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North Dakota House Bill HB1134

North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1134 Compare Versions

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1-Sixty-ninth Legislative Assembly of North Dakota
2-In Regular Session Commencing Tuesday, January 7, 2025
1+25.0455.02001
2+Title.03000
3+Adopted by the Judiciary Committee
4+Sixty-ninth
5+January 21, 2025
6+Legislative Assembly
7+of North Dakota
8+Introduced by
9+Representatives Heilman, Henderson, Hoverson, S. Olson, D. Johnston, Wolff, VanWinkle
10+Senators Cory, Paulson
11+A BILL for an Act to create and enact a new section to chapter 12.1-17 of the North Dakota
12+Century Code, relating to the dissemination of personally identifying information; to provide a
13+penalty; and to declare an emergency.amend and reenact section 12.1-17-07 of the North
14+Dakota Century Code, relating to harassment of another.
15+BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
16+SECTION 1. A new section to chapter 12.1-17 of the North Dakota Century Code is created
17+and enacted as follows:
18+ Dissemination of personally identifying information prohibited - Penalty.
19+ 1. As used in this section:
20+ a. "Dissemination" means electronically publishing, posting, or otherwise disclosing
21+information to a public internet site or public forum.
22+ b. "Household member" means an individual who:
23+ (1) Regularly resides in the household; or
24+ (2) Within the six months preceding the conduct of the offense regularly resided
25+in the household.
26+ c. "Immediate family member" means a parent, grandparent, spouse, child,
27+stepchild, father-in - law, mother-in - law, son-in - law, daughter-in - law, sibling,
28+brother-in - law, sister-in - law, or grandchild.
29+ d. "Personally identifying information" means information that identifies or
30+reasonably can be used to identify an individual, including:
31+Page No. 1 25.0455.02001
332 HOUSE BILL NO. 1134
4-(Representatives Heilman, Henderson, Hoverson, S. Olson, D. Johnston, Wolff, VanWinkle)
5-(Senators Cory, Paulson)
6-AN ACT to amend and reenact section 12.1-17-07 of the North Dakota Century Code, relating to
7-harassment of another.
8-BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
9-SECTION 1. AMENDMENT. Section 12.1-17-07 of the North Dakota Century Code is amended and
10-reenacted as follows:
33+PROPOSED AMENDMENTS TO
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54+Legislative Assembly
55+ (1) Social security number or other government-issued identifier;
56+ (2) Date of birth;
57+ (3) Home or physical address;
58+ (4) Electronic mail address or telephone number;
59+ (5) Financial account number or credit or debit card number;
60+ (6) Biometric, health, or medical data, or insurance information; and
61+ (7) School or employment location.
62+ 2. A person is guilty of disseminating personally identifying information if, with the intent
63+to intimidate, abuse, threaten, harass, or frighten an individual who resides in the
64+state:
65+ a. The person intentionally disseminates the personally identifying information of an
66+individual or that individual's immediate family member or household member;
67+and
68+ b. The dissemination would reasonably cause an individual to be in fear of physical
69+injury to themselves, or to the individual's immediate family member or household
70+member.
71+ 3. This section applies to all electronic communications originating within or accessible
72+within the state.
73+ 4. Disseminating personally identifying information is a class A misdemeanor, unless the
74+dissemination results in:
75+ a. Bodily injury to the individual or to the individual's immediate family member or
76+household member, in which case it is a class C felony;
77+ b. Substantial or serious bodily injury to the individual or to the individual's
78+immediate family member or household member, in which case it is a class B
79+felony; or
80+ c. Death of the individual or of the individual's immediate family member or
81+household member, in which case it is a class A felony.
82+ SECTION 2. EMERGENCY. This Act is declared to be an emergency measure.
83+SECTION 1. AMENDMENT. Section 12.1-17-07 of the North Dakota Century Code is
84+amended and reenacted as follows:
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11117 12.1-17-07. Harassment.
12118 1.A person is guilty of an offense if, with intent to frighten or harass another, the person:
13-a.Communicates in writing or by electronic communication a threat to inflict injury on any
14-person, to any person's reputation, or to any property;
119+a.Communicates in writing or by electronic communication a threat to inflict injury
120+on any person, to any person's reputation, or to any property;
15121 b.Makes a telephone call anonymously or in offensively coarse language;
16-c.Makes repeated telephone calls or other electronic communication, whether or not a
17-conversation ensues, with no purpose of legitimate communication; or
18-d.Communicates a falsehood in writing or by electronic communication and causes mental
19-anguish; or
20-e.Communicates in writing, by electronic communication, or by electronically publishing,
21-posting, or otherwise disclosing information to a public internet site or public forum an
22-individual's personal identifying information.
23-2.The offense is a class A misdemeanor if it is under subdivision a or e of subsection 1 or
24-subsection 4. Otherwise it is a class B misdemeanor.
122+c.Makes repeated telephone calls or other electronic communication, whether or
123+not a conversation ensues, with no purpose of legitimate communication; or
124+d.Communicates a falsehood in writing or by electronic communication and causes
125+mental anguish; or
126+ e. Communicates in writing, by electronic communication, or by electronically
127+publishing, posting, or otherwise disclosing information to a public internet site or
128+public forum an individual's personal identifying information.
129+2.The offense is a class A misdemeanor if it is under subdivision a or e of subsection 1
130+or subsection 4. Otherwise it is a class B misdemeanor.
25131 3.Any offense defined herein and committed by use of electronic communication may be
26-deemed to have been committed at either the place at which the electronic communication
27-was made or at the place where the electronic communication was received.
28-4.A person is guilty of an offense if the person initiates communication with a 911 emergency
29-line, public safety answering point, or an emergency responder communication system with
30-the intent to annoy or harass another person or a public safety agency or who makes a false
31-report to a public safety agency.
32-a.Intent to annoy or harass is established by proof of one or more calls with no legitimate
33-emergency purpose.
34-b.Upon conviction of a violation of this subsection, a person is also liable for all costs
35-incurred by any unnecessary emergency response.
132+deemed to have been committed at either the place at which the electronic
133+communication was made or at the place where the electronic communication was
134+received.
135+4.A person is guilty of an offense if the person initiates communication with a
136+911 emergency line, public safety answering point, or an emergency responder
137+communication system with the intent to annoy or harass another person or a public
138+safety agency or who makes a false report to a public safety agency.
139+a.Intent to annoy or harass is established by proof of one or more calls with no
140+legitimate emergency purpose.
141+b.Upon conviction of a violation of this subsection, a person is also liable for all
142+costs incurred by any unnecessary emergency response.
36143 5.Any offense defined herein is deemed communicated in writing if it is transmitted
37-electronically, by electronic mail, facsimile, or other similar means. Electronic communication
38-means transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature
39-transmitted in whole or in part by a wire, radio, electromagnetic, photo-electronic, or
40-photo-optical system. H. B. NO. 1134 - PAGE 2
41-____________________________ ____________________________
42-Speaker of the House President of the Senate
43-____________________________ ____________________________
44-Chief Clerk of the House Secretary of the Senate
45-This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative
46-Assembly of North Dakota and is known on the records of that body as House Bill No. 1134.
47-House Vote: Yeas 90 Nays 2 Absent 2
48-Senate Vote:Yeas 47 Nays 0 Absent 0
49-____________________________
50-Chief Clerk of the House
51-Received by the Governor at ________M. on _____________________________________, 2025.
52-Approved at ________M. on __________________________________________________, 2025.
53-____________________________
54-Governor
55-Filed in this office this ___________day of _______________________________________, 2025,
56-at ________ o’clock ________M.
57-____________________________
58-Secretary of State
144+electronically, by electronic mail, facsimile, or other similar means. Electronic
145+communication means transfer of signs, signals, writing, images, sounds, data, or
146+intelligence of any nature transmitted in whole or in part by a wire, radio,
147+electromagnetic, photo-electronic, or photo-optical system.
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