North Dakota

Population

672,591

Population 0‑18

22.3%

Internet Users

88.9%
* Statistics provided by CIA.gov, Internet World Stats and GSMA Intellligence

2009 - One of the goals of the state’s 2009-2012 Educational Technology Plan is to increase educators’ use of appropriate technologies to improve their teaching techniques.12 Purposeful professional development opportunities showcasing how technology is aligned with student learning standards and goals, integrating it into the curriculum, will support student success and create new learning possibilities. The North Dakota Educational Technology Council (ND ETC) and the DPI work together to create these opportunities, and in 2009 alone they organized 450 workshops covering 94 different topics, delivered by EduTech. Almost 3,000 teachers from 134 districts attended these courses. Furthermore, the Educational Technology Plan also envisages learning environment that include effective technology infrastructures for teachers and students alike. This includes maintain a student-to-computer ratio better than 3.5:1 by introducing hand-held devices or mobile labs.

2011 - North Dakota’s 2011 Draft Content Standards for Library and Technology Literacy show that Internet safety is taught at all ages at varying levels. As part of the Responsible Use of Information and Technology strand, the Digital Citizenship and Safety cluster introduces students from as early as kindergarten to the concept of netiquette, safe behavior in electronic communication and interaction, as well as cyberbullying and privacy protection. From Grade 6 the topic is covered in even greater depth when broader discussions around ethics and plagiarism are added to the curriculum.

This section contains details of the state’s laws as they relate to sexual offenses, children and the use of the Internet in the commission of criminal activity. Where possible, sentence details have been given, including whether an increased custodial penalty is imposed where the victim is a child.

In North Dakota felonies carry the following terms of imprisonment, which may be accompanied by a fine.

  • Class AA felony: life imprisonment.
  • Class A felony: maximum of 20 years’ imprisonment, $10,000 fine.
  • Class B felony: maximum of ten years’ imprisonment , $10,000 fine.
  • Class C felony: maximum of five years’ imprisonment, $5,000 fine.

Misdemeanors carry the following terms of imprisonment, which may also be accompanied by a fine.

  • Class A misdemeanor: maximum of one year’s imprisonment, $2,000 fine.
  • Class B misdemeanor: maximum of 30 days’ imprisonment, $1,000 fine.

  • North Dakota Century Code (ND CC) 12.1-17-07. Harassment. States that it is an offense to communicate (including via the Internet) threats of bodily injury to another person with intent to frighten or harass them. This is deemed to be a class A misdemeanor.

  • ND CC 12.1-17-07.1. Stalking. This section states that it is a crime to engage in an intentional course of conduct directed at a specific person which frightens, intimidates, or harasses that person. This is a class A misdemeanor for a first offense and a class C felony for subsequent offenses.

  • ND CC 12.1-20-03. Gross Sexual Imposition – Penalty. States, among other things, that it is unlawful to engage in a sexual act or sexual contact with a person under the age of fifteen or where the victim is forced to do so as a result of threats. Where serious injury results or the offender is aged 22 or above and the victim is under fifteen, then the offender is guilty of a class AA felony. This incurs a minimum term of imprisonment of 20 years if the offender used force or threats, followed by a mandatory probationary period upon release. Other violations of this section which are deemed less serious are classified as a class A felony.

  • ND CC 12.1-20-03.1. Continuous Sexual Abuse of a Child. States that any adult aged 22 or above who engages in three or more sexual acts or contacts with a minor under the age of fifteen during a period of three or more months is guilty of a AA felony. If the offender is under the age of 22 this is deemed to be a class A felony.

  • ND CC 12.1-20-04. Sexual Imposition. Defines, among other things, the offense as compelling another person by threat or coercion to engage in a sexual act or sexual contact with another person. This is deemed to be a class B felony.

  • ND CC 12.1-20-05. Corruption or Solicitation of Minors. This section states that where an adult engages in or solicits another to engage in a sexual act with a minor aged fifteen or over, they are guilty of a class A misdemeanor. Where the offender is over 22 or the victim is under the age of fifteen, then it is a class C felony. Where this is done within 50 feet to a school it becomes a class B felony.

  • ND CC 12.1-20-05.1. Luring Minors by Computer or Other Electronic Means. States that it is a crime if any adult communicates with a minor electronically on subjects that implicitly or explicitly discuss nudity, sexual acts, sexual contact, sadomasochistic abuse, or other sexual performances, and subsequently utilizes that electronic communication to invite or induce a minor to engage in any of the above mentioned acts. Where the offender is 22 or older and the minor is under fifteen this is a class B felony. It is a class C felony if the offender is 22 or older and the victim is aged between fifteen and seventeen, or if the offender is under the age of 22 and reasonably believes the child to be under the age of fifteen. Where the accused is under 22 and the victim is aged between fifteen and seventeen, it is a class A misdemeanor. Anyone found guilty of a class B or C felony under this section incurs a minimum penalty of one year’s imprisonment, unless the offender did not take a “substantial step” toward actually meeting the minor. Involved ISPs or cell phone companies may be ordered to provide subscriber information to assist the law enforcement agencies.

  • ND CC 12.1-20-07. Sexual Assault. States that it is a crime to knowingly have sexual contact with another person, believing that it is offensive to that person, or where the victim is a minor over fifteen and the offender is an adult. This may be sentenced in line with a class C felony where the offender is over 22 and a class A misdemeanor where the offender is aged eighteen or over but under 22.

  • ND CC 12.1-20-08. Fornication. States that an individual is guilty of a class A misdemeanor if they engage in a sexual act in a public place. A minor engaging in a sexual act is guilty of a class B misdemeanor unless the act is committed in violation of sections 12.1-20-01 through 12.1-20-07.

  • ND CC 12.1-20-12. Deviate Sexual Act. States that it is a crime to engage in a deviate sexual act with the intent to arouse or gratify sexual desire. This is a class A misdemeanor.

  • ND CC 12.1-20-12.1. Indecent Exposure. This section states that a person, with intent to arouse, appeal to, or gratify their person’s lust, passions, or sexual desires, is guilty of a class A misdemeanor if they masturbate in a public place or expose their genitals in a public or private place in the presence of a minor. When this is committed within 50 feet of a school it is a class B felony.

  • ND CC 12.1-20-12.2. Surreptitious Intrusion. States, among other things, that it is an offense to enter another’s property with the intent to gratify the offender’s lust, passions, or sexual desires by intruding upon the others privacy and watching or recording them. This is a class A misdemeanor for a first offense and a class C felony for future convictions.

  • ND CC 12.1-20-25. Sexual Offender Presence Near Schools Prohibited. This section prohibits convicted sex offenders from entering public school property unless under specific defined circumstances. A violation of this section is considered a class A misdemeanor.

  • ND CC 12.1-27.1-01. Obscenity – Definitions – Dissemination – Classification of Offenses. States, among other things, that a person is guilty of a class C felony if they disseminate or direct obscene material. Individuals may also be fined up to $10,000 and commercial enterprises up to $25,000 for a first offense, and $50,000 or $100,000 respectively for any subsequent offense.

  • ND CC 12.1-27.1-03. Promoting Obscenity to Minors – Minor Performing in Obscene Performance – Classification of Offenses. States that it is a class C felony to promote to a minor any material or performance which is harmful to them, or to admit a minor to premises where a harmful performance is taking place.

  • ND CC 12.1-27.1-03.1. Objectionable Materials or performance – Display to Minors – Definitions - Penalty. This section states that it is unlawful to display material that is harmful to minors at a newsstand or business frequented by minors. It is deemed to be a class B misdemeanor.

  • ND CC 12.1-27.1-03.3. Creation, Possession, or Dissemination of Sexually Expressive Images Prohibited – Exception. Declares it to be unlawful to distribute or publish, including electronically, a sexually expressive image with intent to cause humiliation or emotional harm to the depicted, who has a reasonable expectation of privacy in the image, or after being given notice that the person depicted does not consent to the distribution. It is also unlawful to surreptitiously create or possess such an image. This is deemed to be a class A misdemeanor.

  • ND CC 12.1-27.2-02. Use of a Minor in a Sexual Performance. States that it is a class B felony to engage, allow, induce or employ a minor to take part in a sexual performance. It is a class A felony if the adult also portrays the adult to be a minor.

  • ND CC 12.1-27.2-03. Promoting or Directing an Obscene Sexual Performance by a Minor. It is a crime to direct, produce or promote a performance which includes sexual conduct by a person who was a minor at the time of the performance. This is a class B felony.

  • ND CC 12.1-27.2-04. Promoting a Sexual Performance by a Minor. Defines the offense of promoting, producing or directing a performance which includes sexual conduct by a minor. This is deemed to be a class B felony.

  • ND CC 12.1-27.2-04.1. Possession of Certain Materials Prohibited. States that a person is guilty of this offense if they possess any visual representation of a child engaged in sexual conduct. This is deemed to be a class C felony.

  • ND CC 12.1-27.2-04.2. Sexual Performance by a Minor – Enhanced Penalties. Imposes a fine of $10,000 ($50,000 for subsequent convictions) for an individual and a fine of $25,000 ($100,000 subsequently) for a corporation for any offense under the above sections concerning a sexual performance by a minor.

  • ND CC 15.1-19-18. Bullying – Prohibition by Policy. Requires each school district to adopt an anti-bullying policy, which specifically includes cyberbullying, by July 1, 2012. The policy has to prohibit any acts of bullying and contain reporting procedures as well as reprisal or retaliation measures. Additionally, the school district has to ensure that the policy and its implications are explained to and discussed with students.

  • ND CC 15.1-19.20. Bullying Prevention Program. Requires each school district to provide bullying prevention programs to all students, from Kindergarten through to Grade 12.