Confidentiality of testimony
N.D. Cent. Code § 12.1-35-05.2
in effect12.1-35-05.2. 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.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t12-1c35.pdf#nameddest=12p1-35-05p2Fetched: 10/16/2026