North Dakota Age of Consent Laws: Statutes, Penalties and Reporting

North Dakota's age-based sexual offenses protect persons under 15 through offenses with no age-difference condition for an adult actor, protect persons 15 to 17 against adults at least three years older, and add separate offenses for parents and guardians, persons in custody, therapists and a range of exploitation and trafficking offenses (N.D.C.C. 12.1-20-03, 12.1-20-05, 12.1-20-07, 12.1-20-01).

To report a concern: if a child is in immediate danger, call 911. The North Dakota Department of Health and Human Services states on its official page: "To report, call the statewide toll-free Child Abuse & Neglect Reporting Line 1-833-958-3500, between 8 a.m.-5 p.m. Central Time, Monday-Friday." The Childhelp National Child Abuse Hotline (1-800-422-4453, call or text) can help you figure out where and how to report. Online exploitation can be reported to the NCMEC CyberTipline at report.cybertip.org or 1-800-843-5678.

Information last verified on 2026-09-30. This article has not yet been reviewed by a licensed lawyer. It is legal-reference information, not legal advice.

This page covers North Dakota's criminal statutes on sexual offenses involving minors, mainly chapter 12.1-20 of the North Dakota Century Code, together with related provisions in chapters 12.1-27.1, 12.1-27.2, 12.1-29, 12.1-32, 12.1-41 and 14-09. Federal law is summarized on the age of consent laws by state hub. The statute text below was read on the North Dakota Legislative Branch's official site (ndlegis.gov) on 2026-09-30.

This page describes the main age-based sexual offense statutes. Other North Dakota statutes also protect minors, and one of them can apply even where none of the offenses described here does.

How North Dakota law protects minors by age

North Dakota's chapter 12.1-20 protects minors through offenses that turn on the victim's age, the actor's age and, for some offenses, the actor's role. The table summarizes the main provisions.

Under 15

Section 12.1-20-03 provides that gross sexual imposition applies where "The victim is less than fifteen years old" (subdivision 1(d), sexual act; subdivision 2(a), sexual contact). The section sets no age-difference condition for an adult actor. Where the actor was at least 22 at the time and the conduct is a sexual act with a victim under 15, the offense is a class AA felony; otherwise it is a class A felony. The section also states that a defendant convicted of a class AA felony under it may not be sentenced to serve less than five years of incarceration.

Section 12.1-20-03.1 covers continuous sexual abuse of a child: an individual in adult court who engages in any combination of three or more sexual acts or sexual contacts with a minor under 15 during a period of three or more months. It is a class AA felony if the actor was at least 22, and otherwise a class A felony. The court may not defer imposition of sentence.

Ages 15 to 17

Section 12.1-20-05 provides that 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 15 or older. It is a class C felony where the adult solicits with the intent to engage in a sexual act with a minor under 15, or where the adult is at least 22 and engages in or causes another to engage in a sexual act with a minor 15 or older. A violation of subsection 1 on or within 50 feet of the real property of a public or nonpublic elementary, middle or high school is a class C felony, and a violation of subsection 2 there is a class B felony.

Section 12.1-20-07(1)(f) makes sexual contact with a minor 15 or older sexual assault where the actor is an adult. It is a class A misdemeanor if the adult is at least 18 and not 22 or older, and a class C felony if the adult is at least 22. In both sections the actor must also be at least three years older than the minor (see below).

Parents, guardians, supervisors and institutions

• Parents, guardians and persons responsible for supervision. Section 12.1-20-07(1)(e) covers sexual contact where the other person is a minor 15 or older and the actor is the other person's parent, guardian, or is otherwise responsible for general supervision of the other person's welfare. It is a class C felony.
• Persons in custody. Section 12.1-20-06 makes it a class C felony to engage in a sexual act with a person in official custody or detained in a hospital, prison or other institution where the actor has supervisory or disciplinary authority over that person. The section applies at any age.
• Therapists. Section 12.1-20-06.1 makes it a class C felony for a person who is or holds oneself out to be a therapist to intentionally have sexual contact with a patient or client during treatment, consultation, interview or examination. The section states that consent by the complainant is not a defense.

How the age difference works

In North Dakota the age difference is an element of the offense. Section 12.1-20-01(3) provides: "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." Sections 12.1-20-05 and 12.1-20-07(1)(f) separately require that the actor be an adult.

Section 12.1-20-01(4) provides: "When criminality depends on the victim being below the age of fifteen, and the actor is a minor, the actor is guilty of an offense only if the actor is at least three years older than the victim." For an adult actor and a victim under 15, the statute contains no age-difference condition. Section 12.1-20-01(4) was added by Senate Bill 2037 and took effect on July 1, 2025.

Other North Dakota offenses that protect minors

The offenses above are not the only ones. Other provisions, each with its own elements and penalty class, include:

• Luring minors by computer. Section 12.1-20-05.1 covers an adult's use of a computer communication system to initiate or engage in communication with a person the adult believes to be a minor. It is graded from a class A misdemeanor to a class B felony depending on whether the adult is under 22 or 22 or older and on the minor's age range stated in the section. The court must sentence an adult convicted of a class B or class C felony under this section to at least one year of imprisonment, except where the individual did not take a substantial step toward meeting with the minor.
• Indecent exposure. Section 12.1-20-12.1 covers masturbating in the presence of a minor, exposing oneself to a minor in a public or private place, and exposing oneself to a minor by electronic means. It is a class A misdemeanor, and a class C felony after a previous conviction, when the person is required to register, or where subdivision 1(a) or (b) conduct occurs on or within 50 feet of a school.
• Surreptitious intrusion. Section 12.1-20-12.2 is a class C felony where the victim is a minor.
• Sexual extortion. Section 12.1-20-12.3 is a class B felony where the conduct violates subdivision 1(b) and the victim is a minor or vulnerable adult.
• Incest. Section 12.1-20-11 covers conduct the section lists, including engaging in a sexual act, knowingly, with a person related within a degree of consanguinity identified by reference to section 14-03-03. It has no age element and is a class C felony.
• Sexual performances and exploitation material. Chapter 12.1-27.2 defines a minor as an individual under 18. Using a minor in a sexual performance (12.1-27.2-02) and producing or promoting an obscene performance including sexual conduct by a minor (12.1-27.2-03) are class A felonies. Promoting a performance including sexual conduct by a minor (12.1-27.2-04) is a class B felony. Possessing a visual representation that includes sexual conduct by a minor (12.1-27.2-04.1) is a class C felony, and a class B felony where the section's listed aggravating facts apply, such as 20 or more images or a minor under 12.
• Obscenity and performances harmful to minors. Section 12.1-27.1-03 makes it a class C felony to promote to a minor material or a performance that is harmful to minors, or to permit a minor to participate in such a performance.
• Trafficking and commercial sexual activity. Chapter 12.1-41 makes trafficking an individual who is a minor (12.1-41-02(3)), forced labor of a minor (12.1-41-03(3)) and sexual servitude by maintaining or making available a minor for commercial sexual activity (12.1-41-04) class AA felonies. Patronizing a victim of sexual servitude who is a minor (12.1-41-05(3)) is a class A felony. Patronizing a minor for commercial sexual activity (12.1-41-06) is a class A felony under subdivision 1(a) and a class B felony under subdivision 1(b). The chapter states that consent of the minor is not a defense to sexual servitude under subdivision 1(a).
• Fornication. Section 12.1-20-08 provides: "A minor engaging in a sexual act is guilty of a class B misdemeanor, unless that sexual act was committed against the minor in violation of sections 12.1-20-01 through 12.1-20-07." The section states no age-difference condition.
• Hiring for sexual activity. Section 12.1-29-06 applies except as provided in 12.1-41-06, which covers minors.
• Child abuse. Section 14-09-22 covers abuse of a child by a parent, adult family or household member, guardian or other custodian, and by a paid caregiver (a class B felony under subsection 2). It is a class C felony, a class B felony where the victim is under six, with a minimum sentence of one year of imprisonment. The section provides that a caregiver who commits a sex offense as defined in chapter 12.1-20 against the child is subject to the penalties in that chapter.

Penalties

North Dakota grades offenses by class. Under section 12.1-32-01, the maximum penalties are: class AA felony, life imprisonment without parole; class A felony, 20 years, a $20,000 fine, or both; class B felony, 10 years, a $20,000 fine, or both; class C felony, 5 years, a $10,000 fine, or both; class A misdemeanor, 360 days, a $3,000 fine, or both; class B misdemeanor, 30 days, a $1,500 fine, or both.

Sex offender registration

Section 12.1-32-15 defines a "sexual offender" as a person who has pled guilty to or been found guilty, including by juvenile delinquent adjudication, of a violation of listed provisions. The list includes 12.1-20-03, 12.1-20-03.1, 12.1-20-04, 12.1-20-05, 12.1-20-05.1, 12.1-20-06, 12.1-20-06.1, 12.1-20-07 except subdivision 1(a), 12.1-20-11, 12.1-20-12.1, 12.1-20-12.2, 12.1-20-12.3 except subdivision 1(a) and subdivision 1(b) if the offense involves only a demand for money, chapter 12.1-27.2, subdivision 1(b) of 12.1-41-02, and sections 12.1-41-04, 12.1-41-05 and 12.1-41-06. The section separately defines "crime against a child," which includes trafficking of a minor (12.1-41-02(3)), forced labor of a minor (12.1-41-03(3)) and child abuse under 14-09-22.

The registration period is the longer of the following: 15 years; 25 years if the offender is assigned a moderate risk; or life if the individual has on two or more occasions pled guilty or nolo contendere to, or been found guilty of, a crime against a child or as a sexual offender (where all qualifying offenses are misdemeanors, only if one was committed after August 1, 1999), has pled guilty or nolo contendere to, or been found guilty of, an offense committed after August 1, 1999 that is described in subdivision 1(a) of 12.1-20-03, in 12.1-20-03.1, in subdivision 1(d) of 12.1-20-03 where the person is an adult and the victim is under 12, or in 12.1-18-01 where the individual is an adult other than a parent of the victim, or is assigned a high risk by the attorney general.

Two provisions limit registration. For a misdemeanor or attempted misdemeanor, the court may deviate from requiring registration if it first finds that the individual is no more than three years older than the victim where the victim is a minor, has not previously been convicted as a sexual offender or of a crime against a child, and did not exhibit mental abnormality or predatory conduct. For a child adjudicated delinquent, subdivision 2(e) provides for court-ordered registration where the prosecutor requested that the court consider it and the court determines that the child exhibited a mental abnormality or predatory conduct or was previously adjudicated as a sexual offender.

Recent changes

Senate Bill 2037 (69th Legislative Assembly, 2025), enacted as S.L. 2025, ch. 302, amended section 12.1-20-01 and added subsection 4 (a minor actor and a victim under 15), and also amended the registration section, 12.1-32-15. The Legislative Council's list of effective dates gives July 1, 2025 for Senate Bill 2037. The adult-actor provisions for victims under 15 are unchanged.

How to report

If a child is in immediate danger, call 911. The North Dakota Department of Health and Human Services states on its official page: "To report, call the statewide toll-free Child Abuse & Neglect Reporting Line 1-833-958-3500, between 8 a.m.-5 p.m. Central Time, Monday-Friday." The Childhelp National Child Abuse Hotline (1-800-422-4453, call or text) and the NCMEC CyberTipline (report.cybertip.org or 1-800-843-5678) are also available.

Disclaimer

This page is general legal information about North Dakota criminal statutes as verified on 2026-09-30. It is not legal advice. Statutes change, summaries simplify, and the statute text controls. Anyone with a specific situation should consult a lawyer licensed in North Dakota.

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Frequently Asked Questions

What does the three-year element in North Dakota law mean?

Section 12.1-20-01(3) provides that where criminality depends on the victim being a minor 15 or older, the actor is guilty of an offense only if the actor is at least three years older than the minor. Section 12.1-20-01(4), added effective July 1, 2025, provides the same three-year requirement where criminality depends on the victim being under 15 and the actor is a minor. It is written as a condition of guilt, not as a grading rule.

Does the adult's age change the grade of the offense?

For the offenses covering minors 15 to 17, yes. Under 12.1-20-05 and 12.1-20-07(1)(f), an adult who is at least 18 but not 22 or older faces a class A misdemeanor, and an adult 22 or older faces a class C felony, except that soliciting a minor 15 or older under 12.1-20-05 is a class A misdemeanor at any adult age. For gross sexual imposition with a victim under 15, a sexual act by an actor at least 22 is a class AA felony and other violations are class A felonies.

Where can the North Dakota statute text be found?

Chapter 12.1-20 of the North Dakota Century Code is published by the North Dakota Legislative Branch at ndlegis.gov, and the penalty classes are in chapter 12.1-32. This page links the official PDFs.