State Guide
Age of Consent in North Dakota
A plain-English guide to the age of consent in North Dakota, cited to N.D. Cent. Code § 12.1-20-05. Sources disagree on whether North Dakota has a close-in-age exemption; this guide discloses that rather than picking one account.
Offender-age threshold confirmed; numeric gap claim unverifiedNorth Dakota at a glance
The core figures from this guide, in one place.
| Age of consent | 18 |
|---|---|
| Governing statute | N.D. Cent. Code § 12.1-20-05 (Corruption or Solicitation of Minors) |
| Confirmed mechanism | Offender-age threshold: 18–21 misdemeanor, 22+ felony |
| Reported, unverified claim | A 3-year gap exemption for ages 15–17 |
| Related offense | Gross sexual imposition — N.D. Cent. Code § 12.1-20-03 (victim under 15) |
Overview
North Dakota sets its age of consent at 18. N.D. Cent. Code Section 12.1-20-05, corruption or solicitation of minors, addresses sexual acts with someone 15 through 17, with the severity keyed to the offender’s own age: a felony if the offender is 22 or older, and a lesser offense if the offender is 18 through 21.
Age of consent in North Dakota
Section 12.1-20-05(2) makes it a class C felony for someone 22 or older to engage in a sexual act with a minor 15 or older. Where the offender is 18 through 21, secondary sources describe this as a lesser offense, a class A misdemeanor, though this guide could not confirm that specific classification directly in the primary statute excerpt it retrieved.
Close-in-age rules in North Dakota
What this guide can confirm is an offender-age threshold: a sexual act with a minor 15 or older is treated far more seriously once the offender reaches 22, rather than the outcome depending on a numeric gap between the two people’s ages.
Exceptions and defenses
For a victim under 15, North Dakota’s gross sexual imposition statute is a strict liability offense: a mistaken belief about the victim’s age, even a genuinely reasonable one, is not a defense. This guide did not confirm whether the same strict standard applies to the 15-to-17 age band under Section 12.1-20-05.
Applicable statutes
The codified North Dakota law this guide is drawn from.
Practical examples
Example 1. A 16-year-old and a 20-year-old, a four-year gap. Because the offender is under 22, this fits the lesser offense tier described by secondary sources, though this guide could not fully confirm that classification.
Example 2. A 16-year-old and a 25-year-old, a nine-year gap. Because the offender is 22 or older, the class C felony under Section 12.1-20-05(2) applies.
Example 3. A 14-year-old and a 19-year-old, a five-year gap. Because the victim is under 15, the strict-liability gross sexual imposition statute applies regardless of the offender’s belief about the victim’s age.
Frequently asked questions about North Dakota
What is the age of consent in North Dakota?
18. N.D. Cent. Code Section 12.1-20-05 addresses sexual acts with a 15-to-17-year-old, with severity keyed to the offender’s own age.
Does North Dakota have a Romeo and Juliet law?
Sources disagree. One describes a three-year gap exemption for 15-to-17-year-olds; another says no such law exists. This guide confirms an offender-age threshold (22 and older triggers the felony tier) but could not verify the specific gap claim.
What happens if the offender is 18 to 21?
Secondary sources describe a lesser offense at this age range, but this guide could not fully confirm that classification against the primary statute text it reviewed.
Does a mistaken belief about age count as a defense?
For a victim under 15, no; the offense is strict liability. This guide did not confirm whether the same standard applies to the 15-to-17 age band.
What if the victim is under 15?
Gross sexual imposition applies under Section 12.1-20-03, a strict-liability offense with no mistake-of-age defense.
Official sources
Primary and official sources this guide is built from.
Confirmed vs. unconfirmed claims
This guide separates what it verified from what it could not.
| Claim | Status |
|---|---|
| 22-and-older triggers felony tier | Confirmed in primary text |
| 18–21 is a lesser misdemeanor tier | Reported, not independently confirmed |
| 3-year gap exemption for ages 15–17 | Reported by one source, contradicted by another, unconfirmed |
About this guide
Who wrote it, who reviewed it, and when it was last checked.
RomeoAndJulietLaw.com Editorial Team
Drafted from the North Dakota Century Code via the official North Dakota Legislative Branch website, cross-checked against multiple independent legal references.
Pending attorney review
This guide has not yet been checked by a licensed North Dakota attorney. It is sourced and cited, but should not be treated as attorney-reviewed until this line is updated with a named reviewer.
Primary source for this guide
Editorial notes
This guide reflects N.D. Cent. Code § 12.1-20-05 as of 27 July 2026. It has not yet been reviewed by a licensed North Dakota attorney. A significant open question is flagged above: conflicting secondary sources describe either a three-year gap exemption or no close-in-age law at all for the 15-to-17 age band. This guide confirmed only the offender-age threshold (22+) directly, and this conflict should be the first item resolved in any future review.