This text of North Dakota § 27-20.2-24 (Children's fingerprints, photographs) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
1.A child under fourteen years of age may not be fingerprinted in the investigation of a
crime except as provided in this section. Fingerprints of a child who is referred to the
court may be taken and filed by law enforcement officers in investigating the
commission of the following crimes: murder, manslaughter, gross sexual imposition,
robbery, aggravated assault, burglary, theft, forgery, and unlawful possession or use of
a handgun.
2.Fingerprint files of children must be kept separate from those of adults. Copies of
fingerprints known to be those of a child may be maintained locally and copies may be
sent to a central state depository but may not be sent to a federal depository unless
needed in the interest of national security.
3.Fingerprint files of children may be inspected by law
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1. A child under fourteen years of age may not be fingerprinted in the investigation of a
crime except as provided in this section. Fingerprints of a child who is referred to the
court may be taken and filed by law enforcement officers in investigating the
commission of the following crimes: murder, manslaughter, gross sexual imposition,
robbery, aggravated assault, burglary, theft, forgery, and unlawful possession or use of
a handgun.
2. Fingerprint files of children must be kept separate from those of adults. Copies of
fingerprints known to be those of a child may be maintained locally and copies may be
sent to a central state depository but may not be sent to a federal depository unless
needed in the interest of national security.
3. Fingerprint files of children may be inspected by law enforcement officers if necessary
for the discharge of official duties of law enforcement officers. Other inspections may
be authorized by the court in individual cases upon a showing it is necessary in the
public interest.
4. Fingerprints of a child are considered a part of the child's juvenile or adult investigative
file and must be removed from the state and local files and destroyed in accordance
with section 27-20.2-25.
5. If latent fingerprints are found during the investigation of an offense and a law
enforcement officer has probable cause to believe the latent fingerprints are those of a
particular child, the officer may fingerprint the child regardless of age or offense for
purposes of immediate comparison with the latent fingerprints. If the comparison is
negative, the fingerprint card and other copies of the fingerprints taken must be
destroyed immediately. If the child is not referred to the court, the fingerprints must be
destroyed immediately.
6. A child may be photographed by a law enforcement officer at the time of arrest for the
crimes of murder, manslaughter, gross sexual imposition, robbery, aggravated assault,
burglary, theft, forgery, or unlawful possession or use of a handgun. The photograph
must be destroyed if the child is not referred to the juvenile court. If a court finds facts
that would justify a finding that a child at least fourteen years of age at the time of the
offense is delinquent and the finding involves the unlawful use or possession of a
handgun or the commission of an act proscribed by the criminal laws of this state and
punishable as a felony or a class A misdemeanor committed for the benefit of, at the
direction of, or in association or affiliation with any criminal street gang, with the intent
to promote, further, or assist in the activities of a criminal gang, the juvenile court shall
order upon the request of the state's attorney the taking and retention of a photograph
of the child for purposes of identification. Photographs of children under this
subsection may be maintained on a local basis and sent to a central state depository
but must be maintained separate from those of adults and must be destroyed in
accordance with section 27-20.2-25.