Sixty-ninth Legislative Assembly of North Dakota
In Regular Session Commencing Tuesday, January 7, 2025
HOUSE BILL NO. 1351
(Representatives Satrom, Christy, Ostlie, Schneider)
(Senators Clemens, Conley)
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 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 H. B. NO. 1351 - PAGE 2
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 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. H. B. NO. 1351 - PAGE 3
____________________________ ____________________________
Speaker of the House President of the Senate
____________________________ ____________________________
Chief Clerk of the House Secretary of the Senate
This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative
Assembly of North Dakota and is known on the records of that body as House Bill No. 1351.
House Vote: Yeas 93 Nays 1 Absent 0
Senate Vote:Yeas 45 Nays 0 Absent 2
____________________________
Chief Clerk of the House
Received by the Governor at ________M. on _____________________________________, 2025.
Approved at ________M. on __________________________________________________, 2025.
____________________________
Governor
Filed in this office this ___________day of _______________________________________, 2025,
at ________ o’clock ________M.
____________________________
Secretary of State