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By Jessica Gillespie. In North Dakota, it is illegal for an adult someone 18 or older to have sex with a minor someone younger than 18even if the sex is consensual. Those who break the law have committed statutory rape. Statutory rape laws are premised on the assumption that minors are incapable of giving informed consent to sexual activities. Their incapacity is written into the statute—hence the term, "statutory" rape.

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The age of consent can vary among states, and some states differentiate between consensual sex between minors who are close in age for example, two teenagers of the same ageas opposed to sex between a minor and a much older adult. Though statutory rape does not require that the prosecutor prove an assault, it is still rape. Of course, rape that does involve force or an assault is illegal in North Dakota and prosecuted as forcible rape.

Assaults of a sexual nature may also be charged under the state's assault and battery or child enticement laws.

Sexual assault

Statutory rape is prosecuted under North Dakota's rape and sex crime laws. Penalties depend on the ages of the defendant and victim and the conduct that occurred, as described below. Gross sexual imposition includes sexual acts oral, genital, or anal sex or penetration, however slight or sexual contact touching, even over clothing with a minor who is younger than An offense involving a sexual act and a defendant who is at least 22 years old at the time of the offense is a class AA felonywhich is punishable by at least five years and up to life in prison.

Code Ann. Corruption of a minor includes sexual acts between a minor who is 15, 16, or 17 and a defendant who is at least 18 years old.

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This offense is a class A misdemeanor if the defendant was younger than 22 at the time of the crime. Sexual assault includes sexual contact between a minor who is 15, 16, or 17, and a defendant who is 18 or older. State law requires that, in addition to the applicable fines and prison time, people convicted of certain sexual crimes including statutory rape must register as sex offenders. Defendants charged with statutory rape have the usual defenses available to all criminal defendants, such as "Someone else committed this crime," or "The alleged conduct did not occur.

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Named after Shakespeare's young lovers, "Romeo and Juliet" exceptions are intended to prevent serious criminal charges against teenagers who engage in consensual sex with others close to their own age. North Dakota's Romeo and Juliet exemption protects from prosecution certain teenagers who engage in consensual sex. The law applies to consensual sexual acts between a minor who is at least 15 years old and a defendant who is fewer than three years older than the younger minor.

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Defendants accused of statutory rape often claim that they had no reason to know that their partner was underage. They may argue that the victim herself represented that she was older than she was, and that a reasonable person would have believed her. In North Dakota, unlike in most states, mistake of age can be a defense to a statutory rape charge in certain cases.

If the minor is 15 or older, it can be a defense that the defendant reasonably believed the child to be an adult. However, if the child is 14 or younger, ignorance or mistake of the child's age is not a defense.

North dakota statutory rape laws

If you are facing a statutory rape charge, consider consulting with an experienced criminal defense attorney who regularly practices in your area. The law can change at any time, and a lawyer can evaluate the strength of the prosecution's case against you and help develop any defenses that might apply to your case.

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A lawyer can often negotiate with the prosecutor for a lesser charge or a reduction in penalties such as, for example, probation instead of prison time and will know how prosecutors and judges typically handle cases like yours. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service.

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North Dakota Statutory Rape Laws. Statutes governing North Dakota's age of consent, associated criminal charges, available defenses, and penalties for conviction. Getting Legal Guidance The information in this article provides an overview of the law relating to statutory rape.

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If you are trying to determine the legality of any kind of conduct, make sure to consult an experienced criminal defense attorney. The law is complex and changes regularly. Sex Offender Registration State law requires that, in addition to the applicable fines and prison time, people convicted of certain sexual crimes including statutory rape must register as sex offenders.

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Defenses to a Statutory Rape Charge in North Dakota Defendants charged with statutory rape have the usual defenses available to all criminal defendants, such as "Someone else committed this crime," or "The alleged conduct did not occur. Mistake of Age Defendants accused of statutory rape often claim that they had no reason to know that their partner was underage. See a Lawyer If you are facing a statutory rape charge, consider consulting with an experienced criminal defense attorney who regularly practices in your area.

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