Title 32 — Judicial Remedies

As used in this chapter: 1. "Consent" means affirmative, conscious, and voluntary authorization by an individual with legal capacity to give authorization. 2. "Depicted individual" means an individual whose body is shown in whole or in part in an intimate image. 3. "Disclosure" o…

1. As used in this section: a. "Harm" includes physical harm, economic harm, and emotional distress whether or not accompanied by physical or economic harm. b. "Private" means: (1) Created or obtained under circumstances in which a depicted individual had a reasonable expectation…

1. As used in this section: a. "Child" means an unemancipated individual who is less than eighteen years of age. b. "Parent" means an individual recognized as a parent under a law of this state other than this chapter. 2. A person is not liable under this chapter if the person pr…

In an action under this chapter: 1. The court may exclude or redact from all pleadings and documents filed in the action other identifying characteristics of the plaintiff under rule 3.4 of the North Dakota Rules of Court; 2. A plaintiff to whom subsection 1 applies shall file wi…

1. In an action under this chapter, a prevailing plaintiff may recover: a. The greater of: (1) Economic and noneconomic damages proximately caused by the defendant's disclosure or threatened disclosure, including damages for emotional distress whether or not accompanied by other …

1. An action under subsection 2 of section 32-49-02 for: a. An unauthorized disclosure may not be brought later than six years from the date the disclosure was discovered or should have been discovered with the exercise of reasonable diligence; and b. A threat to disclose may not…

This chapter must be construed to be consistent with the Communications Decency Act of 1996 [47 U.S.C. Section 230].