Last edited: March 06, 2005

 

North Dakota

  • Statute: Repealed 1975

In 1973, the North Dakota legislature adopted a comprehensive criminal code revision1 that repealed the state’s consensual sodomy law,2 retained the abrogation of common-law crimes,3 and established an age of consent of 18.4 Unfortunately, the new code also contained a disorderly conduct provision outlawing the solicitation of sexual contact while "loitering in a public place for the purpose of soliciting sexual contact[.]"5

--Excerpted from Sensibilities of Our Forefathers by George Painter

1 Laws of North Dakota 1973, ch. 117, adopted Mar. 28, 1973, effective July 1, 1975. The sexual offenses were enacted in a separate law from the rest of the code. The remainder of the new code was Chapter 116, enacted the same day.

2 Id. ch. 117. North Dakota Century Code Chapter 12.1-20 covers sexual offenses now.

3 Laws of North Dakota 1973, ch. 116, at 220, 12.1-02-01.

4 Id. ch. 117, at 303, 12.1-20-05.

5 Id. ch. 116, 30, codified as 12.1-31-01 (6).


History

            1917     The most bizarre language ever found in a U.S. sodomy case is in a concurring opinion in a case in which a conviction for heterosexual cunnilingus is upheld. The judge complained that the girl involved was not given even a peanut.  


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