N.D. Cent. Code § 12.1-35-05.2
12.1-35-05.2. Confidentiality of testimony
12.1-35-05.2. Confidentiality of testimony
In any criminal proceeding in which the defendant is charged with a violation of chapter
12.1-20 involving a child, the court, upon the motion of the prosecuting attorney, shall conduct a
hearing to determine whether the testimony of and relating to a child may be closed to the public
in order to protect the child's reputation. In making the determination to close the proceedings,
the court shall consider:
1.
The nature and seriousness of the offense;
2.
The age of the child;
3.
The extent to which the size of the community would preclude the anonymity of the
victim;
4.
The likelihood of public opprobrium due to the status of the victim;
5.
Whether the prosecution has demonstrated a substantial probability that the identity of
the witness would otherwise be disclosed to the public during the proceeding and that
the disclosure would cause serious harm to the witness;
6.
Whether the witness has disclosed information concerning the case to the public
through press conferences, public meetings, or other means; and
7.
Any other factor the court may find necessary to protect the interests of justice.