Title 12.1 — Criminal Code
53 chapters · 382 sections in this title.
N.D.C.C. § 12.1-21.1-02 Animal facility - Damage or destruction
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No person without the effective consent of the owner may: 1. Intentionally damage or destroy an animal facility, an animal or property in or on the animal facility, or any enterprise conducted at the animal facility. 2. Acquire or otherwise exercise control over an animal facilit…
N.D.C.C. § 12.1-21.1-03 Entry forbidden - Notice
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No person may without the effective consent of the owner, and with the intent to damage the enterprise conducted at the animal facility, enter or remain on an animal facility, if the person had notice that the entry was forbidden or received notice to depart but failed to do so. …
N.D.C.C. § 12.1-21.1-04 Penalty
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A person who violates subsection 1 of section 12.1-21.1-02 is guilty of a class B felony if there is damage of ten thousand dollars or more, a class C felony if there is damage of at least five hundred dollars but less than ten thousand dollars, and a class A misdemeanor if there…
N.D.C.C. § 12.1-21.1-05 Civil action
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A person who has been damaged by reason of violation of this chapter may bring an action in the district court against the person causing the damage to recover an amount equal to three times all actual and consequential damages and court costs and reasonable attorney fees. This c…
N.D.C.C. § 12.1-23.1-01 Theft of cable television services - Penalty
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A person is guilty of a class B misdemeanor if the person: 1. Knowingly obtains or attempts to obtain cable television service from another by any means, artifice, trick, deception, or device without the payment to the cable television operator of all lawful compensation for each…
N.D.C.C. § 12.1-23.1-02 Civil penalties for theft of cable television services
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1. Any person who violates subsection 1, 2, or 3 of section 12.1-23.1-01 is liable to the franchised or otherwise duly licensed cable television system for the greater of one thousand dollars or three times the amount of actual damages, if any, sustained by the system, plus reaso…
N.D.C.C. § 12.1-23.1-04 Amateur radio communications - Exemption
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This chapter shall not be construed to prevent the manufacture, importation, distribution, sale, offer for sale or rental, possession for sale, or advertisement for sale, any device, plan or kit for a device, or printed circuit, used by federally-licensed amateur radio (ham) oper…
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. § 12.1-27.1-03.4 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. § 12.1-27.1-04 Definitions
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Repealed by S.L. 1981, ch. 157, § 1.
N.D.C.C. § 12.1-27.1-05 Civil proceeding a prerequisite to criminal liability
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Repealed by S.L. 1981, ch. 157, § 1.
N.D.C.C. § 12.1-27.1-06 Commencement of civil proceeding - Intervention - Seizure of materials
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Repealed by S.L. 1981, ch. 157, § 1.
N.D.C.C. § 12.1-27.1-07 Procedures - Expanded district court - Appeal
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Repealed by S.L. 1981, ch. 157, § 1. 12.1-27.1-08. Judgment - Effect - Notice to constructive defendants - Use in criminal prosecutions. Repealed by S.L. 1981, ch. 157, § 1.
N.D.C.C. § 12.1-27.1-09 Preliminary injunction - Limitations
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Repealed by S.L. 1981, ch. 157, § 1.
N.D.C.C. § 12.1-27.1-10 Conflicting decisions - Resolution
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Repealed by S.L. 1981, ch. 157, § 1.
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…
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…
N.D.C.C. § 12.1-31.2-01 Disorderly conduct restraining order - Penalty
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Repealed by S.L. 2025, ch. 145, § 17.
N.D.C.C. § 12.1-31.2-02 Order prohibiting contact
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1. a. If an individual is charged with, arrested for, or subject to a sentence or order deferring imposition of sentence for a crime of violence or threat of violence, stalking, harassment, or a sex offense, the court authorizing the release of the individual, imposing a sentence…
N.D.C.C. § 12.1-36.1-01 Definitions
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As used in this chapter: 1. "Health care provider" means a licensed physician, physician assistant, nurse, or a certified medical assistant. 2. "Minor" means an individual under the age of eighteen. The term includes an emancipated individual. 3. "Sex" means the biological state …
N.D.C.C. § 12.1-36.1-02 Perception of a minor's sex - Prohibited practices - Penalty
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1. Except as provided under section 12.1-36.1-03, if a minor's perception of the minor's sex is inconsistent with the minor's sex, a health care provider may not engage in any of the following practices for the purpose of changing or affirming the minor's perception of the minor'…
N.D.C.C. § 12.1-36.1-03 Exceptions
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Section 12.1-36.1-02 does not apply: 1. To the good-faith medical decision of a parent or guardian of a minor born with a medically verifiable genetic disorder of sex development, including: a. A minor with external biological sex characteristics that are irresolvably ambiguous, …
N.D.C.C. § 12.1-36.1-04 Statutory limitation
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Notwithstanding the limitations of section 29-04-02, prosecution for a violation of section 12.1-36.1-02 must be commenced within three years of the date of the offense or within three years after the offense is reported to law enforcement, whichever is later.