N.D. Cent. Code § 12.1-32-04.1
12.1-32-04.1. Gross sexual imposition - Deferred imposition of sentence
12.1-32-04.1. Gross sexual imposition - Deferred imposition of sentence
A person who violates subdivision d of subsection 1 or subdivision a of subsection 2 of
section 12.1-20-03 may not receive a deferred imposition of sentence unless that person proves
at sentencing by clear and convincing evidence that that person reasonably believed the victim
to be fifteen years of age or older.