Title 12.1 — Criminal Code
53 chapters · 382 sections in this title.
N.D.C.C. § 12.1-41-01 Definitions
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In this chapter: 1. "Adult" means an individual eighteen years of age or older. 2. "Coercion" means: a. The use or threat of force against, abduction of, serious harm to, or physical restraint of, an individual; b. The use of a plan, pattern, or statement with intent to cause an …
N.D.C.C. § 12.1-41-02 Trafficking an individual
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1. A person commits the offense of trafficking an individual if the person knowingly recruits, transports, transfers, harbors, receives, provides, obtains, isolates, maintains, or entices an individual in furtherance of: a. Forced labor in violation of section 12.1-41-03; or b. S…
N.D.C.C. § 12.1-41-03 Forced labor
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1. A person commits the offense of forced labor if the person knowingly uses coercion to compel an individual to provide labor or services, except when that conduct is permissible under federal law or law of this state other than this chapter. 2. Forced labor of an individual who…
N.D.C.C. § 12.1-41-04 Sexual servitude
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1. A person commits the offense of sexual servitude if the person knowingly: a. Maintains or makes available a minor for the purpose of engaging the minor in commercial sexual activity; or b. Uses coercion or deception to compel an adult to engage in commercial sexual activity. 2…
N.D.C.C. § 12.1-41-05 Patronizing a victim of sexual servitude
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1. A person commits the offense of patronizing a victim of sexual servitude if the person knowingly gives, agrees to give, or offers to give anything of value so that an individual may engage in commercial sexual activity with another individual and the person knows that the othe…
N.D.C.C. § 12.1-41-06 Patronizing a minor for commercial sexual activity
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1. A person commits the offense of patronizing a minor for commercial sexual activity if: a. With the intent that an individual engage in commercial sexual activity with a minor, the person gives, agrees to give, or offers to give anything of value to a minor or another person so…
N.D.C.C. § 12.1-41-07 Business entity liability
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1. A person that is a business entity may be prosecuted for an offense under sections 12.1-41-02 through 12.1-41-06 as provided by chapter 12.1-03. 2. When a person that is a business entity is prosecuted for an offense under sections 12.1-41-02 through 12.1-41-06, the court may …
N.D.C.C. § 12.1-41-08 Aggravating circumstance
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1. An aggravating circumstance during the commission of an offense under section 12.1-41-02, 12.1-41-03, or 12.1-41-04 occurs when the defendant recruited, enticed, or obtained the victim of the offense from a shelter that serves individuals subjected to human trafficking, domest…
N.D.C.C. § 12.1-41-08.1 Prohibited acts - Mandatory terms of imprisonment
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A person who violates a provision of this chapter is subject to mandatory minimum sentencing requirements to be served without the benefit of parole as follows: 1. For a class AA felony, the court shall impose a minimum sentence of twenty years' imprisonment. 2. For a class A fel…
N.D.C.C. § 12.1-41-09 Restitution
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1. The court shall order a person convicted of an offense under section 12.1-41-02, 12.1-41-03, or 12.1-41-04 to pay restitution to the victim of the offense for: a. Expenses incurred or reasonably certain to be incurred by the victim as a result of the offense, including reasona…
N.D.C.C. § 12.1-41-10 Victim confidentiality
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In an investigation of or a prosecution for an offense under this chapter, a law enforcement agency and state's attorney shall keep confidential the identity, pictures, and images of the alleged victim and the family of the alleged victim, except to the extent that disclosure is:…
N.D.C.C. § 12.1-41-11 Past sexual behavior of victim
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In a prosecution for an offense under this chapter or a civil action under section 12.1-41-15, evidence of a specific instance of the alleged victim's past sexual behavior or reputation or opinion evidence of past sexual behavior of the alleged victim is not admissible unless the…
N.D.C.C. § 12.1-41-12 Immunity of minor
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1. If the individual was a minor at the time of the offense and committed the offense as a direct result of being a victim, the individual is not criminally liable or subject to a juvenile delinquency proceeding under chapter 27-20.4 for: a. Prostitution under section 12.1-29-03;…
N.D.C.C. § 12.1-41-13 Affirmative defense of victim
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An individual charged with prostitution, felony forgery, felony theft, felony drug distribution, or an offense listed in subsection 1 of section 12.1-41-12 which was committed as a direct result of being a victim may assert an affirmative defense that the individual is a victim.
N.D.C.C. § 12.1-41-14 Motion to vacate and seal conviction
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1. An individual convicted of prostitution or an offense listed in subsection 1 of section 12.1-41-12 which was committed as a direct result of being a victim may apply by motion to the court to vacate the conviction and seal the record of conviction. The court may grant the moti…
N.D.C.C. § 12.1-41-15 Civil action
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1. A victim may bring a civil action against a person that commits an offense against the victim under section 12.1-41-02, 12.1-41-03, or 12.1-41-04 for compensatory damages, exemplary or punitive damages, injunctive relief, and any other appropriate relief. 2. If a victim prevai…
N.D.C.C. § 12.1-41-16 Display of public-awareness sign
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The department of transportation shall display in every transportation station, rest area, and welcome center in the state which is open to the public a public-awareness sign that contains any state or local human trafficking resource information and the National Human Traffickin…
N.D.C.C. § 12.1-41-17 Eligibility for benefit or service
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1. A victim is eligible for a benefit or service available through the state, including compensation under chapter 54-23.4, regardless of immigration status. 2. A minor who has engaged in commercial sexual activity is eligible for a benefit or service available through the state,…
N.D.C.C. § 12.1-41-18 Law enforcement protocol
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1. On request from an individual whom a law enforcement officer reasonably believes is a victim who is or has been subjected to a severe form of trafficking or criminal offense required for the individual to qualify for a nonimmigrant T or U visa under 8 U.S.C. 1101(a)(15)(T) or …
N.D.C.C. § 12.1-41-19 Grant to or contract with service provider
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1. The attorney general may make a grant to or contract with a unit of state or local government, tribal government, or nongovernmental victims service organization to develop or expand service programs for victims. 2. A recipient of a grant or contract under subsection 1 shall r…
N.D.C.C. § 12.1-41-20 Use of public funds for abortions prohibited
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Except as provided by federal law, funds of this state or a political subdivision of this state and federal funds passing through the state treasury or a state agency to provide treatment and support services for victims of human trafficking may be used to refer for or counsel fo…
N.D.C.C. § 12.1-41-21 Forced or coerced abortion
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1. As used in this section: a. "Forces or coerces" means committing, attempting to commit, or threatening to commit physical harm to the woman, the unborn child, or another individual intended to compel a victim of an offense under section 12.1-41-02, 12.1-41-03, or 12.1-41-04 to…