Offenders must register in North Dakota if they have pled guilty to or been convicted of certain criminal offenses. A person must also register if that person has pled guilty or ‘nolo contendere’ to, or been found guilty of, an offense in another court in the United States, a tribal court, or court of another country, which is equivalent to those offenses. The registration statute is found in N.D.C.C. §12.1-32-15.
Offenders Against Children (Non-Sexual Offenses)
Individuals convicted of crimes that are not sex offenses but which involve, for example, force against or restraint of a child, are required to register as an “Offender Against Children.” Offenders Against Children are not listed on the sex offender website. Information about Offenders Against Children can be found on the Offender Information Page.
Following is a list of the North Dakota Century Code sections relating to the different offenses for which registration is required:
- Gross Sexual Imposition
- Continuous Sexual Abuse
- Sexual Imposition
- Corruption of Minors
- Luring Minors by Computer
- Sexual Abuse of Wards
- Sexual Exploitation by Therapist
- Sexual Assault (Class C Felony and Class A Misdemeanor)
- Indecent Exposure
- Surreptitious Intrusion
- Sexual Extortion
- Sexual Performance by Children (All Offenses)
- Sex Trafficking
- Patronizing a Victim of Sexual Servitude
- Patronizing a Minor for Commercial Sexual Activity
- Homicide (All Offenses)
- Assault (Victim Under 12)
- Aggravated Assault
- Stalking (Felony Only)
- Felonious Restraint
- Removal of Child From State in Violation of Custody Decree
- Prostitution (All Offenses)
- Child Abuse
- Labor Trafficking (Minor Victim)
Juvenile Requirement to Register
A juvenile offender may be required to register if the offender has been convicted of, or plead guilty or ‘nolo contendere’ to, an offense under N.D.C.C. §12.1-32-15. A juvenile offender’s information is listed on the offender registry only if the offender is high risk, delinquent, or has a lifetime requirement to register.
If an offender is incarcerated for a registerable offense, the risk assessment is conducted shortly before the offender’s release. If the offender is not incarcerated, the risk assessment process begins within a few days of sentencing. If the offender moves to North Dakota from another state, the process begins within a few days of when the offender first registers in this state.
The risk level is assigned by a team consisting of representatives from the North Dakota Office of Attorney General, the Department of Corrections and Rehabilitation, local law enforcement, victims’ services, juvenile services, and other professionals. The team reviews each offender’s criminal history, evaluations, and other pertinent documents in order to assign the individual either a low, moderate or high risk level (for re-offending). Risk assessments are conducted regularly and the website is updated continually to add new offenders. If an offender is later convicted of additional offenses, the offender’s risk level would be reassessed.
Required Registration Period
The registration period is a minimum of:
- 15 years for LOW risk offenders;
- 25 years for MODERATE risk offenders;
- Lifetime for HIGH risk offenders; and
Lifetime if any one of the following three conditions is present:
- The individual has been convicted of two or more offenses requiring registration in North Dakota.
- The individual has pled guilty to, or been found guilty of an offense committed after August 1, 1999, which is Gross Sexual Imposition involving force or threat of serious bodily injury or Kidnapping; Gross Sexual Imposition - sexual act - in which the offender is an adult and the victim is under age 12; or, Kidnapping and the adult offender is other than the victim's parent.
- The individual is deemed to be a High Risk offender by the Attorney General’s Risk Level Committee.
The period of registration begins after the date of sentencing, after the date of order deferring or suspending sentence upon a plea or finding of guilt, or after release from incarceration, whichever is later.
If an offender’s risk level is reassessed it is possible that his/her registration period could be changed accordingly.
Early Childhood Services
An individual who has a requirement to register as a sex offender is prohibited from providing early childhood services (such as daycare) to any child, other than a child who is a member of that individual’s household, and any person who provides such early childhood services is prohibited from allowing a registered offender to be in the presence of a child receiving the services. A violation of N.D.C.C. §50-11.1-13.1 is a B-misdemeanor. All citizens have the right to live and work in the community. North Dakota law does not prohibit a low or moderate risk sex offender from living near schools, parks, or daycare facilities unless a condition of probation prohibits it.