1.    As used in this section:

Attorney's Note

Under the North Dakota Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class C felonyup to 5 yearsup to $10,000
For details, see § 12.1-32-01

Have a question?
Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In North Dakota Code 12.1-20-26

  • Donor: The person who makes a gift.
  • Female: means a girl, woman, or an individual whose biological reproductive system is developed to produce ova. See North Dakota Code 1-01-49
  • Individual: means a human being. See North Dakota Code 1-01-49
  • Male: means a boy, man, or an individual whose biological reproductive system is developed to produce sperm. See North Dakota Code 1-01-49
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49

a.    “Donor” means an individual who donates reproductive material, regardless of whether for personal use or compensation.

b.    “Egg” means the unfertilized female reproductive cell.

c.    “Health care provider” means an individual licensed or certified by the state to deliver health care. The term includes an individual licensed to practice medicine or osteopathy under chapter 43-17.

d.    “Pre-embryo” means the product of fertilization of an egg by a sperm until the appearance of the embryonic axis.

e.    “Recipient” means an individual who receives reproductive material from a donor.

f.    “Reproductive material” includes any human egg, pre-embryo, or sperm. g.    “Sperm” means the male reproductive cell.

2.    A health care provider may not intentionally penetrate the vagina of a recipient with the reproductive material of a donor or any object containing the reproductive material of a donor knowing the recipient has not consented to the use of the reproductive material from that donor.

3.    A violation of this section is a class C felony.

4.    Notwithstanding section 29-04-02, the applicable period of limitation for prosecution of a violation under this section does not begin to run until the date on which the violation is discovered and reported to law enforcement authorities.