Can I be charged for a relationship with a 16-year-old in North Dakota?

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:

In North Dakota, minors are defined as individuals under eighteen years old (N.D. Cent. Code Ann. § 14-10-01). Engaging in sexual activity with a minor is considered statutory rape, and consent from the minor is not legally valid.

The relevant law is found in N.D. Cent. Code Ann. § 12.1-20-05. Under this statute, an adult can be charged with a class A misdemeanor for sexual conduct with a minor aged fifteen or older. If the adult is at least twenty-two years old and engages with a minor aged fifteen or older, it can escalate to a class C felony. Additionally, committing such acts near schools can result in more severe charges.

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.

FAQs

In North Dakota, the age of consent is 18. This means that individuals under 18 cannot legally consent to sexual activity. Engaging in a physical relationship with someone under this age can lead to serious legal consequences, including charges of statutory rape, regardless of consent from the minor.