Sexual assault is generally forced sexual intercourse, sodomy, or other sexual penetration of another person—against the person’s will and without the person’s consent. And although precise definitions and punishments vary from state to state, the criminal offense of aggravated sexual assault generally includes aggravating circumstances that increase the severity of the sexual assault—such as when the assailant or perpetrator uses, displays, or threatens the victim with a deadly weapon (a gun or knife); when the assailant uses a rape drug to incapacitate the victim; or when the victim is a child under a certain age, as defined by the statute.

In North Dakota, sexual assault is legally referred to as 'gross sexual imposition' and is defined under North Dakota Century Code 12.1-20-03. The law states that a person is guilty of this offense if they engage in a sexual act with another person, or cause another person to engage in a sexual act, by force or threat of force, or when the victim is unaware that a sexual act is being committed, or when the victim is physically or mentally incapable of consenting. Aggravated circumstances, such as the use of a deadly weapon, administering a substance to incapacitate the victim, or if the victim is a minor under a certain age, can elevate the charge to a more severe category with harsher penalties. The age of the victim is a significant factor, and the law provides different age thresholds for different circumstances. Penalties for sexual assault in North Dakota can range from a class A misdemeanor to a class AA felony, depending on the severity of the offense and the presence of aggravating factors.