Terms Used In North Dakota Code > Chapter 12.1-20 - Sex Offenses

• action: means a bodily movement, whether voluntary or involuntary. See North Dakota Code 12.1-01-04
• Actor: includes , where relevant, a person guilty of an omission. See North Dakota Code 12.1-01-04
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Bodily injury: means any impairment of physical condition, including physical pain. See North Dakota Code 12.1-01-04
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conviction: A judgement of guilt against a criminal defendant.
• Court: means any of the following courts: the supreme court, a district court, and where relevant, a municipal court. See North Dakota Code 12.1-01-04
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Donor: The person who makes a gift.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Female: means a girl, woman, or an individual whose biological reproductive system is developed to produce ova. See North Dakota Code 1-01-49
• following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
• Force: means physical action. See North Dakota Code 12.1-01-04
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Individual: means a human being. See North Dakota Code 1-01-49
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Local: means of or pertaining to any political subdivision of the state. See North Dakota Code 12.1-01-04
• Male: means a boy, man, or an individual whose biological reproductive system is developed to produce sperm. See North Dakota Code 1-01-49
• Manifest injustice: means a specific finding by the court that the imposition of sentence is unreasonably harsh or shocking to the conscience of a reasonable individual, with due consideration of the totality of circumstances. See North Dakota Code 12.1-01-04
• Offense: means conduct for which a term of imprisonment or a fine is authorized by statute after conviction. See North Dakota Code 12.1-01-04
• person: includes , where relevant, a corporation, limited liability company, partnership, unincorporated association, or other legal entity. See North Dakota Code 12.1-01-04
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Property: includes property, real and personal. See North Dakota Code 1-01-49
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Serious bodily injury: means bodily injury that creates a substantial risk of death or which causes serious permanent disfigurement, unconsciousness, extreme pain, permanent loss or impairment of the function of any bodily member or organ, a bone fracture, or impediment of air flow or blood flow to the brain or lungs. See North Dakota Code 12.1-01-04
• State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
• Subpoena: A command to a witness to appear and give testimony.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• United States: includes the District of Columbia and the territories. See North Dakota Code 1-01-49
• written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
• year: means twelve consecutive months. See North Dakota Code 1-01-33