Title 12.1 — Criminal Code
53 chapters · 382 sections in this title.
N.D.C.C. § 12.1-27.2-01 Definitions
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As used in this chapter: 1. "Computer-generated image" means an image or visual representation created through the use of artificial intelligence or other computer program. 2. "Minor" means an individual under eighteen years of age or a computer-generated image used, created, ada…
N.D.C.C. § 12.1-27.2-02 Use of a minor in a sexual performance
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1. A person is guilty of a class A felony if, knowing the character and content of a performance, that person employs, authorizes, or induces a minor to engage in sexual conduct during a performance or, if being a parent, legal guardian, or custodian of a minor, that person conse…
N.D.C.C. § 12.1-27.2-03 Promoting or directing an obscene sexual performance by a minor
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A person is guilty of a class A felony if, knowing the character and content of a performance, that person produces, directs, or promotes any obscene performance which includes sexual conduct by a person who was a minor at the time of the performance.
N.D.C.C. § 12.1-27.2-04 Promoting a sexual performance by a minor
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A person is guilty of a class B felony if, knowing the character and content of a performance, that person produces, directs, or promotes any performance which includes sexual conduct by a person who was a minor at the time of the performance.
N.D.C.C. § 12.1-27.2-04.1 Possession of certain materials prohibited
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1. A person is guilty of a class C felony if, knowing of its character and content, that person knowingly possesses any motion picture, computer-generated image, photograph, or other visual representation that includes sexual conduct by a minor. 2. An individual violating this se…
N.D.C.C. § 12.1-27.2-04.2 Sexual performance by a minor - Enhanced penalties
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1. Notwithstanding the provisions of sections 12.1-32-01 and 12.1-32-01.1 relating to fines, a person who commits an offense under this chapter and who acts in the course of a commercial or for-profit activity or transaction in which the offender had or shared ownership, control,…
N.D.C.C. § 12.1-27.2-05 Sexual performance by a minor - Affirmative defenses
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It is an affirmative defense to a prosecution under this chapter that: 1. The defendant in good faith reasonably believed the person appearing in the performance was eighteen years of age or older, if the minor was in fact fifteen years of age or older; or 2. The material or perf…
N.D.C.C. § 12.1-27.2-06 Proof of age of minor
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When it becomes necessary under this chapter to determine whether a minor participated in a sexual performance, the trier of fact may base its determination on personal inspection of the minor, inspection of a photograph or motion picture of the sexual performance, testimony by a…