A person generally commits the criminal offense of sexual assault of a child—regardless of whether the person knows the age of the child at the time of the offense—if the person (1) causes the penetration of the anus or sexual organ of a child by any means; (2) causes the penetration of the mouth of a child by the sexual organ of the person; (3) causes the sexual organ of the child to contact or penetrate the mouth, anus, or sexual organ of the person or another person; (4) causes the anus of a child to contact the mouth, anus, or sexual organ of the person or another person; or (5) causes the mouth of a child to contact the anus or sexual organ of the person or another person.

The naming and definition of the criminal offense of sexual assault of a child varies from state to state. These criminal offenses are generally located in a state’s statutes—often in the penal or criminal code.

In North Dakota, the criminal offense of sexual assault of a child is addressed under the state's penal code, specifically within the provisions related to sexual offenses. The state defines various forms of sexual conduct with a minor that constitute sexual assault, including any form of sexual penetration or contact between a child and an adult, as described in the scenarios (1) through (5). North Dakota law does not require the perpetrator to have knowledge of the child's age for the offense to be considered sexual assault of a child. These offenses are taken very seriously and are subject to severe penalties, including lengthy prison sentences and registration as a sex offender. The exact charges and penalties can vary based on the specific circumstances of the case, such as the age of the child, the nature of the act, and the presence of any aggravating factors. An attorney specializing in criminal defense or one with experience in sex crimes would be able to provide more detailed information on the statutes and potential defenses.