1. As used in this section: a. "Adult-oriented performance" means a performance that, regardless of whether or not performed for consideration, is intended to appeal to a prurient interest and features: (1) The purposeful exposure, whether complete or partial, of: (a) A human genital, the pubic region, the human buttocks, or a female breast, if the breast is exposed below a point immediately above the top of the areola; or (b) Prosthetic genitalia, breasts, or buttocks; or (2) Sexual conduct. b. "Public property" means real property in which a state agency or a political subdivision has an ownership interest. 2. A person is guilty of a class A misdemeanor for a first offense and a class C felony for a second or subsequent offense if the person organizes an adult-oriented performance: a. On public property; or b. At a business establishment frequented by minors, or where minors are or may be invited as a part of the general public.
12.1-27.1-03.5. Public libraries prohibited from maintaining explicit sexual material - Report. 1. As used in this section: a. "Explicit sexual material" means any material which: (1) Taken as a whole, appeals to the prurient interest of minors; (2) 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 (3) Taken as a whole, lacks serious literary, artistic, political, or scientific value for minors.
b. "Public library" means a library established under chapter 40-38. 2. A public library may not maintain in its children's collection inventory books that contain explicit sexual material. 3. By January 1, 2024, each public library shall develop a policy and process for reviewing library collections to ensure conformance with the requirements of this section. The policy must include a procedure: a. For the removal or relocation of explicit sexual material in the public library; b. For the development of a book collection that is appropriate for the age and maturity levels of the individuals who may access the materials, and which is suitable for, and consistent with, the purpose of the library; c. For the public library to receive, evaluate, and respond to a request from an individual regarding the removal or relocation of one or more of the books or other materials in the library collection containing explicit sexual material; and d. To periodically review the library collection to ensure the library collection does not contain explicit sexual material in the children's collection. 4. Each public library shall provide a compliance report to the legislative management before May 1, 2024, on the implementation of collection development and relocation of materials policies as required by this section and to ensure sufficient compliance with this section.