§ 12.1-32-15 — Offenders against children and sexual offenders - Sexually violent predators - Registration requirement - Penalty

North Dakota § 12.1-32-15

• Jurisdiction: North Dakota
• Title 12.1: Criminal Code
• Ch. 12.1-32: Penalties and Sentencing

Text

predators - Registration requirement - Penalty.
1. As used in this section:
a. "A crime against a child" means a violation of chapter 12.1-16, section
12.1-17-01.1 if the victim is under the age of twelve, 12.1-17-02, 12.1-17-04,
subdivision a of subsection 6 of section 12.1-17-07.1, section 12.1-18-01,
12.1-18-02, 12.1-18-05, chapter 12.1-29, or section 14-09-22, subsection 3 of
section 12.1-41-02, subsection 3 of section 12.1-41-03, or an equivalent offense
from another court in the United States, a tribal court, or court of another country,
in which the victim is a minor or is otherwise of the age required for the act to be
a crime or an attempt or conspiracy to commit these offenses.
b. "Department" means the department of corrections and rehabilitation.
c. "Homeless" means an individual who is physically present in this state, but is
living in a park, under a bridge, on the streets, in a vehicle or camper, or is
otherwise without a traditional dwelling, and also one who resides in this state but
does not maintain a permanent address. The term does not include individuals
who are temporarily domiciled or individuals residing in public or private shelters
that provide temporary living accommodations.
d. "Mental abnormality" means a congenital or acquired condition of an individual
that affects the emotional or volitional capacity of the individual in a manner that
predisposes that individual to the commission of criminal sexual acts to a degree
that makes the individual a menace to the health and safety of other individuals.
e. "Predatory" means an act directed at a stranger or at an individual with whom a
relationship has been established or promoted for the primary purpose of
victimization.
f. "Reside" means to live permanently or be situated for a considerable time in a
home or a particular place.
g. "Sexual offender" means a person who has pled guilty to or been found guilty,
including juvenile delinquent adjudications, of a violation of section 12.1-20-03,
12.1-20-03.1, 12.1-20-04, 12.1-20-05, 12.1-20-05.1, 12.1-20-06, 12.1-20-06.1,
12.1-20-07 except for subdivision a of subsection 1, 12.1-20-11, 12.1-20-12.1,
12.1-20-12.2, 12.1-20-12.3 except for subdivision a of subsection 1 and
subdivision b of subsection 1 if the offense involves only a demand for money,
chapter 12.1-27.2, subdivision b of subsection 1 of section 12.1-41-02, section
12.1-41-04, 12.1-41-05, or 12.1-41-06, or an equivalent offense from another
court in the United States, a tribal court, or court of another country, or an attempt
or conspiracy to commit these offenses.
h. "Sexually dangerous individual" means an individual who meets the definition
specified in section 25-03.3-01.
i. "Temporarily domiciled" means staying or being physically present in this state for
more than thirty days in a calendar year or at a location for longer than ten
consecutive days, attending school for longer than ten days, or maintaining
employment in the jurisdiction for longer than ten days, regardless of the state of
the residence.
2. The court shall impose, in addition to any penalty provided by law, a requirement that
the individual register, within three days of coming into a county in which the individual
resides, is homeless, or within the period identified in this section that the individual
becomes temporarily domiciled. The individual must register with the chief of police of
the city of the individual's place of residence, or the sheriff of the county if the
individual resides in an area other than a city. A homeless individual shall register
every three days with the sheriff or chief of police of the jurisdiction in which the
individual is physically present. The court shall require an individual to register by
stating this requirement on the court records, if that individual:
a. Has pled guilty or nolo contendere to, or been found guilty as a felonious sexual
offender or an attempted felonious sexual offender.

b. Has pled guilty or nolo contendere to, or been found guilty as a sexual offender
for, a misdemeanor or attempted misdemeanor. The court may deviate from
requiring an individual to register if the court first finds the individual is no more
than three years older than the victim if the victim is a minor, the individual has
not previously been convicted as a sexual offender or of a crime against a child,
and the individual did not exhibit mental abnormality or predatory conduct in the
commission of the offense.
c. Has pled guilty or nolo contendere to, or been found guilty of, a crime against a
child or an attempted crime against a child. Except if the offense is described in
section 12.1-29-02, or section 12.1-18-01 or 12.1-18-02 and the person is not the
parent of the victim, the court may deviate from requiring an individual to register
if the court first finds the individual has not previously been convicted as a sexual
offender or for a crime against a child, and the individual did not exhibit mental
abnormality or predatory conduct in the commission of the offense.
d. Has pled guilty or nolo contendere or been found guilty of any crime against
another individual which is not otherwise specified in this section if the court
determines that registration is warranted by the nature of the crime and therefore
orders registration for the individual. If the court orders an individual to register as
an offender under this section, the individual shall comply with all of the
registration requirements in this chapter.
e. Is a child who has been adjudicated delinquent of an offense which would classify
the child as a sexual offender, the prosecutor requested the court to consider
sexual offender registration, and the court determines the child:
(1) Exhibited a mental abnormality or predatory conduct in the commission of
the offense; or
(2) Previously has been adjudicated as a sexual offender.
3. If a court has not ordered an individual to register in this state, an individual who
resides, is homeless, or is temporarily domiciled in this state shall register if the
individual:
a. Is incarcerated or is on probation or parole after July 31, 1995, for a crime against
a child described in section 12.1-29-02, or section 12.1-18-01 or 12.1-18-02 if the
individual was not the parent of the victim, or as a sexual offender;
b. Has pled guilty or nolo contendere to, or has been found guilty of, an offense in a
court of this state for which registration is mandatory under this section or an
offense from another court in the United States, a tribal court, or court of another
country equivalent to those offenses set forth in this section; or
c. Has pled guilty or nolo contendere to, or has been found guilty of, a crime against
a child or as a sexual offender for which registration is mandatory under this
section if the conviction occurred after July 31, 1985.
4. In its consideration of mental abnormality or predatory conduct, the court shall
consider the age of the offender, the age of the victim, the difference in ages of the
victim and offender, the circumstances and motive of the crime, the relationship of the
victim and offender, and the mental state of the offender. The court may order an
offender to be evaluated by a qualified counselor, psychologist, or physician before
sentencing. Except as provided under subdivision d of subsection 2, the court may
state on the record in open court its affirmative finding for not requiring an offender to
register.
5. When an individual is required to register under this section, the official in charge of a
facility or institution where the individual required to register is confined, or the
department, shall, before the discharge, parole, or release of that individual, inform the
individual of the duty to register pursuant to this section. The official or the department
shall require the individual to read and sign a form as required by the attorney general,
stating that the duty of the individual to register has been explained to that individual.
The official in charge of the place of confinement, or the department, shall obtain the
address where the individual expects to reside, attend school, or work upon discharge,
parole, or release and shall report the address to the attorney general. The official in

charge of the place of confinement, or the department, shall give three copies of the
form to the individual and shall send three copies to the attorney general no later than
forty-five days before the scheduled release of that individual. The attorney general
shall forward one copy to the law enforcement agency having jurisdiction where the
individual expects to reside, attend school, or work upon discharge, parole, or release,
one copy to the prosecutor who prosecuted the individual, and one copy to the court in
which the individual was prosecuted. All forms must be transmitted and received by
the law enforcement agency, prosecutor, and court thirty days before the discharge,
parole, or release of the individual.
6. An individual who is required to register pursuant to this section who is released on
probation or discharged upon payment of a fine must, before the release or discharge,
be informed of the duty to register under this section by the court in which that
individual is convicted. The court shall require the individual to read and sign a form as
required by the attorney general, stating that the duty of the individual to register under
this section has been explained to that individual. The court shall obtain the address
where the individual expects to reside, attend school, or work upon release or
discharge and shall report the address to the attorney general within three days. The
court shall give one copy of the form to the individual and shall send two copies to the
attorney general. The attorney general shall forward one copy to the appropriate law
enforcement agency having jurisdiction where the individual expects to reside, attend
school, or work upon discharge, parole, or release.
7. Registration consists of a written or electronic statement signed by the individual,
giving the information required by the attorney general, and the biometric data and
photograph of the individual. An individual who is not required to provide a sample of
blood and other body fluids under section 31-13-03 or by the individual's state or court
of conviction or adjudication shall submit a sample of blood and other body fluids for
inclusion in a centralized database of DNA identification records under section
31-13-05. The collection, submission, testing and analysis of, and records produced
from, samples of blood and other body fluids, are subject to chapter 31-13. Evidence
of the DNA profile comparison is admissible in accordance with section 31-13-02. A
report of the DNA analysis certified by the state crime laboratory is admissible in
accordance with section 31-13-05. A district court shall order an individual who refuses
to submit a sample of blood or other body fluids for registration purposes to show
cause at a specified time and place why the individual should not be required to submit
the sample required under this subsection. Within three days after registration, the
registering law enforcement agency shall forward the statement, biometric data, and
photograph to the attorney general and shall submit the sample of the individual's
blood and body fluids to the state crime laboratory. If an individual required to register
under this section has a change in vehicle or computer online identity, the individual
shall register, within three days after the change, with the law enforcement agency
having local jurisdiction of the individual's place of residence of the individual's new
vehicle or computer online identity. If an individual required to register pursuant to this
section has a change in name, school, or residence or employment address, that
individual shall register, at least ten days before the change, with the law enforcement
agency having local jurisdiction of the individual's place of residence of the individual's
new name, school, residence address, or employment address. A change in school or
employment address includes the termination of school or employment for which an
individual required to register under this section, the individual shall register within
three days of the termination with the law enforcement agency having local jurisdiction
of the individual's place of residence. The law enforcement agency, within three days
after receipt of the information, shall forward it to the attorney general. The attorney
general shall forward the appropriate registration data to the law enforcement agency
having local jurisdiction of the new place of residence, school, or employment. Upon a
change of address, the individual required to register also shall register within three
days at the law enforcement agency having local jurisdiction of the new place of
residence. If an individual required to register in North Dakota, including in a tribal

registry, resides in another state or on tribal lands, that individual shall register
employment and school addresses and any changes in required registration
information with the law enforcement agency having local jurisdiction over the school
or employment address. The individual registering under this section shall periodically
confirm the information required under this subsection in a manner and at an interval
determined by the attorney general. A law enforcement agency that has previously
registered an offender may omit the biometric data portion of the registration if that
agency has a set of biometric data on file for that individual and is personally familiar
with and can visually identify the offender. These provisions also apply in any other
state that requires registration.
8. An individual required to register under this section shall comply with the registration
requirement for the longer of the following periods:
a. A period of fifteen years after the date of sentence or order deferring or
suspending sentence upon a plea or finding of guilt or after release from
incarceration, whichever is later;
b. A period of twenty-five years after the date of sentence or order deferring or
suspending sentence upon a plea or finding of guilt or after release from
incarceration, whichever is later, if the offender is assigned a moderate risk by the
attorney general as provided in subsection 12; or
c. For the life of the individual, if that individual:
(1) On two or more occasions has pled guilty or nolo contendere to, or been
found guilty of a crime against a child or as a sexual offender. If all qualifying
offenses are misdemeanors, this lifetime provision does not apply unless a
qualifying offense was committed after August 1, 1999;
(2) Pleads guilty or nolo contendere to, or is found guilty of, an offense
committed after August 1, 1999, which is described in subdivision a of
subsection 1 of section 12.1-20-03, section 12.1-20-03.1, or subdivision d of
subsection 1 of section 12.1-20-03 if the person is an adult and the victim is
under age twelve, or section 12.1-18-01 if that individual is an adult other
than a parent of the victim, or an equivalent offense from another court in
the United States, a tribal court, or court of another country; or
(3) Is assigned a high risk by the attorney general as provided in subsection 12.
9. An individual required to register under this section who violates this section is guilty of
a class C felony. The failure of a homeless individual to register as required in
subsections 2 and 3 is prima facie evidence of a violation of this section. The clerk of
court shall forward all warrants issued for a violation of this section to the county
sheriff, who shall enter all such warrants into the national crime information center
wanted person file. A court may not relieve an individual, other than a juvenile, who
violates this section from serving a term of at least ninety days in jail and completing
probation of one year.
10. When an individual is released on parole or probation and is required to register
pursuant to this section, but fails to do so within the time prescribed, the court shall
order the probation, or the parole board shall order the parole, of the individual
revoked.
11. If an individual required to register pursuant to this section is temporarily sent outside
the facility or institution where that individual is confined under conviction or sentence,
the local law enforcement agency having jurisdiction over the place where that
individual is being sent must be notified within a reasonable time period before that
individual is released from the facility or institution. This subsection does not apply to
any individual temporarily released under guard from the facility or institution in which
that individual is confined.
12. The attorney general, with the assistance of the department and the juvenile courts,
shall develop guidelines for the risk assessment of sexual offenders who are required
to register, with a low-risk, moderate-risk, or high-risk level being assigned to each
offender as follows:

a. The department shall conduct a risk assessment of sexual offenders who are
incarcerated in institutions under the control of the department and sexual
offenders who are on supervised probation. The department, in a timely manner,
shall provide the attorney general any information, including the offender's level of
risk and supporting documentation, concerning individuals required to be
registered under this section who are about to be released or placed into the
community.
b. The attorney general shall conduct a risk assessment of sexual offenders who
are not under the custody or supervision of the department. The attorney general
may adopt a law enforcement agency's previous assignment of risk level for an
individual if the assessment was conducted in a manner substantially similar to
the guidelines developed under this subsection.
c. The juvenile courts or the agency having legal custody of a juvenile shall conduct
a risk assessment of juvenile sexual offenders who are required to register under
this section. The juvenile courts or the agency having legal custody of a juvenile
shall provide the attorney general any information, including the offender's level of
risk and supporting documentation, concerning juveniles required to register and
who are about to be released or placed into the community.
d. The attorney general shall notify the offender of the risk level assigned to that
offender. An offender may request a review of that determination with the attorney
general's sexual offender risk assessment committee and may present any
information that the offender believes may lower the assigned risk level.
13. An individual assessed as a high-risk sexual offender in accordance with
subsection 12, may not reside within five hundred feet [152.4 meters] of a public or
nonpublic preschool or elementary, middle, or high school.
14. Relevant and necessary conviction and registration information must be disclosed to
the public by a law enforcement agency if the individual is a moderate or high risk and
the agency determines that disclosure of the conviction and registration information is
necessary for public protection. The attorney general shall develop guidelines for
public disclosure of offender registration information. Public disclosure may include
internet access if the offender:
a. Is required to register for a lifetime under subsection 8;
b. Has been determined to be a high risk to the public by the department, the
attorney general, or the courts, according to guidelines developed by those
agencies; or
c. Has been determined to be a high risk to the public by an agency of another state
or the federal government.
If the offender has been determined to be a moderate risk, public disclosure must
include, at a minimum, notification of the offense to the victim registered under chapter
12.1-34 and to any agency, civic organization, or group of persons who have
characteristics similar to those of a victim of the offender. Upon request, law
enforcement agencies may release conviction and registration information regarding
low-risk, moderate-risk, or high-risk offenders.
15. A state officer, law enforcement agency, or public school district or governing body of a
nonpublic school or any appointee, officer, or employee of those entities is not subject
to civil or criminal liability for making risk determinations, allowing a sexual offender to
attend a school function under section 12.1-20-25, or for disclosing or for failing to
disclose information as permitted by this section.
16. If a juvenile is adjudicated delinquent and required or ordered to register as a sexual
offender or as an offender against a child under this section, the juvenile shall comply
with the registration requirements in this section. Notwithstanding any other provision
of law, a law enforcement agency shall register a juvenile offender in the same manner
as adult offenders and may release any relevant and necessary information on file to
other law enforcement agencies, the department of health and human services, or the
public if disclosure is necessary to protect public health or safety. The law enforcement
agency shall release any relevant and necessary information on file to the

superintendent or principal of the school the juvenile attends. The school
administration shall notify others in similar positions if the juvenile transfers to another
learning institution in or outside the state.
17. If an individual has been required to register as a sexual offender or an offender
against a child under section 12.1-32-15 or former section 27-20-52.1 before August 1,
1999, the individual may petition the court to be removed from the offender list if
registration is no longer mandatory for that individual. In considering the petition, the
court shall comply with the requirements of this section.
18. A sexual offender who is currently assigned a moderate or high-risk level by the
attorney general may not use a state park of this state as a residence or residential
address to comply with the registration requirements of this section. Before arriving at
a state park for overnight lodging or camping, a sexual offender who is assigned a
moderate or high-risk level by the attorney general shall notify a parks and recreation
department law enforcement officer at the state park where the sexual offender will be
staying.
19. When an individual who is required to register pursuant to this section plans to travel
outside of the United States, at least twenty-one days before the intended travel, the
individual shall inform the agency with which the individual last registered the
individual's residence address the details of the intended travel. Upon receipt of the
information from the registering law enforcement agency, the attorney general shall
report the travel to the United States marshal service.