25.0034.04000
Sixty-ninth
Legislative Assembly
of North Dakota
Introduced by
Representatives Satrom, Christy, Ostlie, Schneider
Senators Clemens, Conley
A BILL for an Act to amend and reenact subsection 13 of section 12.1-27.1-01 and section
12.1-27.1-03.3 of the North Dakota Century Code, relating to sexually expressive images; and
to provide a penalty.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Subsection 13 of section 12.1-27.1-01 of the North Dakota
Century Code is amended and reenacted as follows:
13.As used in this chapter, "sexually expressive image" means a real, altered, or
computer-generated photograph or visual representation that exhibits a nude or
partially denuded human figure, as defined in section 12.1-27.1-03.1, or sexual
conduct.
SECTION 2. AMENDMENT. Section 12.1-27.1-03.3 of the North Dakota Century Code is
amended and reenacted as follows:
12.1-27.1-03.3. Creation, possession, or dissemination of sexually expressive images
prohibited - Exception - Civil action.
1.A person is guilty of a class A misdemeanor if, knowing of its character and content,
that person:
a.Without written consent from each individual who has a reasonable expectation
of privacy in the image, surreptitiously creates or willfully possesses a sexually
expressive image that was surreptitiously created; or
b.Distributes or publishes, electronically or otherwise, a sexually expressive image
with the intent to cause emotional harm or humiliation to any individual depicted
in the sexually expressive image who has a reasonable expectation of privacy in
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ENGROSSED HOUSE BILL NO. 1351
FIRST ENGROSSMENT
with Senate Amendments
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the image, or after being given notice by an individual or parent or guardian of the
individual who is depicted in a sexually expressive image that the individual,
parent, or guardian does not consent to the distribution or publication of the
sexually expressive image.
2.A person is guilty of a class B misdemeanor if, knowing of its character and content,
that person acquires and knowingly distributes any sexually expressive image that
was created without the consent of the subject of the image.
3.This section does not authorize any act prohibited by any other law. If the sexually
expressive image is of a minor and possession does not violate section
12.1-27.2-04.1, a parent or guardian of the minor may give permission for a person to
possess or distribute the sexually expressive image.
4.This section does not apply to any book, photograph, video recording, motion picture
film, or other visual representation sold in the normal course of business through
wholesale or retail outlets that possess a valid sales tax permit or used by an attorney,
attorney's agent, or any other person obtaining evidence for a criminal investigation or
pending civil action, or by a medical professional or a peace officer acting within that
individual's scope of employment.
5.Nothing in this section may be construed to impose liability on a provider of an
interactive computer service, as defined under 47 U.S.C. 230, or an information
service or telecommunication service, as defined under 47 U.S.C. 153, for content
provided by another person.
6.A depicted individual who is identifiable and who suffers harm from a person's violation
of this section has a cause of action against the person if the person produced,
possessed, distributed, promoted, advertised, sold, exhibited, broadcasted, or
transmitted the sexually expressive image for the purpose of sexual arousal, sexual
gratification, humiliation, degradation, or monetary or commercial gain.
a.The court may order the filing party to redact from all pleadings and documents
filed in the action other identifying characteristics of the plaintiff.
b.A party to whom subdivision a applies shall file with the court and serve on all
other parties a redacted and unredacted version of the filing and a confidential
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information form that includes the redacted plaintiff's name and other identifying
characteristics.
c.The court may make further orders as necessary to protect the identity and
privacy of a plaintiff.
7.In an action under subsection 6, a prevailing plaintiff may recover:
a.The greater of:
(1)Economic and noneconomic damages proximately caused by the
defendant's violation of this section, including damages for emotional
distress whether or not accompanied by other damages; or
(2)Statutory damages not to exceed ten thousand dollars against each
defendant found liable under this section;
b.An amount equal to any monetary gain made by the defendant from the
distribution, promotion, advertising, sale, exhibition, broadcasting, or transmission
of the sexually expressive image; and
c.Exemplary damages.
8.In an action under subsection 6, the court may award a prevailing plaintiff:
a.Reasonable attorney fees and costs; and
b.Other remedies available by law, including injunctive relief.
9.This chapter does not affect or preclude any other right or remedy available under
federal law or a law of this state other than this section.
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