Court-ordered sexual offense medical testing
N.D. Cent. Code § 23-07.7-01
in effect23-07.7-01. Court-ordered sexual offense medical testing
1. The court may order any defendant charged with a sex offense under chapter 12.1-20
and any alleged juvenile offender with respect to whom a petition has been filed in a
juvenile court alleging violation of chapter 12.1-20 to undergo medical testing to
determine whether the defendant or alleged juvenile offender has any sexually
transmitted diseases, including a test for infection with the human immunodeficiency
virus or any other identified positive agent of acquired immunodeficiency syndrome.
The court may not order a defendant charged with violating section 12.1-20-12.1 or
12.1-20-13 or an alleged juvenile offender with respect to when a petition has been
filed in a juvenile court alleging violation of section 12.1-20-12.1 or 12.1-20-13 to
undergo the testing authorized by this section. The court may order the testing only if
the court receives a petition from the alleged victim of the offense or from the
prosecuting attorney if the alleged victim has made a written request to the
prosecuting attorney to petition the court for an order authorized under this section. On
receipt of a petition, the court shall determine, without a hearing, if probable cause
exists to believe that a possible transfer of a sexually transmitted disease or human
immunodeficiency virus took place between the defendant or alleged juvenile offender
and the alleged victim. If the court determines probable cause exists, the court shall
order the defendant or alleged juvenile offender to submit to testing and that a copy of
the test results be released to the defendant's or alleged juvenile offender's physician
and each requesting victim's physician.
2. If a defendant is charged with a sexual offense under chapter 12.1-20 in which the
alleged victim is compelled by force or threat to engage in sexual activity or sexual
contact, the prosecuting attorney shall inform the alleged victim that the alleged victim
may request that a test for infection with the human immunodeficiency virus or any
other identified agent of acquired immunodeficiency syndrome be administered to the
defendant. If the alleged victim requests that the test be administered, the prosecuting
attorney shall notify the court. The court shall order that the test be administered within
forty-eight hours after the date the complaint or information is filed or after the
defendant's initial appearance.
3. If a test is ordered under subsection 1 or 2, the physicians for the defendant or alleged
juvenile offender and requesting alleged victim must be specifically named in the court
order, and the court order must be served on the physicians before any test.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t23c07-7.pdf#nameddest=23-07p7-01Fetched: 10/16/2026