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Registerable Offenses

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

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 listed on the state’s offender registry but are not sex offenders.

Criminal Offenses

North Dakota Century Code
Following is a list of the North Dakota Century Code sections relating to the different offenses for which registration is required:

Sex Offenses

§12.1-20-03

Gross Sexual Imposition

§12.1-20-03.1

Continuous Sexual Abuse

§12.1-20-04

Sexual Imposition

§12.1-20-05

Corruption of Minors

§12.1-20-05.1

Luring Minors by Computer

§12.1-20-06

Sexual Abuse of Wards

§12.1-20-07

Sexual Assault (Class C Felony and Class A Misdemeanor)

§12.1-20-11

Incest

§12.1-20-12.1

Indecent Exposure

§12.1-20-12.2

Surreptitious Intrusion

§12.1-27.2

Sexual Performance by Children (All Offenses)

§12.1-40

Sex Trafficking

Offenses against Children

§12.1-16

Homicide (All Offenses)

§12.1-17-01.1

Assault (Felony Only)

§12.1-17-02

Aggravated Assault

§12.1-17-04

Terrorizing

§12.1-17-07.1

Stalking (Felony Only)

§12.1-18-01

Kidnapping

§12.1-18-02

Felonious Restraint

§12.1-18-05

Removal of Child From State in Violation of Custody Decree

§12.1-29

Prostitution (All Offenses)

§14-09-22

Criminal Child Abuse (Subdivision a. of Subsection 1 or Subsection 2)

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.

Risk Level

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" factor is assigned by a team consisting of representatives from the Attorney General’s office, 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 of MODERATE risk offenders;
  • Lifetime for HIGH risk offenders; and
  • Lifetime if any one of the following three conditions is present:
    • The individual is a repeat felony sexual offender or offender against children.
    • 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 in which the offender is an adult and the victim is under age 12; or, which is Kidnapping and the adult offender is other than the victim's parent.
    • The individual has been civilly committed as a sexually dangerous individual under chapter 25-03.3, under the laws of another state, or by the federal government.

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.