{"id":375569,"date":"2016-03-31T21:36:18","date_gmt":"2016-04-01T02:36:18","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/north-dakota-law\/north-dakota-prohibited-consensual-sexual-activity-laws.html"},"modified":"2023-01-19T12:32:25","modified_gmt":"2023-01-19T17:32:25","slug":"north-dakota-prohibited-consensual-sexual-activity-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/north-dakota-law\/north-dakota-prohibited-consensual-sexual-activity-laws.html","title":{"rendered":"North Dakota Prohibited Consensual Sexual Activity Laws"},"content":{"rendered":"\n
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North Dakota Prohibited Consensual Sexual Activity Laws<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Nicole Prebeck, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Any type of sexual activity that is non-consensual is a criminal act by definition. However, there are some instances where even consensual sexual activities may be prohibited by state law<\/a>, typically when it involves third parties. For example, having intercourse in a public park or exposing yourself to passersby would both be considered illegal under virtually all state laws.<\/p>\r\n

While a minority of states continue to have anti-sodomy laws that criminalize "unnatural" sex acts and are meant to target LGBTQIA+ individuals, the U.S. Supreme Court in Lawrence v. Texas<\/a> <\/i>found these laws unconstitutional (and therefore unenforceable) in <\/i>2003.<\/i><\/p>\r\n

This article provides a brief overview of North Dakota laws prohibiting certain consensual sexual acts.<\/p>\r\n

North Dakota Laws Prohibiting Certain Consensual Sexual Acts: At a Glance<\/h2>\r\n

As with most other states North Dakota prohibits public sexual acts, exposing one’s self in public, and other consensual sexual acts considered offensive to others. The law also prohibits "deviate sexual acts," defined by statute as "any form of sexual contact with an animal, bird, or dead person."<\/p>\r\n

Additional provisions of North Dakota laws prohibiting certain kinds of consensual sexual activities are listed in the following table. See FindLaw’s Sex Crimes<\/a> section to learn about prohibited non-consensual sex acts.<\/p>\r\n\r\n

Sodomy Laws Applicable to<\/p>\r\n<\/th>\r\n

Sodomy is used to define certain sex acts in North Dakota, but anti-sodomy laws are no longer in effect, as they pertain to consenting adults in the state, after Lawrence v. Texas <\/i>(2003).<\/td>\r\n<\/tr>

Penalty for Sodomy<\/p>\r\n<\/th>\r\n

For consenting adults, there is no penalty for sodomy. Under circumstances where sodomy occurs by force, without consent, with a person under the age of consent, where a person cannot consent, or with a person that is incapacitated, it is treated as a crime.<\/td>\r\n<\/tr>

HIV Exposure and Compelled Testing for Offenders<\/p>\r\n<\/th>\r\n

Under N.D. Cent. Code \u00a7 23-07.7-01<\/a>, if the victim petitions the court, the court may order the defendant convicted of a sex offense under \u00a7 12.1-20<\/a> to be HIV or STI tested.<\/td>\r\n<\/tr>

Other Crimes Relating to Consensual Sex Acts<\/p>\r\n<\/th>\r\n

Other Crimes Relating to Non-Consensual Sex Acts<\/p>\r\n<\/th>\r\n