitimate 911 purpose.
b.
Upon conviction of a violation of this subsection, a person is also liable for
all costs incurred by any unnecessary emergency response.
5.
Any offense defined herein is deemed communicated in writing if it is
transmitted electronically, by electronic mail, facsimile, or other similar
means.
29-04
Limitations
CHAPTER 29-04
LIMITATIONS
29-04-01. Prosecution for
murder not limited.
There is no limitation of the time within which a prosecution for murder must be commenced. It may be commenced at any time after the death of the person killed.
29-04-02. Prosecution for
felony other than murder within three years.
Except as otherwise provided by law, a prosecution for any felony other than murder must be commenced within three years after its commission. Nothing in this section prevents a person prosecuted for murder from being found guilty of any included offense and punished accordingly.
29-04-02.1. Prosecution for
gross sexual imposition.
Except as otherwise provided by law, a prosecution for a violation of subdivision a of subsection 1 of section 12.1-20-03 must be commenced in the proper court within seven years after the commission of the offense.
29-04-03. Prosecution for
misdemeanor or infraction within two years.
A prosecution of a misdemeanor or infraction, except as otherwise provided by law, must be commenced within two years after its commission.
29-04-03.1. Prosecution for
sexual abuse of minors.
A prosecution for violation of sections 12.1-20-03 through 12.1-20-08 or of section 12.1-20-11 if the victim was under eighteen years of age at the time the offense was committed must be commenced in the proper court within seven years after the commission of the offense or, if the victim failed to report the offense within this limitation period, within three years after the offense was reported to law enforcement authorities.
29-04-03.2. Statute of
limitations as to child victim.
If the victim of a violation of chapter 12.1-20 is under the age of fifteen, the applicable period of limitation, if any, does not begin to run until the victim has reached the age of fifteen.
29-04-04. Time of defendant's
absence not part of limitation.
If, when a crime or public offense is committed, the defendant is out of the state, or if the defendant is within the state and subsequently leaves the state, the information may be filed, or the indictment found, within the time herein limited, after the defendant's return to the state. No time during which the defendant is not an inhabitant of, or usually resident within, this state is part of the limitation.
29-04-05. When action is
commenced.
An information is filed or an indictment found within the meaning of this chapter when it is presented, if an information, by the state's attorney or person appointed to prosecute, or, if an indictment, by the grand jury, in open court, and there received and filed, or if a complaint, when filed by a magistrate having jurisdiction to hear, try, and determine the action.
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Revised
12/06