Sexual abuse of a child is generally defined as physical contact or other interaction between a child (under age 17, for example) and an adult when the child is being used for the sexual stimulation or pleasure of the perpetrator or another person. In addition to physical contact, sexual abuse of a child may include (1) the exposure of the genitals of an adult in the presence of a child, (2) the exposure of the genitals of a child, (3) using a child in making pornography, or (4) making a child view sexual acts or pornography.
And in some states multiple instances of sexual contact between an adult and a child may constitute the enhanced criminal offense of continual sexual abuse of a child—which is sometimes a first-degree felony offense.
In North Dakota, sexual abuse of a child is addressed under various statutes that criminalize sexual acts with minors. According to North Dakota Century Code (NDCC) Section 12.1-20-03, an individual may be charged with Gross Sexual Imposition if they engage in a sexual act with a victim less than 15 years old, or if they engage in sexual acts with a minor and the act is perpetrated by force or threat of force, among other circumstances. The law also criminalizes sexual acts with minors aged 15 or 16 if the perpetrator is in a position of authority over the child or if the perpetrator is a household or family member. The exposure of genitals to a minor, as well as involving a child in the creation of pornography, is prohibited under NDCC 12.1-27.2, which covers Dissemination and Display of Obscene Material to Minors. Continual sexual abuse of a child is not specifically defined as a separate offense in North Dakota, but repeated acts of sexual abuse can lead to multiple charges or can be considered as aggravating factors in sentencing. The state also has laws against luring minors by computer (NDCC 12.1-20-05.1) and corruption or solicitation of minors (NDCC 12.1-20-05). Penalties for these offenses vary, with some being classified as felonies that can result in significant prison time.