A Wahpeton man was sentenced Monday, Jan. 11 on one count of gross sexual imposition.
Oscar Eladio Zubiate, Jr., 33, will serve eight years in the confinement of the North Dakota Corrections and Rehabilitation. As of Wednesday, Jan. 13, he is currently confined in the Richland County Jail, awaiting transfer to the state prison. Zubiate has received credit for 274 days served as of Jan. 11.
Zubiate was accused of engaging in a sexual act with another, or causing another to engage in a sexual act, with a victim who was less than 15 years old, Daily News previously reported. A Wahpeton Police Department investigation and victim statements stated the sexual act Zubiate was sentenced for occurred on April 8, 2020 in Wahpeton. He entered a guilty plea in October 2020.
Once released from the Department of Corrections and Rehabilitation, Zubiate would be on supervised probation for 10 years. He will also be required to register as a sex offender, Richland County State’s Attorney Megan Kummer said.
Prior to Zubiate’s release from prison, the state of North Dakota would determine his risk level and how long he would have to register as a sex offender. Risk levels are determined by the state, not by a county or any other jurisdiction.
Public Defender Don Krassin represented Zubiate. Assistant State’s Attorney Casey Moen represented the state of North Dakota. Judge Bradley Cruff presided.
Gross sexual imposition involving a sexual act, a victim under age 15 and a defendant 22 years or older is a class AA felony. The minimum penalty is five years incarceration and requirement to register as a sex offender. The maximum penalty for a class AA felony is life imprisonment without parole.