As used in this section and in section 12.1-27.1-03: 1. "Promote" means to produce, direct, manufacture, issue, sell, lend, mail, publish, distribute, exhibit, or advertise. 2. "Harmful to minors" means that quality of any description or representation, in whatever form of sexual conduct or sexual excitement, when such description or representation: a. Considered as a whole, appeals to the prurient sexual interest of minors; b. Is patently offensive to prevailing standards in the adult community in North Dakota as a whole with respect to what is suitable material for minors; and c. Considered as a whole, lacks serious literary, artistic, political, or scientific value for minors. 3. "Sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal.
12.1-27.1-03. Promoting obscenity to minors - Minor performing in obscene performance - Classification of offenses. 1. It is a class C felony for a person, knowing of its character, to recklessly promote to a minor any material or performance which is harmful to minors, or to admit a minor to premises where a performance harmful to minors is exhibited or takes place. 2. It is a class C felony to permit a minor to participate in a performance which is harmful to minors.
12.1-27.1-03.1. Objectionable materials or performance - Display to minors - Definitions - Penalty. 1. A person is guilty of a class B misdemeanor if he willfully displays at newsstands or any other business establishment frequented by minors, or where minors are or may be invited as a part of the general public, any photograph, book, paperback book, pamphlet, or magazine, the exposed cover or available content of which exploits, is
devoted to, or is principally made up of depictions of nude or partially denuded human figures posed or presented in a manner to exploit sex, lust, or perversion for commercial gain. 2. As used in this section: a. "Nude or partially denuded human figures" means less than completely and opaquely covered human genitals, pubic regions, female breasts or a female breast, if the breast or breasts are exposed below a point immediately above the top of the areola, or human buttocks; and includes human male genitals in a discernibly turgid state even if completely and opaquely covered. b. "Where minors are or may be invited as a part of the general public" includes any public roadway or public walkway. c. The above shall not be construed to include a bona fide school, college, university, museum, public library, or art gallery.
12.1-27.1-03.2. Exhibition of X-rated motion picture in unscreened outdoor theater - Penalty. Any person who, knowing of its character, exhibits any motion picture rated X by the motion picture association of America in any outdoor theater where the screen is visible beyond the limits of the theater audience area, so that the motion picture may be seen and its content or character distinguished by normal unaided vision by a minor viewing it from beyond the limits of the theater audience area, is guilty of a class B misdemeanor.
12.1-27.1-03.3. Creation, possession, or dissemination of sexually expressive images prohibited - Exception - Civil action. 1. A person is guilty of a class A misdemeanor if, knowing of its character and content, that person: a. Without written consent from each individual who has a reasonable expectation of privacy in the image, surreptitiously creates or willfully possesses a sexually expressive image that was surreptitiously created; or b. Distributes or publishes, electronically or otherwise, a sexually expressive image with the intent to cause emotional harm or humiliation to any individual depicted in the sexually expressive image who has a reasonable expectation of privacy in the image, or after being given notice by an individual or parent or guardian of the individual who is depicted in a sexually expressive image that the individual, parent, or guardian does not consent to the distribution or publication of the sexually expressive image. 2. A person is guilty of a class B misdemeanor if, knowing of its character and content, that person acquires and knowingly distributes any sexually expressive image that was created without the consent of the subject of the image. 3. This section does not authorize any act prohibited by any other law. If the sexually expressive image is of a minor and possession does not violate section 12.1-27.2-04.1, a parent or guardian of the minor may give permission for a person to possess or distribute the sexually expressive image. 4. This section does not apply to any book, photograph, video recording, motion picture film, or other visual representation sold in the normal course of business through wholesale or retail outlets that possess a valid sales tax permit or used by an attorney, attorney's agent, or any other person obtaining evidence for a criminal investigation or pending civil action, or by a medical professional or a peace officer acting within that individual's scope of employment. 5. Nothing in this section may be construed to impose liability on a provider of an interactive computer service, as defined under 47 U.S.C. 230, or an information service or telecommunication service, as defined under 47 U.S.C. 153, for content provided by another person. 6. A depicted individual who is identifiable and who suffers harm from a person's violation of this section has a cause of action against the person if the person produced, possessed, distributed, promoted, advertised, sold, exhibited, broadcasted, or
transmitted the sexually expressive image for the purpose of sexual arousal, sexual gratification, humiliation, degradation, or monetary or commercial gain. a. The court may order the filing party to redact from all pleadings and documents filed in the action other identifying characteristics of the plaintiff. b. A party to whom subdivision a applies shall file with the court and serve on all other parties a redacted and unredacted version of the filing and a confidential information form that includes the redacted plaintiff's name and other identifying characteristics. c. The court may make further orders as necessary to protect the identity and privacy of a plaintiff. 7. In an action under subsection 6, a prevailing plaintiff may recover: a. The greater of: (1) Economic and noneconomic damages proximately caused by the defendant's violation of this section, including damages for emotional distress whether or not accompanied by other damages; or (2) Statutory damages not to exceed ten thousand dollars against each defendant found liable under this section; b. An amount equal to any monetary gain made by the defendant from the distribution, promotion, advertising, sale, exhibition, broadcasting, or transmission of the sexually expressive image; and c. Exemplary damages. 8. In an action under subsection 6, the court may award a prevailing plaintiff: a. Reasonable attorney fees and costs; and b. Other remedies available by law, including injunctive relief. 9. This chapter does not affect or preclude any other right or remedy available under federal law or a law of this state other than this section.