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.

Attorney's Note

Under the North Dakota Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class AA felonyup to life
Class A felonyup to 20 yearsup to $20,000
For details, see § 12.1-32-01

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Terms Used In North Dakota Code 12.1-20-03.1

  • Actor: includes , where relevant, a person guilty of an omission. See North Dakota Code 12.1-01-04
  • Court: means any of the following courts: the supreme court, a district court, and where relevant, a municipal court. See North Dakota Code 12.1-01-04
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Individual: means a human being. See North Dakota Code 1-01-49
  • Offense: means conduct for which a term of imprisonment or a fine is authorized by statute after conviction. See North Dakota Code 12.1-01-04

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.