North Dakota Code § 12.1-32-04.1

Gross sexual imposition - Deferred imposition of sentence
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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.

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