Sexual Assault Laws in North Dakota

North Dakota's main rape offense is gross sexual imposition: a sexual act compelled by force or by threat of imminent death, serious injury or kidnapping, after secretly drugging the victim, with a victim unaware of the act, or with a victim the actor knows cannot understand the conduct because of a mental disease or defect. It is a class A felony (up to 20 years), and a class AA felony (up to life without parole) if serious bodily injury is inflicted or the act is compelled by force or threat, with a 20-year mandatory minimum for the force-or-threat version (the court may go lower in limited cases, but not below 5 years); if the victim dies it is class AA with mandatory life without parole for adults. Sexual imposition (a sexual act or contact compelled by other threats or coercion) is a class B felony (up to 10 years). Sexual assault (unwanted sexual contact) is a class A misdemeanor if the contact is merely offensive and a class C felony (up to 5 years) in aggravated situations such as an incapacitated or drugged victim or a person in custody. For sex with minors under the age of consent, see the age-of-consent page.

North Dakota's rule on court-appointed lawyers: The state Commission on Legal Counsel for Indigents provides indigent defense services to individuals the court determines are eligible under the commission's standards. A right to counsel through the commission exists for a defendant charged with a felony in district court, and for a class A or B misdemeanor in district court unless the court has determined there is no possibility of imprisonment. The commission's guidelines set financial eligibility at 125% of the federal poverty level; applicants above that generally do not qualify but should not be automatically denied, as exceptional factors are considered. A defendant requesting counsel at public expense must submit an application for indigent defense services; the commission's website directs applicants to file the application with the Clerk of Court in the county of the charge. N.D.C.C. §§ 54-61-01(1), 29-07-01.1(1); Commission on Legal Counsel for Indigents, Guidelines to Determine Eligibility for Indigent Defense Services (2026 version)

Lawyers set their own fees, and North Dakota has rules on how they may charge. See hiring a criminal defense lawyer in North Dakota for fee rules, how to check a lawyer's license and free help.

How release before trial works in North Dakota: Pretrial release is governed by N.D. Rule of Criminal Procedure 46 (the chapter 29-08 statutes on when bail must be taken are superseded by Rule 46). At the initial appearance, the magistrate must order release on personal recognizance or an unsecured appearance bond unless that will not reasonably assure the person's appearance; otherwise the magistrate may impose conditions such as supervision, employment or education requirements, travel/association/residence limits, no contact with alleged victims or witnesses, reporting, curfew, no firearms, no alcohol or unprescribed controlled substances, treatment, an appearance bond with a cash or security deposit not exceeding 10% of the bond amount, or a bail bond with sureties (or cash in lieu). Factors include the nature and circumstances of the offense, weight of the evidence, family ties, employment, financial resources, character, mental condition, length of residence, criminal record, record of appearances or flight, and danger to any person or the community. A person still detained 48 hours after the release hearing because they cannot meet the conditions may ask a magistrate to review them, and conditions may be amended at any time. By statute, the supreme court must establish a uniform bail schedule for individuals in custody who have not yet appeared before the district court, to be implemented by August 1, 2024. For purposes of setting release conditions at an initial appearance, an incarcerated individual is presumed indigent. N.D.R.Crim.P. 46(a); N.D.C.C. §§ 29-08-03.1, 54-61-01(1) What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See North Dakota expungement and record sealing rules.