§ 14-09-22 — Abuse of child - Mandatory sentence - Penalty

North Dakota § 14-09-22

• Jurisdiction: North Dakota
• Title 14: Domestic Relations and Persons
• Ch. 14-09: Parent and Child

Text

1. Except as provided in subsection 2 or 3, a parent, adult family or household member,
guardian, or other custodian of any child, who willfully inflicts or allows to be inflicted
upon the child mental injury or bodily injury, substantial bodily injury, or serious bodily
injury as defined by section 12.1-01-04 is guilty of a class C felony except if the victim
of an offense under this section is under the age of six years in which case the offense
is a class B felony. For purposes of this subsection, "mental injury" means an
observable and substantial, nontransitory impairment to a child's mental or
psychological ability to function within a normal range of performance or behavior.
2. A person who provides care, supervision, education, or guidance for a child
unaccompanied by the child's parent, adult family or household member, guardian, or
custodian in exchange for money, goods, or other services and who while providing
such services commits an offense under this section is guilty of a class B felony. Any
such person who commits, allows to be committed, or conspires to commit, against the
child, a sex offense as defined in chapter 12.1-20 is subject to the penalties provided
in that chapter.
3. A person who commits an offense under this section is guilty of a class B felony if the
victim suffers permanent loss or impairment of the function of a bodily member or
organ, except if the victim of the offense is under the age of six years in which case the
offense is a class A felony.
4. A person who has pled guilty or nolo contendere to, or has been found guilty of an
offense under this section must be sentenced to a minimum of one year imprisonment.
5. For any person who pleads guilty or is convicted of an offense under this section, the
court shall include in the sentence an order for the person to complete a parental
capacity evaluation, mental health evaluation, and anger management assessment,
and to complete treatment recommendations as ordered by the court as a condition of
probation.