Offender Information
An individual who has pled guilty to or been convicted of certain criminal offenses in this state (or an equivalent offense in any state, federal, tribal or international court), may be required to register as a sex offender. The offender is required to register in the jurisdiction where they reside. Offenders who live in a neighboring state may be required to register in North Dakota if they work or attend school in North Dakota.
Sex offenders who are required to register appear on the state's sex offender website with full details, and also appear on the national sex offender website. The website is updated in real time, all day every day, as changes and updates are entered.
A high risk offender may not reside within 500 feet of a public or nonpublic preschool, elementary, middle or high school. A low or moderate risk offender may live in an apartment building, near a school, park or daycare - unless a condition of that individual’s probation prohibits it. The terms of an offender’s probation are set by the court on a case-by-case basis. If you are concerned about a particular offender, contact your local law enforcement agency. There are laws restricting when and whether an offender may be on or in school property. Contact your child’s school for more information.
Sex offenders have always lived in our communities, and the accompanying risks have always been present. This method of public notification is an acceptable way of reducing that risk and enhancing public protection. Any actions taken against these offenders, including vandalism of property, intimidation, harassment or verbal or written threats of harm against these subjects or their families, landlords, or employers, are not acceptable, and will likely result in arrest and prosecution of those persons.
Offender Risk Levels
All sex offenders are assigned a risk level (for re-offending). The risk level is assigned by a team of professionals consisting of representatives from the North Dakota Office of Attorney General, Department of Corrections and Rehabilitation (DOCR), juvenile services, and other criminal justice entities. 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. Risk assessments are conducted on an ongoing basis and the sex offender's information on the website is updated when the risk level is assigned or changed.
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A LOW risk offender must register for a minimum of 15 years, a MODERATE risk offender must register for 25 years, and a HIGH risk offender must register for life.
Registration Information
The offender is required to provide the following applicable information, in addition to any information required by the North Dakota Office of Attorney General, and to notify the law enforcement agency if there are any changes:
- Residence address
- Employer(s) address
- School information
- Motor Vehicle(s)
- E-mail address and Social Networking information
Reporting changes to registration information is the responsibility of the offender. If an offender has any change to information that is required by the North Dakota Office of Attorney General, the offender must register that change with their registering agency within three days of the effective date of the change.
A homeless individual is required to register with the law enforcement agency in the area in which they are staying every three (3) days. “Homeless” includes an individual physically present in the state, but living in a park, under a bridge, on the streets, in a vehicle or camper, or who is otherwise without a traditional dwelling, and also one who resides in the state but does not maintain a permanent address. The term does not include individuals who are temporarily domiciled or individuals residing in public or private shelters that provide temporary living accommodations.
If the offender intends to move, become employed, or go to school in a new city, county, or state, the individual must complete a change of registration form with the agency where the individual is currently registered before the move, and must register again in the new city, county, or state no later than three days after moving, becoming employed, or going to school in the new location.
Failure to comply with the registration requirements or to notify law enforcement of any changes to registration information is a Class C Felony, for which a maximum penalty of five years' imprisonment, a fine of $5,000, or both, may be imposed.
Offender Address and Information Verification
Offenders are required to verify their information with law enforcement at a frequency based on their North Dakota status/risk level:
- High Risk: 4x a year – in the months of January, April, July, and October
- Moderate Risk: 2x a year – in the months of February and August
- Low Risk or not yet assigned a North Dakota risk level: 1x a year - in the month of their date of birth
Community Notification
The local police and sheriff's departments do community notifications when a registered offender moves into a neighborhood. A local law enforcement agency considers many factors before deciding when and how to notify the community, and does not have to wait until an offender's risk level has been assigned.
Ask your local law enforcement agency what the specific policies and procedures are for public notification in your community.
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.” These individuals are not sex offenders, and are not listed on the sex offender registry. Information about Offenders Against Children can be found on the Public Safety page of the North Dakota Office of Attorney General website. Like the Sex Offender website, the list of Offenders Against Children is updated in real time, all day every day, as changes and updates are entered. Offenders Against Children are required to verify their information with law enforcement within the month of their date of birth.
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, licensed or unlicensed, 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.