By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed January 19, 2023
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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, 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.
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 found these laws unconstitutional (and therefore unenforceable) in 2003.
This article provides a brief overview of North Dakota laws prohibiting certain consensual sexual acts.
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."
Additional provisions of North Dakota laws prohibiting certain kinds of consensual sexual activities are listed in the following table. See FindLaw's Sex Crimes section to learn about prohibited non-consensual sex acts.
Sodomy Laws Applicable to |
Sodomy is used to define certain sex acts in North Dakota, but anti-sodomy laws are no longer in effect, as they pertain to consenting adults in the state, after Lawrence v. Texas (2003). |
|---|---|
Penalty for Sodomy |
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. |
HIV Exposure and Compelled Testing for Offenders |
Under N.D. Cent. Code § 23-07.7-01, if the victim petitions the court, the court may order the defendant convicted of a sex offense under § 12.1-20 to be HIV or STI tested. |
Other Crimes Relating to Consensual Sex Acts |
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Other Crimes Relating to Non-Consensual Sex Acts |
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Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Consider reviewing the following resources for more information about all laws in North Dakota, including those related to sexual activity:
Consider reviewing the following resources for more information about laws and legal issues related to sexual activity:
Criminal prosecution for a sex crime can have serious consequences for a defendant. If you have been arrested for a sex crime, you may consider contacting an experienced criminal defense attorney. If you cannot afford to hire an attorney, you still have the right to counsel and the public defender's office in your county will be able to assist you.
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