Full question:
I am 21 years old and my girlfriend is 16. We have been in a physical relationship and recently her father found out about this. He has decided to report me to the police. I believe I am not committing any crime since my girlfriend consented to it. Is there any law in North Dakota that can punish me for being in a physical relationship with my girlfriend?
- Category: Criminal
- Subcategory: Statutory Rape
- Date:
- State: North Dakota
Answer:
According to N.D. Cent. Code Ann. § 14-10-01 (West), “minors are persons under eighteen years of age…” Any adult who engaged in sexual activity with minors in North Dakota are said to have committed statutory rape. Minors’ consent is not considered valid under law.North Dakota’s rape and sex crime laws govern the statutory rape issues. The punishments depend on the ages of the defendant and victim, and the conduct that occurred.
The relevant statute here would be N.D. Cent. Code Ann. § 12.1-20-05 (West), under which an adult can be held guilty of a class A misdemeanour for engaging in sexual conduct with a minor. The section reads:
“1. An adult who engages in, solicits with the intent to engage in, or causes another to engage in a sexual act with a minor, is guilty of a class A misdemeanor if the victim is a minor fifteen years of age or older.
2. An adult who solicits with the intent to engage in a sexual act with a minor under age fifteen or engages in or causes another to engage in a sexual act when the adult is at least twenty-two years of age and the victim is a minor fifteen years of age or older, is guilty of a class C felony.
3. An adult who commits a violation of subsection 1 within fifty feet [15.24 meters] of or on the real property comprising a public or nonpublic elementary, middle, or high school is guilty of a class C felony. An adult who commits a violation of subsection 2 within fifty feet [15.24 meters] of or on the real property comprising a public or nonpublic elementary, middle, or high school is guilty of a class B felony.”
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
