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Offender Risk Level Description

High - Statistically the most likely to commit another sexual offense, high risk offenders have typically committed more than one offense, have refused to engage in sex offender treatment, or have engaged in behaviors that contribute to an elevated level of risk.
Moderate - Moderate risk offenders score higher on actuarial tools than those in the low risk category, but may not constitute a significant threat to all members of the public. Community notification is "targeted" towards those who fall in a similar victim class as a previous victim of the offender.
Low - Statistically the least like to commit another sexual offense, low risk offenders have typically only committed one offense, have completed sexual offender treatment, or have been in the community for a number of years without reoffending.
Undetermined - To make use of the most accurate and current information, risk levels are not assigned until a few months prior to an offenders release from prison. For offenders that come to North Dakota from another state or the federal prison system, it may take several weeks to gather the necessary records, assign the risk level, and provide the offender a due process hearing. Offenders whose risk level has not yet been assigned are classified as "undetermined".
Not Applicable - Offenders against children, who have not yet committed a sexually-related offense, do not get assigned a risk level. There are no actuarial tools that predict recidivism for these offenders.
 
Definitions:
 
  • Registered – An offender who has registered with local law enforcement and is living at the offender’s registration address or working or attending school in North Dakota.
  • Not Registered – An offender who has been identified as being required to register, but has failed to do so. The offender may or may not still be in North Dakota.
  • Incarcerated Registered – An offender who registered, but who was re-incarcerated for a probation violation or new crime.
  • Delinquent Registered – An offender who registered with law enforcement, but is no longer compliant. The offender may have moved, given false information, or refused to provide information.
  • Incarcerated Not Registered – An offender who has been identified as being required to register, but who will not register until after release from jail, prison, or treatment facility.
  • Out of State – An offender who was convicted or registered in North Dakota, but is now living out of state.
  
  Sexually Dangerous Individual:  
 

A sexually dangerous individual is someone who has been committed for custody and treatment by a court after making findings that the person 1) engaged in sexually predatory conduct, and 2) has a disorder or dysfunction making them likely to engage in further acts of sexually predatory conduct.

  
  Probation (PROB):  
 

A chance to remain free (or serve only a portion of a sentence) given by a judge to a person convicted of a crime instead of jail or prison, provided the person obeys certain conditions. Probation is only given under specific court-ordered terms, such as performing public service work, abstaining from liquor and drugs, paying a fine, maintaining good behavior, getting mental therapy, and reporting regularly to a probation officer. Violation of probation terms will usually result in the person being sent to jail for the normal term. Probation is not the same as "parole" which is early release under certain restrictions given to convicts at the end of their imprisonment by the state parole board.

  
  Suspended Sentence (SUSP):  
  In criminal law, a penalty applied by a judge to a defendant convicted of a crime which the judge provides will not be enforced (is suspended) if the defendant performs certain services, makes restitution to persons harmed, stays out of trouble, or meets other conditions. Should the defendant fail to follow these requirements, then the suspended sentence may be enforced.  
  County (CTY)

  Days (DYS)

  Hours (HRS)

  Missouri River Correctional Center (MRCC)

  Months (MOS)

  North Dakota State Penitentiary (NDSP)

  Supervised (SUPV)

  Unsupervised (UNSUPV)

 

Years (YRS)

 

Required Registration Period:

The registration period is a minimum of:

  • 15 years for LOW risk offenders;
  • 25 years of MODERATE risk offenders;
  • Lifetime for HIGH risk offenders; and
  • Lifetime if any one of the following three conditions is present:
    • The individual is a repeat felony sexual offender or offender against children.
    • The individual has pled guilty to, or been found guilty of an offense committed after August 1, 1999, which is Gross Sexual Imposition involving force or threat of serious bodily injury or kidnapping; Gross Sexual Imposition in which the offender is an adult and the victim is under age 12; or, which is Kidnapping and the adult offender is other than the victim's parent.
    • The individual has been civilly committed as a sexually dangerous individual under chapter 25-03.3, under the laws of another state, or by the federal government.

The period of registration begins after the date of sentencing, after the date of order deferring or suspending sentence upon a plea or finding of guilt, or after release from incarceration, whichever is later.

Disposition Abbreviation Key:

Concurrent Sentences (CONC): Sentences for more than one crime, which are to be served at one time. When a criminal defendant is convicted of two or more crimes, a judge sentences him/her to a certain period of time for each crime. Then out of compassion, leniency, plea bargaining, or the fact that the several crimes are interrelated, the judge will rule that the sentences may all be served at the same time, with the longest period controlling.

Count (CNT): Each separate charge in a criminal action, which standing alone, would allege a violation of law.

Deferred (DEF): Delayed, put off, postponed

Deferred Imposition (DEF): The postponement of the pronouncement of sentence until after the defendant has served a period of probation. If the defendant successfully completes probation, he/she is never sentenced.

Delinquent: Offenders are required to register with the chief of police of the city, or the sheriff of the county if the person resides in an area other than a city, within 3 days of arriving in that city or county. Periodically, after initial registration, offenders are also required to submit verification of their current information. Offenders are delinquent if they have changed their name, residence, employment, school, motor vehicles, E-mail, or social networking information and have not submitted proper registration to local law enforcement, or they have failed to submit verification of their current status. Delinquent offenders cannot be mapped, as their address is unknown.

Dismiss (DISM): The ruling by a judge that all or a portion (one or more of the counts) of the state's case is terminated (thrown out) at that point without further evidence or testimony. This order may be made before, during, or at the end of a trial, when the judge becomes convinced that the state has not and cannot prove its case. This can be based on the complaint failing to allege a crime, on a motion to dismiss or for judgment of acquittal or on some development in the evidence by either side that shows that the state's proof has failed to meet an element of the crime. The judge may dismiss on the court's own motion or upon motion by the defendant. The state may voluntarily dismiss a complaint before or during trial if the case is settled, if it is not provable or trial strategy dictates getting rid of a weak count. A defendant may be "dismissed" from a case involving several defendants.

Disposition (DISP): The sentencing or other final settlement of a criminal case.

Imposition (IMP): The act of declaring a sentence.

Non-Geocoded Address: These offenders have a known address and are compliant with registration requirements. Additional measures are underway to obtain the geocode for their address. A geocode is a geographical code to identify a point or area on the surface of the earth.

Offenders Against Children: Offenders Against Children are offenders who have not committed a sexual offense, but have committed felony crimes such as homicides, aggravated assaults, terrorizing, stalking, prostitution or kidnapping crimes.

Descriptions:

SEXUAL ASSAULT: Sexual assault, a form of sexual violence, is any involuntary sexual act in which a person is threatened, coerced, or forced to engage against their will, or any non-consensual sexual touching of a person. This includes rape (such as forced vaginal, anal or oral penetration or drug facilitated sexual assault), groping, forced kissing, child sexual abuse, or the torture of the victim in a sexual manner.

CHILD NEGLECT & ABUSE: Is the physical, sexual or emotional maltreatment or neglect of a child or children.[1] In the United States, the Centers for Disease Control and Prevention (CDC) and the Department for Children and Families (DCF) define child maltreatment as any act or series of acts of commission or omission by a parent or other caregiver that results in harm, potential for harm, or threat of harm to a child.[2] Child abuse can occur in a child's home, or in the organizations, schools or communities the child interacts with. There are four major categories of child abuse: neglect, physical abuse, psychological or emotional abuse, and sexual abuse.

GROSS SEXUAL IMPOSITION: Gross sexual imposition essentially means the act of causing someone to have sex against their will with someone other than the one charged with the imposition. Examples of this would be forcing someone into prostitution or drugging someone into unconsciousness to allow someone else to have sex with them. If this is connected to a rape case, it is usually charged against the individual(s) who held the victim down while someone else actually raped them.

CHILD MOLESTATION 1ST DEG: A person commits the crime of sexual abuse in the first degree when that person: Subjects another person to sexual contact and: The victim is less than 14 years of age; The victim is subjected to forcible compulsion by the actor; or the victim is incapable of consent by reason of being mentally defective, mentally incapacitated or physically helpless; or Intentionally causes a person under 18 years of age to touch or contact the mouth, anus or sex organs of an animal for the purpose of arousing or gratifying the sexual desire of a person. Sexual abuse in the first degree is a Class B felony.

INDECENT LIBERTIES WITH CHILD: Willfully takes or attempts to take any immoral, improper, or indecent liberties with any child of either sex under the age of 16 years for the purpose of arousing or gratifying sexual desire; or Willfully commits or attempts to commit any lewd or lascivious act upon or with the body or any part or member of the body of any child of either sex under the age of 16 years. Generally acts such as kissing, touching, exposing oneself, and even certain words used in conversation can rise to the level of immoral, improper or indecent liberties. Your friend's best defense will probably be the fact that he did not have the requisite intent. Meaning he did not willfully take or attempt these acts, since he did not take the initial action and he was not in a mental state (medication and alcohol) to do so, and he took act of immediately separating himself from the girl. There is no guarantee that this defense will work, but it will probably be his most successful route. Having said that, if he hasn't already done so, he needs to immediately consult with a local criminal law attorney to prepare his defense.

SEXUAL INTERCOURSE W/OUT CONSENT: A form of sexual violence, is any involuntary sexual act in which a person is threatened, coerced, or forced to engage against their will, or any non-consensual sexual touching of a person. This includes rape (such as forced vaginal, anal or oral penetration or drug facilitated sexual assault), groping, forced kissing, child sexual abuse, or the torture of the victim in a sexual manner.

INDECENT EXPOSURE: Is the deliberate exposure in public or in view of the general public by a person of a portion or portions of his or her body, in circumstances where the exposure is contrary to local moral or other standards of appropriate behavior. Social and community attitudes to the exposing of various body parts and laws covering what is referred to as indecent exposure vary significantly in different countries. It ranges from prohibition of exposure of genital areas, buttocks and female breasts. In some conservative countries, especially in the Middle East, the exposure of any part of the female body is considered indecent. Not all countries have indecent exposure laws.

ATTEMPTED SEXUAL ASSAULT: A statutory offense that provides that it is a crime to knowingly cause another person to engage in an unwanted sexual act by force or threat; "most states have replaced the common law definition of rape with statutes defining sexual assault"

CRIMINAL SEXUAL PENETRATION: Sexual penetration is a sexual activity that involves the entry into a person's bodily orifice, such as the vagina, anus or mouth, with a body part of another person or an object.

RAPE: Is a type of sexual assault usually involving sexual intercourse (or other forms of sexual penetration) initiated against one or more individuals without the consent of those individuals. The act may be carried out by physical force, coercion, abuse of authority or against a person who is incapable of valid consent, such as one who is unconscious, incapacitated, or below the legal age of consent.[1][2][3][4] The term rape is sometimes used interchangeably with term sexual assault[5] or other terms such as sexual coercion, sexual abuse, sexual violence, etc. The persistent terminological inconsistencies within the sexual misconduct literature have been criticized as making comparisons across studies difficult, as these terms are sometimes used synonymously, but other times refer to different categories of behavior.

CONDUCT WITH A MINOR CHILD: A person commits sexual conduct with a minor by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person who is under eighteen years of age. Sexual conduct with a minor who is under fifteen years of age is a class 2 felony and is punishable pursuant to section 13-705. Sexual conduct with a minor who is at least fifteen years of age is a class 6 felony. Sexual conduct with a minor who is at least fifteen years of age is a class 2 felony if the person is or was the minor's parent, stepparent, adoptive parent, legal guardian or foster parent or the minor's teacher or clergyman or priest and the convicted person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed has been served or commuted.

GROSS SEXUAL EXPLOITATION: Sexual exploitation is the sexual abuse of children and youth through the exchange of sex or sexual acts for drugs, food, shelter, protection, other basics of life, and/or money. Sexual exploitation includes involving children and youth in creating pornography and sexually explicit websites. While the Criminal Code of Canada defines sexually exploited youth as under 18 years of age, the Child, Family and Community Service Act is applicable to youth under age 19. Therefore, youth who are under 19 years old are able to access services through the Ministry of Children and Family Development.

CRIMINAL SEXUAL CONDUCT: A form of sexual violence, is any involuntary sexual act in which a person is threatened, coerced, or forced to engage against their will, or any non-consensual sexual touching of a person. This includes rape (such as forced vaginal, anal or oral penetration or drug facilitated sexual assault), groping, forced kissing, child sexual abuse, or the torture of the victim in a sexual manner.

FELONIOUS RESTRAINT: A person commits the crime of felonious restraint if he knowingly restrains another unlawfully and without consent so as to interfere substantially with his liberty and exposes him to a substantial risk of serious physical injury.

SEXUAL ABUSE OF MINOR: Child sexual abuse or child molestation is a form of child abuse in which an adult or older adolescent uses a child for sexual stimulation.[1][2] Forms of child sexual abuse include asking or pressuring a child to engage in sexual activities (regardless of the outcome), indecent exposure (of the genitals, female nipples, etc.) to a child with intent to gratify their own sexual desires or to intimidate or groom the child, physical sexual contact with a child, or using a child to produce child pornography.

ORAL COPULATIONW/ PERSON UNDER 16: Using force or fear of immediate and unlawful bodily injury on the victim or another person; or threatening to retaliate in the future against the victim or any other person; or where the victim was incapable, because of a mental disorder or developmental or physical disability, of giving legal consent.

The information on this Web site is current and updated in real time as it is reported by local law enforcement agencies.