The criminal offense of sexual assault generally involves forced sexual intercourse, sodomy, or other sexual penetration of another person—against the person’s will and without the person’s consent.

Sexual assault laws vary from state to state, and in some states the traditional criminal offense of rape is defined as the criminal offense of sexual assault. In some states the touching, groping, or pinching of the body of another person without the person’s consent and for purposes of sexual gratification is defined as sexual assault—and in other states such nonconsensual sexual contact is defined as the criminal offense of sexual battery or forcible touching, for example.

Sexual assault and related criminal offenses are generally located in a state’s statutes—often in the penal or criminal code.

In North Dakota, sexual assault is defined under the state's criminal statutes, specifically in Chapter 12.1-20 of the North Dakota Century Code. The law categorizes various forms of sexual assault based on the nature of the act and the circumstances surrounding it. For instance, 'Gross Sexual Imposition' (Section 12.1-20-03) is a term used in North Dakota that is equivalent to what is commonly referred to as rape in other jurisdictions, involving forced sexual intercourse, sodomy, or sexual penetration without consent. Additionally, 'Sexual Assault' (Section 12.1-20-07) in North Dakota law refers to an act that involves sexual contact without penetration and without consent, which can include touching, groping, or similar actions for sexual gratification. The severity of the charges and the penalties upon conviction can vary widely, ranging from misdemeanors to felonies, depending on factors such as the use of force, the presence of threats, the age of the victim, and whether the perpetrator was in a position of authority over the victim.