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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, have refused to engage in sex offender treatment, or have engaged in behaviors that contribute to an elevated level of risk.However, a searchable list of all offenders in ND (including moderate and low risk offenders), can be downloaded for a particular city, county, or the entire state, by clicking the link “List of all offenders” on the sex offender website home page.Information about all offenders is uploaded to the federal website. Sex offenders are assessed a low, moderate, or high risk level by a nine-member committee appointed by the Attorney General.Address information is routinely verified every three months for lifetime registrants and every six months for other offenders.Offender employment and other information also are regularly verified. Every effort is made to ensure that the information is as accurate as possible.For more information on Community notification, see Question No. The risk level is based on an actuarial risk assessment tool, psychological evaluations, and all available documentation from the offender's past.
Because this is a sex offender registry, Offenders Against Children are not included.The age of consent can vary among states, and some states differentiate between consensual sex between minors who are close in age (for example, two teenagers of the same age), as opposed to sex between a minor and a much older adult.Though statutory rape does not require that the prosecutor prove an assault, it is still rape. § 12.1-20-01 (2018).) Defendants accused of statutory rape often claim that they had no reason to know that their partner was underage.Of course, rape that does involve force or an assault is illegal in North Dakota and prosecuted as forcible rape. § 12.1-32-15 (2018).) Defendants charged with statutory rape have the usual defenses available to all criminal defendants, such as “Someone else committed this crime,” or “The alleged conduct did not occur.” Named after Shakespeare’s young lovers, “Romeo and Juliet” exceptions are intended to prevent serious criminal charges against teenagers who engage in consensual sex with others close to their own age. They may argue that the victim herself represented that she was older than she was, and that a reasonable person would have believed her. § 12.1-20-01 (2018).) If you are facing a statutory rape charge, consider consulting with an experienced criminal defense attorney who regularly practices in your area.Assaults of a sexual nature may also be charged under the state’s assault and battery or child enticement laws. North Dakota’s Romeo and Juliet exemption protects from prosecution certain teenagers who engage in consensual sex. In North Dakota, unlike in most states, mistake of age can be a defense to a statutory rape charge in certain cases. The law can change at any time, and a lawyer can evaluate the strength of the prosecution’s case against you and help develop any defenses that might apply to your case.