FAQ

The first sex offender registration statute in North Dakota was passed in the 1991 legislative session. Since then, there have been changes or additions made in legislative sessions.

Offenders are required to verify their information with law enforcement at a frequency based on their North Dakota status/risk level. The offender’s photograph is updated regularly.

• High Risk: Four times a year – in the months of January, April, July, and October
• Moderate Risk: Twice a year – in the months of February and August
• Low Risk or not yet assigned a North Dakota risk level: Once a year - in the month of their date of birth

Every effort is made to ensure that the information is as accurate as possible. However, people may move frequently or change employment, and it is possible that our information has not kept up with a recent move if an offender has failed to make the notifications required by law, or if the information has not yet reached this office. We ask the public to contact their local law enforcement agency if discrepancies are found between the information presented here and the known location of a registered offender.

The information on this website is updated every time there is a change to information on the official sex offender information system. Changes of address, for instance, are reflected on the website as soon as those changes are entered in the sex offender database.

The website is simply one of the ways that North Dakota has chosen to implement Megan's Law, which is a federal mandate that all states notify the public of offenders who constitute a risk to the public. Because this is a sex offender registry, Offenders Against Children are not included. Information about Offenders Against Children can be found on the Public Safety page of the North Dakota Office of Attorney General website.

Offenders that were convicted as a juvenile that are not High Risk or have a Lifetime requirement to register in North Dakota, do not appear on the Sex Offender website.

Sex offenders are assessed a low, moderate, or high risk level by a committee appointed by the Attorney General. The risk level is based on an actuarial risk assessment tool, psychological evaluations, and all available documentation from the offender's past.

To make use of the most accurate and current information, risk levels are not assigned until a few months prior to an offender's release from prison.

For offenders that come to North Dakota from another state or the federal prison system it may take several weeks to gather the necessary records, assign the risk level, and provide the offender a due process hearing.

Statistically the most likely to commit another sexual offense, high risk offenders have typically committed more than one offense or have engaged in behaviors that contribute to an elevated level of risk.

A lifetime registrant is an offender who:

• Has been convicted of two or more offenses requiring registration in North Dakota.
• 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.
• Is deemed to be a High Risk offender by the North Dakota Office of Attorney General Risk Level Committee.

An out of state offender who is temporarily working or visiting in North Dakota must register if the offender will be staying overnight in ND for 10 or more consecutive days, OR if the offender will be staying overnight in ND for 30 days or more in a calendar year even if those days are not consecutive.

There are additional requirements for “out of state” registered offenders who wish to relocate to this state. North Dakota will conduct a risk assessment review to determine their risk level, which may be higher than other state’s assessments or risk levels.

Failure to fully comply with all North Dakota registration requirements is a criminal offense which carries a minimum mandatory jail sentence.

Most sex offenders have a requirement to register for 15 years (low risk offenders) or 25 years (moderate risk offenders). That registration period begins either at the date of conviction for the registerable offense, or at the date the offender is released from incarceration, whichever is later. Other offenders have a responsibility to register for life.

If a high risk offender or lifetime registrant was sentenced to serve time in prison, it is likely they have already served the sentence imposed at the time they begin registering. The Constitution does not permit continued incarceration of those defendants just because they remain a high risk or have several convictions. There is a process for civil commitment of sexually dangerous individuals, but only in extreme circumstances.

Before leaving a correctional facility, the offender is required to complete registration papers that show the address where the offender has said they will be living. A copy of this registration form is sent to the Bureau of Criminal Investigation, which notifies the local law enforcement agency (police department or sheriff's office) to expect the offender.

Within 3 days of arriving at a new location, the offender must register with the law enforcement agency where they will be living. At the law enforcement agency, the offender is fingerprinted and photographed. A copy of the completed registration form is sent to the Bureau of Criminal Investigation.

At least 10 days prior to changing residences, employment, or school, the offender must go back to the local law enforcement agency to complete a change of address form. If the offender moves outside the local jurisdiction, the offender must re-register with the law enforcement agency in the new jurisdiction within 3 days of arriving there.

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 there is more than one residence, the offender is required to register with each jurisdiction where those residences exist.

There is a paper trail that the Bureau of Criminal Investigation tracks to make sure that offenders register as required. When an offender fails to register, law enforcement agencies are notified to search for the individual. When arrested on the warrant for failure to register, the county state's attorney prosecutes the offender for that crime. A first offense is a class C felony.

You can register to receive notifications about offenders by going to the Search Page of the sex offender website, searching for offenders by name, address, city, or county, and then clicking the Track All button or any of the Track Offender links in the search results page. The local law enforcement agencies should notify the public about high risk offenders.

Federal and state laws require that local law enforcement officials notify the public about high risk offenders. Sheriffs and police chiefs have some discretion about the method by which that notice is provided. If you have questions or concerns about how or whether the police department or sheriff's office is fulfilling this obligation, please contact that agency directly.

Local law enforcement agencies have responsibility for providing information about offenders living, working, or attending school in their communities or jurisdictions. Police and sheriff's departments around the state do community notifications through the news media, public meetings, or personal notification when high risk offenders and lifetime registrants move into a neighborhood. A local law enforcement agency considers many factors before deciding when and how to notify the community.

If the community was notified about every offender, it would dilute the usefulness of the information about the few offenders who pose a very serious risk to the public. Public notification about low-risk offenders may have the unintended effect of making them more risky. Ask your police department or sheriff's office what the specific policies and procedures are for public notification.

The purpose for the offender registration program, and this website, is to provide information for the protection of the public. "Sharing the information" is believed to make our communities safer places to live, and is an activity that is encouraged. Taking any kind of illegal action against the offender is another matter that is detrimental to our communities and will likely lead to legal action against the vigilante.

Information on the site should not be used to unlawfully injure, harass or commit a crime against any individual named in the registry or residing or working at any reported address as such actions could result in civil or criminal penalties.

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. A high risk sex offender may not reside within 500 feet of a public or nonpublic preschool, elementary, middle or high school.

Generally, a sex offender is prohibited from being on or in school property except as permitted by school board policy and for certain other reasons such as voting, or to attend a public meeting. The prohibition applies to all public and non-public elementary, middle and high schools. School property may include playing fields, playgrounds, and other facilities. In accordance with school policy or with written permission from the school, a registered offender may attend parent-teacher conferences and school functions. For more information, contact your local school district.

You should be able to alert your children without scaring them with graphic details. Instructions to stay away and report any disturbing or suspicious activity should be sufficient.

Employers are not allowed to discriminate against potential employees due to their race, religion, gender, and sometimes, age. The fact that someone is a convicted sex offender does not place the offender in a constitutionally protected class; therefore, employers are free to weigh the potential liability that may result in employing a registered offender.

Landlords are not allowed to discriminate against potential tenants due to their race, religion, gender, and sometimes, age. The fact that someone is a convicted sex offender does not place the offender in a constitutionally protected class; therefore, landlords are free to weigh the potential liability that may result in renting to a registered offender.

After investigations are closed, police reports are commonly open records. You should be able to check the court records at the clerk of court's office in the county where the offense happened to find out which law enforcement agency conducted the investigation.

The crime of gross sexual imposition (GSI) is one that covers a broad range of sexual conduct. Any person that engages in a sexual act (intercourse, oral sex, anal sex) or sexual contact (fondling) with a person that has not consented or is incapable of consenting is guilty of GSI. This can either be a forcible rape or sexual conduct with an involuntarily intoxicated victim, an unconscious victim, a developmentally disabled or mentally ill victim, or a child under fifteen years of age.

There are two reasons why a particular offense may not have a crime description. The proper documentation is being gathered and the description is in the process of being written. The second reason some descriptions are not written is that detailed information about the offense is not available; this is often the case when the offense and conviction occurred in another state.

The Statewide Automated Victim Information and Notification (SAVIN) service provides around-the-clock access to information about all offenders held in county jails and Department of Corrections and Rehabilitation (DOCR) facilities. See: SAVIN: VINELink

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.

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.

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. The list of Offenders Against Children is online at Offenders Against Children.