In North Dakota, sex offenders face lengthy prison sentences and societal scorn.
The mere mention of sex offenses makes people squeamish. The allegations are often horrible to hear.
As a result, people rush to judgment and assume the person charged must be guilty. However, the law presumes ND sex offenders innocent of all charges until proven guilty.
With such serious charges looming, you need a tough, aggressive, and experienced sex crimes defense attorney from Criminal Defense Attorney & Workers Compensation Law Offices of Arechigo & Stokka on your side to fight for your rights.
With several decades of experience under their belts, they will put you in the best possible position to beat your charges.
Sexual Imposition vs.Sexual Assault: What’s the Difference?
Sexual imposition under North Dakota law means engaging in a sexual act or sexual contact by compelling the victim to submit by threat or coercion.
It can also occur when one person engages in a sex act as part of a ceremony, pledge, hazing, or gang initiation.
This charge is a Class B felony. The maximum penalty for a Class B felony is 10 years in state prison and a $20,000 fine.
North Dakota also has a crime called gross sexual imposition. This charge is an aggravated form of sexual imposition.
Police can charge you with this crime if:
- The accused compelled the victim to submit by force or threat of imminent death, serious bodily injury, or kidnapping to be inflicted on another person;
- Someone gives the victim an intoxicant without their knowledge that impairs the person’s ability to consent to a sexual act;
- The accused knows that the victim is unaware that a sex act is happening to them;
- The alleged victim is younger than 15; or
- A person commits a sex act upon another person who cannot consent due to a mental disease or defect.
The law also has another theory of gross sexual imposition.
Under this alternate theory, a person could face gross sexual imposition charges when the alleged victim is younger than 15 and either:
- There is a threat of imminent death, kidnapping, or serious bodily harm to another that compels the victim to submit to sex; or
- The accused knows or should know that the victim is unaware of a sexual act happening to them.
These crimes are either Class A or AA felonies. There is a mandatory life sentence if the victim dies.
Otherwise, you could face up to 20 years in prison for a Class A felony and up to life in prison without the possibility of parole for a Class AA felony.
Sexual Assault Charges
Sexual assault occurs when the accused has sexual contact with another and:
- The contact is offensive to the victim;
- The victim suffers from a mental disease or defect;
- Someone drugged the victim;
- A parent or person responsible for the welfare of a child under 15 commits sexual contact; or
- The accused is an adult, and the victim is 15 or older.
The charge can be a Class C felony which carries a maximum penalty of five years in prison, up to a $10,000 fine, or both.
However, the charge could be a Class A misdemeanor if the accused is 18 – 22 years old and the victim is 15, 16, or 17 years of age.
Experienced and Skilled Advocacy Is Only a Call Away
Do not delay seeking an experienced North Dakota sex offenders defense attorney to help you.
Contact the Criminal Defense Attorney & Workers Compensation Law Offices of Arechigo & Stokka in Fargo at 701-532-2430 right away.
We have earned awards such as the AVVO Clients’ Choice Award, SuperLawyers nomination, and membership in the Circle of Excellence for repeat Attorney of the Year award winners.
Our award-winning lawyers understand what it takes to safeguard your freedom.