Full question:
My 16 year old daughter engaged in sexual activity with a 21 year old boy from the neighborhood. He used to observe her for months and slowly caught her attention through a social networking site. He then induced her into having a sexual intercourse. Can the boy be punished for rape since my daughter is only 16?
- Category: Criminal
- Subcategory: Statutory Rape
- Date:
- State: North Dakota
Answer:
In North Dakota, it is illegal for an adult to have consensual sex with a minor. Moreover, North Dakota law considers luring minors through internet or through other electronic means to be a sex offence, which is punishable.Pursuant to N.D. Cent. Code Ann. § 12.1-20-05.1 (West), an adult enticing minors by using computer communication system is said to have engaged in a sex crime and can be punished for the same.
“1. An adult is guilty of luring minors by computer or other electronic means when:
a. The adult knows the character and content of a communication that, in whole or in part, implicitly or explicitly discusses or depicts actual or simulated nudity, sexual acts, sexual contact, sadomasochistic abuse, or other sexual performances and uses any computer communication system or other electronic means that allows the input, output, examination, or transfer of data or programs from one computer or electronic device to another to initiate or engage in such communication with a person the adult believes to be a minor; and
b. By means of that communication the adult importunes, invites, or induces a person the adult believes to be a minor to engage in sexual acts or to have sexual contact with the adult, or to engage in a sexual performance, obscene sexual performance, or sexual conduct for the adult's benefit, satisfaction, lust, passions, or sexual desires.
2. A violation of this section is a class A misdemeanor if the adult is less than twenty-two years of age and reasonably believes the minor is age fifteen to seventeen. If the adult is less than twenty-two years of age and reasonably believes the minor is under age fifteen, or the adult is twenty-two years of age or older and the adult reasonably believes the minor is age fifteen to seventeen, violation of this section is a class C felony. If the adult is twenty-two years of age or older and the adult reasonably believes the minor is under the age of fifteen, violation of this section is a class B felony. The court shall sentence an adult convicted of a class B or class C felony under this section to serve a term of imprisonment of at least one year, except the court may sentence an individual to less than one year if the individual did not take a substantial step toward meeting with the minor.
3. The attorney general may issue an administrative subpoena compelling an internet service provider or cellular phone company to provide subscriber information to a law enforcement agency investigating a possible violation of this section.”
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.
