Code § 12.1-20-04
12.1-20-04. Sexual imposition.
A person who engages in a sexual act or sexual contact with another, or who causes another to engage in a sexual act or sexual contact, is guilty of a class
B felony if the actor:
- Compels the other person to submit by any threat or coercion that would render a person reasonably incapable of resisting; or
- Engages in a sexual act or sexual contact with another, whether consensual or not, as part of an induction, initiation, ceremony, pledge, hazing, or qualification to become a member or an associate of any criminal street gang as defined in section 12.1-06.2-01.
Code § 12.1-20-06.1
12.1-20-06.1. Sexual exploitation by therapist – Definitions -Penalty
Any person who is or who holds oneself out to be a therapist and who intentionally has sexual contact, as defined in section 12.1-20-02, with a patient or client during any treatment, consultation, interview, or examination is guilty of a class C felony. Consent by the complainant is not a defense under this section. A complaint of a violation of this section may be made to the police department of the city in which the violation occurred, the sheriff of the county in which the violation occurred, or the bureau of criminal investigation. Local law enforcement agencies and the bureau of criminal investigation shall cooperate in investigations of violations of this section. As used in this section, unless the context or subject matter otherwise requires:
1.”Psychotherapy” means the diagnosis or treatment of a mental or emotional condition, including alcohol or drug addiction.
2.”Therapist” means a physician, psychologist, psychiatrist, social worker, nurse,
chemical dependency counselor, member of the clergy, or other person, whether
licensed or not by the state, who performs or purports to perform psychotherapy.