N.D. Cent. Code § 12.1-32-04.1: Gross sexual imposition - Deferred imposition of sentence

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.