§ 12.1-20-07 — Sexual assault

North Dakota § 12.1-20-07

• Jurisdiction: North Dakota
• Title 12.1: Criminal Code
• Ch. 12.1-20: Sex Offenses

Text

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. 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; or
b. 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 if the actor's conduct violates subdivision a of
subsection 1.