North Dakota Code 12.1-36.1-02 – Perception of a minor’s sex – Prohibited practices – Penalty
1. Except as provided under section 12.1-36.1-03, if a minor’s perception of the minor’s sex is inconsistent with the minor’s sex, a health care provider may not engage in any of the following practices for the purpose of changing or affirming the minor’s perception of the minor’s sex:
Attorney's Note
Under the North Dakota Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class B felony | up to 10 years | up to $20,000 |
| Class A misdemeanor | up to 360 days | up to $3,000 |
Terms Used In North Dakota Code 12.1-36.1-02
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. 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
- Sex: means the biological state of being male or female, based on the individual's nonambiguous sex organs, chromosomes, or endogenous hormone profiles at birth. See North Dakota Code 1-01-49
a. Perform castration, vasectomy, hysterectomy, oophorectomy, metoidioplasty, orchiectomy, penectomy, phalloplasty, or vaginoplasty; b. Perform a mastectomy; c. Prescribe, dispense, administer, or otherwise supply any drug that has the purpose of aligning the minor’s sex with the minor’s perception of the minor’s sex when the perception is inconsistent with the minor’s sex, including:
(1) Puberty-blocking medication to stop normal puberty; (2) Supraphysiologic doses of testosterone to females; or
(3) Supraphysiologic doses of estrogen to males; or
d. Remove any otherwise healthy or nondiseased body part or tissue, except for a male circumcision.
2. A health care provider who willfully violates:
a. Subdivision a, b, or d of subsection 1 is guilty of a class B felony. b. Subdivision c of subsection 1 is guilty of a class A misdemeanor.