§ 14-09-35 — Missing child - Duty to report - Penalty

1. For purposes of this section and section 14-09-36, "caretaker" means the individual
who is responsible for the physical control of a child and who is the child's biological or
adoptive parent, the spouse of the child's biological or adoptive parent, or an individual
acting in the stead of a child's parent at the request of the parent or another with
authority to make the request. "Caretaker" does not include an individual who is
charged with the enforcement of compulsory attendance provisions under section
15.1-20-03.
2. A caretaker who is responsible at that time for the care of a child under the age of
thirteen years and who is unable to make contact with or otherwise verify the
whereabouts and safety of that child for a period of twenty-four hours after the
caretaker knows or reasonably should have known the child is missing is guilty of a
class C felony if the caretaker willfully fails to report the child as missing to law
enforcement within a reasonable time after this twenty-four-hour period expires.
3. A caretaker who is responsible at that time for the care of a child at least thirteen years
of age but under the age of seventeen years and who is unable to make contact with
or otherwise verify the whereabouts and safety of that child for a period of forty-eight
hours after the caretaker knows or reasonably should have known the child is missing
is guilty of a class B misdemeanor if the caretaker willfully fails to report the child as
missing to law enforcement within a reasonable time after the forty-eight-hour period
expires.