53 chapters · 389 sections in this title.
N.D.C.C. § 12.1-27.1-01 Obscenity - Definitions - Dissemination - Classification of offenses
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1. A person is guilty of a class C felony if, knowing of its character, the person disseminates obscene material or if the person produces, transports, or sends obscene material with intent that it be disseminated. 2. A person is guilty of a class C felony if the person presents …
N.D.C.C. § 12.1-27.1-02 Promoting obscenity to minors - Definitions
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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…
N.D.C.C. § 12.1-27.1-03 Promoting obscenity to minors - Minor performing in obscene performance - Classification of offenses
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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 …
N.D.C.C. § 12.1-27.1-03.1 Objectionable materials or performance - Display to minors - Definitions - Penalty
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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 …
N.D.C.C. § 12.1-27.1-03.2 Exhibition of X-rated motion picture in unscreened outdoor theater - Penalty
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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 …
N.D.C.C. § 12.1-27.1-03.3 Creation, possession, or dissemination of sexually expressive images prohibited - Exception - Civil action
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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 ima…
N.D.C.C. § 12.1-27.1-03.4 Restrictions on adult-oriented performances - Penalty
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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 gen…
N.D.C.C. § 12.1-27.1-03.5 Public libraries prohibited from maintaining explicit sexual material - Report
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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 suitab…
N.D.C.C. § 12.1-27.1-11 Exceptions to criminal liability
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Sections 12.1-27.1-01 and 12.1-27.1-03 shall not apply to the possession or distribution of material in the course of law enforcement, judicial, or legislative activities; or to the possession of material by a bona fide school, college, university, museum, or public library for l…
N.D.C.C. § 12.1-27.1-12 State pre-emption of local laws regulating obscenity
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This chapter is applicable throughout the state, and a political subdivision may not enact new, or enforce existing, ordinances or resolutions regulating or prohibiting the dissemination of obscene materials, or controlling obscene or adult-oriented performances, except ordinance…