N.D. Cent. Code § 12.1-35-05.2: Confidentiality of testimony

In any criminal proceeding in which the defendant is charged with a violation of chapter 12.1-20 involving a child, the court, upon the motion of the prosecuting attorney, shall conduct a hearing to determine whether the testimony of and relating to a child may be closed to the public in order to protect the child's reputation. In making the determination to close the proceedings, the court shall consider:

1.The nature and seriousness of the offense;

2.The age of the child;

3.The extent to which the size of the community would preclude the anonymity of the victim;

4.The likelihood of public opprobrium due to the status of the victim;

5.Whether the prosecution has demonstrated a substantial probability that the identity of the witness would otherwise be disclosed to the public during the proceeding and that the disclosure would cause serious harm to the witness;

6.Whether the witness has disclosed information concerning the case to the public through press conferences, public meetings, or other means; and

7.Any other factor the court may find necessary to protect the interests of justice.