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North Dakota Century Code t12.1c20, Exercises of Law

Corruption or solicitation of minors. 1. An adult who engages in, solicits with the intent to engage in, or causes another to engage in a sexual act with a ...

Typology: Exercises

2022/2023

Uploaded on 03/01/2023

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Download North Dakota Century Code t12.1c20 and more Exercises Law in PDF only on Docsity! CHAPTER 12.1-20 SEX OFFENSES 12.1-20-01. General provisions. In sections 12.1-20-03 through 12.1-20-08: 1. When the criminality of conduct depends on a child's being below the age of fifteen, it is no defense that the actor did not know the child's age, or reasonably believed the child to be older than fourteen. 2. When criminality depends on the victim being a minor, it is an affirmative defense that the actor reasonably believed the victim to be an adult. 3. When criminality depends on the victim being a minor fifteen years of age or older, the actor is guilty of an offense only if the actor is at least three years older than the minor. 12.1-20-02. Definitions. In sections 12.1-20-03 through 12.1-20-12: 1. "Coercion" means to exploit fear or anxiety through intimidation, compulsion, domination, or control with the intent to compel conduct or compliance. 2. "Deviate sexual act" means any form of sexual contact with an animal, bird, or dead person. 3. "Object" means anything used in commission of a sexual act other than the person of the actor. 4. "Sexual act" means sexual contact between human beings consisting of contact between the penis and the vulva, the penis and the anus, the mouth and the penis, the mouth and the vulva, or any other portion of the human body and the penis, anus, or vulva; or the use of an object which comes in contact with the victim's anus, vulva, or penis. For the purposes of this subsection, sexual contact between the penis and the vulva, the penis and the anus, any other portion of the human body and the anus or vulva, or an object and the anus, vulva, or penis of the victim, occurs upon penetration, however slight. Emission is not required. 5. "Sexual contact" means any touching, whether or not through the clothing or other covering, of the sexual or other intimate parts of the person, or the penile ejaculation or ejaculate or emission of urine or feces upon any part of the person, for the purpose of arousing or satisfying sexual or aggressive desires. 12.1-20-03. Gross sexual imposition - Penalty. 1. A person who engages in a sexual act with another, or who causes another to engage in a sexual act, is guilty of an offense if: a. That person compels the victim to submit by force or by threat of imminent death, serious bodily injury, or kidnapping, to be inflicted on any human being; b. 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 with intent to prevent resistance; c. That person knows or has reasonable cause to believe that the victim is unaware that a sexual act is being committed upon him or her; d. The victim is less than fifteen years old; or e. That person knows or has reasonable cause to believe that the other person suffers from a mental disease or defect which renders him or her incapable of understanding the nature of his or her conduct. 2. A person who engages in sexual contact with another, or who causes another to engage in sexual contact, is guilty of an offense if: a. The victim is less than fifteen years old; b. That person compels the victim to submit by force or by threat of imminent death, serious bodily injury, or kidnapping, to be inflicted on any human being; or Page No. 1 c. That person knows or has reasonable cause to believe that the victim is unaware that sexual contact is being committed on the victim. 3. a. An offense under this section is a class AA felony if in the course of the offense the actor inflicts serious bodily injury upon the victim, if the actor's conduct violates subdivision a of subsection 1, or if the actor's conduct violates subdivision d of subsection 1 and the actor was at least twenty-two years of age at the time of the offense. For any conviction of a class AA felony under subdivision a of subsection 1, the court shall impose a minimum sentence of twenty years' imprisonment, with probation supervision to follow the incarceration. The court may deviate from the mandatory sentence if the court finds that the sentence would impose a manifest injustice and the defendant has accepted responsibility for the crime or cooperated with law enforcement. However, a defendant convicted of a class AA felony under this section may not be sentenced to serve less than five years of incarceration. b. Otherwise the offense is a class A felony. 4. If, as a result of injuries sustained during the course of an offense under this section, the victim dies, the offense is a class AA felony, for which the maximum penalty of life imprisonment without parole must be imposed unless the defendant was a juvenile at the time of the offense. 12.1-20-03.1. Continuous sexual abuse of a child. 1. An individual in adult court is guilty of an offense if the individual engages in any combination of three or more sexual acts or sexual contacts with a minor under the age of fifteen years during a period of three or more months. The offense is a class AA felony if the actor was at least twenty-two years of age at the time of the offense. Otherwise, the offense is a class A felony. The court may not defer imposition of sentence. 2. If more than three sexual acts or contacts are alleged, a jury must unanimously agree that any combination of three or more acts or contacts occurred. The jury does not need to unanimously agree which three acts or contacts occurred. 3. No other felony offense under this chapter involving the same victim may be charged in the same proceeding with a charge under this section unless the other charged offense occurred outside the time period charged under this section or the other offense is charged in the alternative. A defendant may be charged with only one count under this section, but a separate count may be charged for each victim if more than one victim is involved. 12.1-20-04. Sexual imposition. A person who engages in a sexual act or sexual contact with another, or who causes another to engage in a sexual act or sexual contact, is guilty of a class B felony if the actor: 1. Compels the other person to submit by any threat or coercion that would render a person reasonably incapable of resisting; or 2. Engages in a sexual act or sexual contact with another, whether consensual or not, as part of an induction, initiation, ceremony, pledge, hazing, or qualification to become a member or an associate of any criminal street gang as defined in section 12.1-06.2-01. 12.1-20-05. Corruption or solicitation of minors. 1. An adult who engages in, solicits with the intent to engage in, or causes another to engage in a sexual act with a minor, is guilty of a class A misdemeanor if the victim is a minor fifteen years of age or older. 2. An adult who solicits with the intent to engage in a sexual act with a minor under age fifteen or engages in or causes another to engage in a sexual act when the adult is at least twenty-two years of age and the victim is a minor fifteen years of age or older, is guilty of a class C felony. Page No. 2 12.1-20-12. Deviate sexual act. A person who performs a deviate sexual act with the intent to arouse or gratify his sexual desire is guilty of a class A misdemeanor. 12.1-20-12.1. Indecent exposure. 1. An individual, with intent to arouse, appeal to, or gratify that individual's lust, passions, or sexual desires, is guilty of a class A misdemeanor if that individual: a. Masturbates in a public place or in the presence of a minor; b. Exposes the individual's penis, vulva, or anus in a public place or to a minor in a public or private place; c. Exposes the individual's penis, vulva, or anus by unsolicited electronic means; or d. Exposes the individual's penis, vulva, or anus by any electronic means to a minor. 2. An individual is guilty of a class C felony if the individual violates subsection 1 after a previous conviction for violating subsection 1, after a previous conviction for violating section 12.1-20-12.2, or after being required to register under section 12.1-32-15. 3. An individual who commits a violation of subdivision a or b of subsection 1 within fifty feet [15.24 meters] of or on the real property comprising a public or nonpublic elementary, middle, or high school is guilty of a class C felony. An individual who commits a violation of subsection 2 within fifty feet [15.24 meters] of or on the real property comprising a public or nonpublic elementary, middle, or high school is guilty of a class B felony. 4. As used in this section, "electronic means" includes images and pictures transmitted via electronic mail, electronic messaging, or from an electronic communications device. 12.1-20-12.2. Surreptitious intrusion. 1. An individual, with the intent to arouse, appeal to, or gratify that individual's lust, passions, or sexual desires, is guilty of a class A misdemeanor if that individual does any of the following: a. With intent to intrude upon or interfere with the privacy of another, enters upon another's property and surreptitiously gazes, stares, or peeps into a house or place of dwelling of another. b. With intent to intrude upon or interfere with the privacy of another, enters upon another's property and surreptitiously installs or uses any device for observing, photographing, recording, amplifying, or broadcasting sounds or events from a house or place of dwelling of another. c. With intent to intrude upon or interfere with the privacy of the occupant, surreptitiously gazes, stares, or peeps into a tanning booth, a sleeping room in a hotel, or other place where a reasonable individual would have an expectation of privacy and has exposed or is likely to expose that individual's intimate parts or has removed the clothing covering the immediate area of the intimate parts. d. With intent to intrude upon or interfere with the privacy of the occupant, surreptitiously installs or uses any device for observing, photographing, recording, amplifying, or broadcasting sounds or events from a tanning booth, a sleeping room in a hotel, or other place where a reasonable individual would have an expectation of privacy and has exposed or is likely to expose that individual's intimate parts or has removed the clothing covering the immediate area of the intimate parts. 2. A person is guilty of a class C felony if the person violates subsection 1 after a previous conviction for violating subsection 1, after a previous conviction for violating section 12.1-20-12.1, after being required to register under section 12.1-32-15, or if the victim is a minor. 12.1-20-12.3. Sexual extortion. 1. An individual commits the offense of sexual extortion if the individual: Page No. 5 a. With an intent to coerce a victim to engage in sexual contact, in sexually explicit conduct, or in simulated sexually explicit conduct, or to produce, provide, or distribute an image, video, or other recording of any individual engaged in sexually explicit conduct or any intimate image of an individual, or a demand for money, communicates in person or by electronic means: (1) A threat to the victim's or another's person, property, or reputation; or (2) A threat to distribute or an enticement to delete an intimate image or video of the victim or another. b. Knowingly causes a victim to engage in sexual contact, in sexually explicit conduct, or in simulated sexually explicit conduct, or to produce, provide, or distribute any image, video, or other recording of any individual engaged in sexually explicit conduct or any intimate image of an individual, or a demand for money, by means of: (1) A threat to the victim's or another's person, property, or reputation; or (2) A threat to distribute or an enticement to delete an intimate image or video of the victim or another. 2. The offense is: a. A class B felony if the actor's conduct violates subdivision b of subsection 1 and the victim is a minor or vulnerable adult, otherwise a class A misdemeanor. b. A class A misdemeanor if the actor's conduct violates subdivision a of subsection 1. 3. For purposes of this section: a. "Intimate image" has the meaning provided in subsection 1 of section 12.1-17-07.2. b. "Sexual contact" has the meaning provided in section 12.1-20-02. c. "Sexually explicit conduct" has the meaning provided in subsection 1 of section 12.1-17-07.2. d. "Simulated sexually explicit conduct" has the meaning provided in subsection 1 of section 12.1-17-07.2. 12.1-20-13. Bigamy. 1. A person who marries another person, while married to another person, is guilty of a class C felony. 2. Subsection 1 does not extend to: a. A person whose spouse has been absent for five successive years and is believed by him or her to be dead. b. A person whose spouse has voluntarily absented himself and has continually remained without the United States for the space of five successive years. c. A person whose former marriage has been pronounced void, null, or dissolved by the judgment of a competent court. 12.1-20-14. Admissibility of evidence concerning reputation of complaining witness - Gross sexual imposition and sexual imposition. Superseded by N.D.R.Ev. 412. 12.1-20-15. Credibility of complaining witness attacked - Procedure. Superseded by N.D.R.Ev. 412. 12.1-20-15.1. Admissibility of evidence of victim's manner of dress in sex offense cases. Superseded by N.D.R.Ev. 412. 12.1-20-16. Appointment of a guardian ad litem in prosecution for sex offenses. A minor or an individual with a developmental disability who is a material or prosecuting witness in a criminal proceeding involving an act in violation of sections 12.1-20-01 through Page No. 6 12.1-20-08, section 12.1-20-11, or chapter 12.1-41, may, at the discretion of the district court, have the witness' interests represented by a guardian ad litem at all stages of the proceedings arising from the violation. The appointment may be made upon the order of the court on its own motion or at the request of a party to the action. The guardian ad litem may, but need not, be a licensed attorney and must be designated by the court after due consideration is given to the desires and needs of the minor or the individual with a developmental disability. An individual who is also a material witness or prosecuting witness in the same proceeding may not be designated guardian ad litem. The guardian ad litem must receive notice of and may attend all depositions, hearings, and trial proceedings to support the minor or the individual with a developmental disability and advocate for the protection of the minor or the individual with a developmental disability but may not separately introduce evidence or directly examine or cross-examine witnesses. The expenses of the guardian ad litem, when approved by the judge, must be paid by the supreme court. The state shall also pay the expenses of the guardian ad litem in commitment proceedings held in district court pursuant to chapter 25-03.1. 12.1-20-17. Transfer of body fluid that may contain the human immunodeficiency virus - Definitions - Defenses - Penalty. 1. As used in this section, unless the context otherwise requires: a. "Body fluid" means semen, irrespective of the presence of spermatozoa; blood; or vaginal secretion. b. "Transfer" means to engage in sexual activity by genital-genital contact, oral-genital contact, or anal-genital contact, or to permit the reuse of a hypodermic syringe, needle, or similar device without sterilization. 2. A person who, knowing that that person is or has been afflicted with acquired immune deficiency syndrome, afflicted with acquired immune deficiency syndrome related complexes, or infected with the human immunodeficiency virus, willfully transfers any of that person's body fluid to another person is guilty of a class A felony. 3. It is an affirmative defense to a prosecution under this section that if the transfer was by sexual activity, the sexual activity took place between consenting adults after full disclosure of the risk of such activity and with the use of an appropriate prophylactic device. 12.1-20-18. Definitions. Repealed by S.L. 1993, ch. 129, § 5. 12.1-20-19. Release of sexual offender from place of confinement - Duties of official in charge. Repealed by S.L. 1993, ch. 129, § 5. 12.1-20-20. Duty to register. Repealed by S.L. 1993, ch. 129, § 5. 12.1-20-21. Change of address - Duty to inform. Repealed by S.L. 1993, ch. 129, § 5. 12.1-20-22. Duration of registration. Repealed by S.L. 1993, ch. 129, § 5. 12.1-20-23. Penalty. Repealed by S.L. 1993, ch. 129, § 5. 12.1-20-24. Facilitation of sexual acts in public. 1. As used in this section: a. "Adult entertainment center" means any commercial facility at which motion pictures or videos that include explicit representations of sexual conduct are Page No. 7
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