Sexually expressive images; and to provide a penalty.
Impact
By imposing penalties ranging from class A misdemeanors for creating or possessing such images without consent, to class B misdemeanors for distributing or publishing them with malicious intent, HB 1351 amends existing laws to create clearer guidelines and enforce stricter penalties for violations. This represents a significant change to the existing legal landscape in North Dakota regarding privacy and consent related to sexually expressive images, potentially altering how such matters are handled in both civil and criminal contexts.
Summary
House Bill 1351 aims to address the unsolicited dissemination of sexually expressive images, reinforcing individuals' privacy rights regarding such images. The bill updates the definitions and penalties associated with the creation, possession, and distribution of sexually expressive images without consent. It establishes strict liability for individuals who create or disseminate such images without the consent of the subjects involved, particularly emphasizing protections for people with a reasonable expectation of privacy.
Sentiment
The sentiment surrounding HB 1351 is largely supportive among legislators and advocacy groups focused on protecting privacy rights and reducing sexual exploitation. Proponents highlight the importance of safeguarding individuals from emotional harm caused by the non-consensual sharing of private images. However, there may be some concerns about the implementation and enforcement of such laws, primarily regarding how privacy rights can be balanced with freedom of expression.
Contention
While the bill received overwhelming support in both the House and Senate, with a vote of 93 to 1 in favor, there are still underlying concerns about its implications. Critics may argue that specifying legal definitions and penalties could inadvertently stifle permissible artistic or educational expressions involving such images. Additionally, the complexities involved in proving consent or establishing intent may lead to challenges in legal interpretations and enforcement.
Prohibiting public libraries from maintaining explicit sexual material; to provide for a legislative management report; and to provide for application.
Abortions, sex-selective abortions, genetic abnormality abortions, human dismemberment abortions, and abortions after a detectable heartbeat; to provide a penalty; and to declare an emergency.
The duty of a law enforcement agency to provide training approved by the peace officer standards and training board on bias crimes; to provide for a report to the legislative management; and to provide a penalty.