Persons convicted for a sex offense in North Dakota must register as a sex offender in the state. The law protects the residents of North Dakota by putting sex offenders in check. The law also applies to sex offenders convicted in another state but wish to move, attend school, or work in North Dakota.
North Dakota’s sex offender law is lenient on sex offenders in the state. There are no restrictions on where an offender may live or work in the state. There are laws restricting individuals from getting into childcare facilities, schools, or parks. Sex offenders who have kids should contact their kid’s school for more information.
The nature of restrictions depends on individual conviction. Also, risk levels classifications depend on criminal records and other evaluations by the state. Sex offenders in North Dakota are under 3 risk levels classification:
Moderate Risk level
Unlike other states where an offender gets a permanent classification, an offender’s risk level is subject to change in North Dakota. The state assesses sex offenders to know if there is a need to change their risk levels.
Also, the duration of registration depends on the offender’s risk level:
Low-risk offenders register for 15 years
Moderate risk offenders register for 25 years
High-risk offenders register for life
Sex offenders in North Dakota can request to review their risk level if they feel their record has improved.
The law ensures that the community gets notifications anytime a registered offender moves to a new neighborhood.
The North Dakota Sex Offender Registry is in charge of all information on registered sex offenders in the state. The registry manages the sex offenders website, making sure it gets updated in real time. Although the website has a list of all sex offenders, you can only get full information of offenders on the high-risk levels.
Crime Against a Child - a violation of any of the following, or a comparable ordinance, in which the victim is a minor:
Murder - N.D. CENT. CODE § 12.1-16-01 (West 2008).
Assault, if the victim is under the age of 12 - N.D. CENT. CODE § 12.1-17-01.1 (West 2008).
Aggravated assault - N.D. CENT. CODE § 12.1-17-02 (West 2008).
Terrorizing - N.D. CENT. CODE § 12.1-17-04 (West 2008).
Stalking, if the offender has previously been convicted of simple assault, assault, aggravated assault, menacing, harassment, or a similar offense in another state, involving the victim of the stalking; or, the stalking violates a court order protecting the victim of the stalking, if the person had notice of the court order; or the person previously has been convicted of stalking. - N.D. CENT. CODE § 12.1-17-07.1 (West 2008).
Kidnapping - N.D. CENT. CODE § 12.1-18-01 (West 2008).
Felonious restraint - N.D. CENT. CODE § 12.1-18-02 (West 2008).
Removal of a child from North Dakota in violation of a custody decree - N.D. CENT. CODE § 12.1-18-05 (West 2008).
Promoting prostitution - N.D. CENT. CODE § 12.1-29-01 (West 2008).
Facilitating prostitution - N.D. CENT. CODE § 12.1-29-02 (West 2008).
Prostitution - N.D. CENT. CODE § 12.1-29-03 (West 2008).
Hiring an individual to engage in sexual activity - N.D. CENT. CODE § 12.1-29-06 (West 2008).
Abuse or neglect of a child - N.D. CENT. CODE § 14-09-22(1)(a), (2) (West 2008). Sexual Offender:
Gross sexual imposition - N.D. CENT. CODE § 12.1-20-03 (West 2008).
Continuous sexual abuse of a child - N.D. CENT. CODE § 12.1-20-03.1 (West 2008).
Sexual imposition - N.D. CENT. CODE § 12.1-20-04 (West 2008).
Corruption or solicitation of minors - N.D. CENT. CODE § 12.1-20-05 (West 2008).
Luring minors by computer - N.D. CENT. CODE § 12.1-20-05.1 (West 2008).
Sexual abuse of wards - N.D. CENT. CODE § 12.1-20-06 (West 2008).
Sexual assault (Class C felony and class A misdemeanor only) - N.D. CENT. CODE § 12.1-20-07 (West 2008).
Incest - N.D. CENT. CODE § 12.1-20-11 (West 2008).
Indecent exposure - N.D. CENT. CODE § 12.1-20-12.1 (West 2008).
Surreptitious intrusion - N.D. CENT. CODE § 12.1-20-12.2 (West 2008).
Use of a minor in a sexual performance - N.D. CENT. CODE § 12.1-27.2-02 (West 2008).
Promoting or directing an obscene sexual performance by a minor - N.D. CENT. CODE § 12.1-27.2-03 (West 2008).
Promoting a sexual performance by a minor - N.D. CENT. CODE § 12.1-27.2-04 (West 2008).
Possession of materials depicting sexual conduct by a minor - N.D. CENT. CODE § 12.1-27.2-04.1 (West 2008)
N.D.C.C. § 12.1-32-15 (West 2008).
a statement signed by the offender
blood and fluid samples
place of residence, school and employment
Community Notification and Websites
N.D.C.C. § 12.1-32-15 (West 2008).
Relevant and necessary conviction and registration information must be disclosed to the public by a law enforcement agency if the individual is a moderate or high risk and the agency determines that disclosure of the conviction and registration information is necessary for public protection.
The attorney general shall develop guidelines for public disclosure of offender registration information.
Public disclosure may include internet access if the offender:
is required to register for a lifetime under subsection 8;
has been determined to be a high risk to the public by the department, the attorney general, or the courts, according to guidelines developed by those agencies; or has been determined to be a high risk to the public by an agency of another state or the federal government.
If the offender has been determined to be a moderate risk, the public disclosure must include, at a minimum, notification to the victim of the offense and to any agency, civic organization, or group of persons who have characteristics similar to those of a victim of the offender.
Upon request, law enforcement agencies may release conviction and registration information regarding low-risk, moderate-risk, or high-risk offenders
Limitations on Residency or Employment
N.D.C.C. § 12.1-32-15 (West 2008)
(8) 10 years for offenders not subject to lifetime registration.
Life if the registrant:
Has 2 or more convictions for a crime against a child or as a sexual offender;
Is an adult and has been found guilty of gross sexual imposition or continuous sexual abuse and the victim is a child under 12;
Is an adult and has been found guilty of non-parental kidnapping; or
Has been civilly committed as a sexually dangerous individual.
Within 10 days of release; 10 days of changing the address
Class A misdemeanor; automatic parole or probation revocation; Class C felony for a 2nd offense
Most people think sexual predators are scary-looking and creepy. But three out of four adolescents who were sexually assaulted were victimized by someone they knew well.
Most of the time, sexual predators look like regular people. Children and parents need to know and to understand that anyone can be a sexual predator, no matter how "normal" they appear.
It isn't always easy to build a trusting relationship with your child. Trying to get your children to share what is going on in their lives can be difficult.
Building an open and welcoming environment from the beginning stages of a child's life is essential. Children are less intimidated and more likely to discuss issues and topics in their lives with an open and supportive environment.
Getting your kids to share serves as a building block for times when your child needs to discuss pressing issues like sex and sexual abuse.
KidsLiveSafe put together a comprehensive parents guide about sexual predators and keeping children safe. This free online eBook includes vital statistics, how to tell if a predator is victimizing a child, and social media and cyber-bullying.