North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1351 Compare Versions

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1		-	Sixty-ninth Legislative Assembly of North Dakota
2		-	In Regular Session Commencing Tuesday, January 7, 2025
3		-	HOUSE BILL NO. 1351
4		-	(Representatives Satrom, Christy, Ostlie, Schneider)
5		-	(Senators Clemens, Conley)
6		-	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
7		-	North Dakota Century Code, relating to sexually expressive images; and to provide a penalty.
	1	+	25.0034.03003
	2	+	Title.04000
	3	+	Adopted by the Judiciary Committee
	4	+	Sixty-ninth
	5	+	March 25, 2025
	6	+	Legislative Assembly
	7	+	of North Dakota
	8	+	Introduced by
	9	+	Representatives Satrom, Christy, Ostlie, Schneider
	10	+	Senators Clemens, Conley
	11	+	A BILL for an Act to create and enact a new section to chapter 12.1-27.1 of the North Dakota
	12	+	Century Code, relating to prohibiting sexually explicit deep fake videos and images; to amend
	13	+	and reenact section 12.1-32-15 of the North Dakota Century Code, relating to sexual offenders
	14	+	and registration requirements; and to provide a penalty.for an Act to amend and reenact
	15	+	subsection 13 of section 12.1-27.1-01 and section 12.1-27.1-03.3 of the North Dakota Century
	16	+	Code, relating to sexually expressive images; and to provide a penalty.
8	17		BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
9		-	SECTION 1. AMENDMENT. Subsection 13 of section 12.1-27.1-01 of the North Dakota Century
10		-	Code is amended and reenacted as follows:
11		-	13.As used in this chapter, "sexually expressive image" means a real, altered, or computer-
12		-	generated photograph or visual representation that exhibits a nude or partially denuded
13		-	human figure, as defined in section 12.1-27.1-03.1, or sexual conduct.
14		-	SECTION 2. AMENDMENT. Section 12.1-27.1-03.3 of the North Dakota Century Code is amended
15		-	and reenacted as follows:
	18	+	SECTION 1. A new section to chapter 12.1-27.1 of the North Dakota Century Code is
	19	+	created and enacted as follows:
	20	+	Sexually explicit deep fake videos or images prohibited - Penalty - Civil action.
	21	+	1. As used in this section:
	22	+	a. "Sexual performance" means any performance that includes sexual conduct.
	23	+	b. "Sexually explicit deep fake video or image" means any video recording, motion-
	24	+	picture film, electronic image, or photograph created with the intent to deceive,
	25	+	which appears to depict an individual engaging in sexual conduct or a sexual
	26	+	performance that did not occur in reality or that the individual did not actually
	27	+	perform, and whose appearance in the video recording, motion-picture film,
	28	+	electronic image, or photograph is a result of digitization.
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	30	+	ENGROSSED HOUSE BILL NO. 1351
	31	+	FIRST ENGROSSMENT
	32	+	PROPOSED AMENDMENTS TO
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	52	+	2. It is a class A misdemeanor for a person to knowingly produce, possess, distribute,
	53	+	promote, advertise, sell, exhibit, broadcast, or transmit a sexually explicit deep fake
	54	+	video or image.
	55	+	3. A depicted individual who is identifiable and who suffers harm from a person's violation
	56	+	of this section has a cause of action against the person if the person produced,
	57	+	possessed, distributed, promoted, advertised, sold, exhibited, broadcasted, or
	58	+	transmitted the sexually explicit deep fake video or image for the purpose of sexual
	59	+	arousal, sexual gratification, humiliation, degradation, or monetary or commercial gain.
	60	+	a. The court may exclude or redact from all pleadings and documents filed in the
	61	+	action other identifying characteristics of the plaintiff under rule 3.4 of the North
	62	+	Dakota Rules of Court.
	63	+	b. A plaintiff to whom subdivision a applies shall file with the court and serve on the
	64	+	defendant a confidential information form that includes the excluded or redacted
	65	+	plaintiff's name and other identifying characteristics.
	66	+	c. The court may make further orders as necessary to protect the identity and
	67	+	privacy of a plaintiff.
	68	+	4. In an action under subsection 4, a prevailing plaintiff may recover:
	69	+	a. The greater of:
	70	+	(1) Economic and noneconomic damages proximately caused by the
	71	+	defendant's violation of this section, including damages for emotional
	72	+	distress whether or not accompanied by other damages; or
	73	+	(2) Statutory damages not to exceed ten thousand dollars against each
	74	+	defendant found liable under this section;
	75	+	b. An amount equal to any monetary gain made by the defendant from the
	76	+	distribution, promotion, advertising, sale, exhibition, broadcasting, or transmission
	77	+	of the sexually explicit deep fake video or image; and
	78	+	c. Exemplary damages.
	79	+	5. In an action under subsection 4, the court may award a prevailing plaintiff:
	80	+	a. Reasonable attorney's fees and costs; and
	81	+	b. Other remedies available by law, including injunctive relief.
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	114	+	6. This chapter does not affect or preclude any other right or remedy available under
	115	+	federal law or a law of this state other than this section.
	116	+	SECTION 2. AMENDMENT. Section 12.1-32-15 of the North Dakota Century Code is
	117	+	amended and reenacted as follows:
	118	+	12.1-32-15. Offenders against children and sexual offenders - Sexually violent
	119	+	predators - Registration requirement - Penalty.
	120	+	1. As used in this section:
	121	+	a. "A crime against a child" means a violation of chapter 12.1-16, section
	122	+	12.1-17-01.1 if the victim is under the age of twelve, 12.1-17-02, 12.1-17-04,
	123	+	subdivision a of subsection 6 of section 12.1-17-07.1, section 12.1-18-01,
	124	+	12.1-18-02, 12.1-18-05, chapter 12.1-29, or section 14-09-22, subsection 3 of
	125	+	section 12.1-41-02, subsection 3 of section 12.1-41-03, or an equivalent offense
	126	+	from another court in the United States, a tribal court, or court of another country,
	127	+	in which the victim is a minor or is otherwise of the age required for the act to be
	128	+	a crime or an attempt or conspiracy to commit these offenses.
	129	+	b. "Department" means the department of corrections and rehabilitation.
	130	+	c. "Homeless" means an individual who is physically present in this state, but is
	131	+	living in a park, under a bridge, on the streets, in a vehicle or camper, or is
	132	+	otherwise without a traditional dwelling, and also one who resides in this state but
	133	+	does not maintain a permanent address. The term does not include individuals
	134	+	who are temporarily domiciled or individuals residing in public or private shelters
	135	+	that provide temporary living accommodations.
	136	+	d. "Mental abnormality" means a congenital or acquired condition of an individual
	137	+	that affects the emotional or volitional capacity of the individual in a manner that
	138	+	predisposes that individual to the commission of criminal sexual acts to a degree
	139	+	that makes the individual a menace to the health and safety of other individuals.
	140	+	e. "Predatory" means an act directed at a stranger or at an individual with whom a
	141	+	relationship has been established or promoted for the primary purpose of
	142	+	victimization.
	143	+	f. "Reside" means to live permanently or be situated for a considerable time in a
	144	+	home or a particular place.
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	178	+	g. "Sexual offender" means a person who has pled guilty to or been found guilty,
	179	+	including juvenile delinquent adjudications, of a violation of section 12.1-20-03,
	180	+	12.1-20-03.1, 12.1-20-04, 12.1-20-05, 12.1-20-05.1, 12.1-20-06, 12.1-20-06.1,
	181	+	12.1-20-07 except for subdivision a of subsection 1, 12.1-20-11, 12.1-20-12.1,
	182	+	12.1-20-12.2, 12.1-20-12.3 except for subdivision a of subsection 1 and
	183	+	subdivision b of subsection 1 if the offense involves only a demand for money,
	184	+	section 1 of this Act, chapter 12.1-27.2, subsection 2 of section 12.1-22-03.1,
	185	+	subdivision b of subsection 1 of section 12.1-41-02, section 12.1-41-04,
	186	+	12.1-41-05, or 12.1-41-06, or an equivalent offense from another court in the
	187	+	United States, a tribal court, or court of another country, or an attempt or
	188	+	conspiracy to commit these offenses.
	189	+	h. "Sexually dangerous individual" means an individual who meets the definition
	190	+	specified in section 25-03.3-01.
	191	+	i. "Temporarily domiciled" means staying or being physically present in this state for
	192	+	more than thirty days in a calendar year or at a location for longer than ten
	193	+	consecutive days, attending school for longer than ten days, or maintaining
	194	+	employment in the jurisdiction for longer than ten days, regardless of the state of
	195	+	the residence.
	196	+	2. The court shall impose, in addition to any penalty provided by law, a requirement that
	197	+	the individual register, within three days of coming into a county in which the individual
	198	+	resides, is homeless, or within the period identified in this section that the individual
	199	+	becomes temporarily domiciled. The individual must register with the chief of police of
	200	+	the city of the individual's place of residence, or the sheriff of the county if the
	201	+	individual resides in an area other than a city. A homeless individual shall register
	202	+	every three days with the sheriff or chief of police of the jurisdiction in which the
	203	+	individual is physically present. The court shall require an individual to register by
	204	+	stating this requirement on the court records, if that individual:
	205	+	a. Has pled guilty or nolo contendere to, or been found guilty as a felonious sexual
	206	+	offender or an attempted felonious sexual offender, including juvenile delinquent
	207	+	adjudications of equivalent offenses unless the offense is listed in subdivision c.
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	240	+	b. Has pled guilty or nolo contendere to, or been found guilty as a sexual offender
	241	+	for, a misdemeanor or attempted misdemeanor. The court may deviate from
	242	+	requiring an individual to register if the court first finds the individual is no more
	243	+	than three years older than the victim if the victim is a minor, the individual has
	244	+	not previously been convicted as a sexual offender or of a crime against a child,
	245	+	and the individual did not exhibit mental abnormality or predatory conduct in the
	246	+	commission of the offense.
	247	+	c. Is a juvenile found delinquent under subdivision d of subsection 1 of section
	248	+	12.1-20-03, subdivision a of subsection 2 of section 12.1-20-03, or as a sexual
	249	+	offender for a misdemeanor. The court may deviate from requiring the juvenile to
	250	+	register if the court first finds the juvenile has not previously been convicted as a
	251	+	sexual offender or for a crime against a child, and the juvenile did not exhibit
	252	+	mental abnormality or predatory conduct in the commission of the offense.
	253	+	d. Has pled guilty or nolo contendere to, or been found guilty of, a crime against a
	254	+	child or an attempted crime against a child, including juvenile delinquent
	255	+	adjudications of equivalent offenses. Except if the offense is described in section
	256	+	12.1-29-02, or section 12.1-18-01 or 12.1-18-02 and the person is not the parent
	257	+	of the victim, the court may deviate from requiring an individual to register if the
	258	+	court first finds the individual has not previously been convicted as a sexual
	259	+	offender or for a crime against a child, and the individual did not exhibit mental
	260	+	abnormality or predatory conduct in the commission of the offense.
	261	+	e. Has pled guilty or nolo contendere, been found guilty, or been adjudicated
	262	+	delinquent of any crime against another individual which is not otherwise
	263	+	specified in this section if the court determines that registration is warranted by
	264	+	the nature of the crime and therefore orders registration for the individual. If the
	265	+	court orders an individual to register as an offender under this section, the
	266	+	individual shall comply with all of the registration requirements in this chapter.
	267	+	3. If a court has not ordered an individual to register in this state, an individual who
	268	+	resides, is homeless, or is temporarily domiciled in this state shall register if the
	269	+	individual:
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	302	+	a. Is incarcerated or is on probation or parole after July 31, 1995, for a crime
	303	+	against a child described in section 12.1-29-02, or section 12.1-18-01 or
	304	+	12.1-18-02 if the individual was not the parent of the victim, or as a sexual
	305	+	offender;
	306	+	b. Has pled guilty or nolo contendere to, or been adjudicated for or found guilty of,
	307	+	an offense in a court of this state for which registration is mandatory under this
	308	+	section or an offense from another court in the United States, a tribal court, or
	309	+	court of another country equivalent to those offenses set forth in this section; or
	310	+	c. Has pled guilty or nolo contendere to, or has been found guilty of, a crime against
	311	+	a child or as a sexual offender for which registration is mandatory under this
	312	+	section if the conviction occurred after July 31, 1985.
	313	+	4. In its consideration of mental abnormality or predatory conduct, the court shall
	314	+	consider the age of the offender, the age of the victim, the difference in ages of the
	315	+	victim and offender, the circumstances and motive of the crime, the relationship of the
	316	+	victim and offender, and the mental state of the offender. The court may order an
	317	+	offender to be evaluated by a qualified counselor, psychologist, or physician before
	318	+	sentencing. Except as provided under subdivision e of subsection 2, the court shall
	319	+	state on the record in open court its affirmative finding for not requiring an offender to
	320	+	register.
	321	+	5. When an individual is required to register under this section, the official in charge of a
	322	+	facility or institution where the individual required to register is confined, or the
	323	+	department, shall, before the discharge, parole, or release of that individual, inform the
	324	+	individual of the duty to register pursuant to this section. The official or the department
	325	+	shall require the individual to read and sign a form as required by the attorney general,
	326	+	stating that the duty of the individual to register has been explained to that individual.
	327	+	The official in charge of the place of confinement, or the department, shall obtain the
	328	+	address where the individual expects to reside, attend school, or work upon discharge,
	329	+	parole, or release and shall report the address to the attorney general. The official in
	330	+	charge of the place of confinement, or the department, shall give three copies of the
	331	+	form to the individual and shall send three copies to the attorney general no later than
	332	+	forty-five days before the scheduled release of that individual. The attorney general
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	366	+	shall forward one copy to the law enforcement agency having jurisdiction where the
	367	+	individual expects to reside, attend school, or work upon discharge, parole, or release,
	368	+	one copy to the prosecutor who prosecuted the individual, and one copy to the court in
	369	+	which the individual was prosecuted. All forms must be transmitted and received by
	370	+	the law enforcement agency, prosecutor, and court thirty days before the discharge,
	371	+	parole, or release of the individual.
	372	+	6. An individual who is required to register pursuant to this section who is released on
	373	+	probation or discharged upon payment of a fine must, before the release or discharge,
	374	+	be informed of the duty to register under this section by the court in which that
	375	+	individual is convicted. The court shall require the individual to read and sign a form as
	376	+	required by the attorney general, stating that the duty of the individual to register under
	377	+	this section has been explained to that individual. The court shall obtain the address
	378	+	where the individual expects to reside, attend school, or work upon release or
	379	+	discharge and shall report the address to the attorney general within three days. The
	380	+	court shall give one copy of the form to the individual and shall send two copies to the
	381	+	attorney general. The attorney general shall forward one copy to the appropriate law
	382	+	enforcement agency having jurisdiction where the individual expects to reside, attend
	383	+	school, or work upon discharge, parole, or release.
	384	+	7. Registration consists of a written or electronic statement signed by the individual,
	385	+	giving the information required by the attorney general, and the biometric data and
	386	+	photograph of the individual. An individual who is not required to provide a sample of
	387	+	blood and other body fluids under section 31-13-03 or by the individual's state or court
	388	+	of conviction or adjudication shall submit a sample of blood and other body fluids for
	389	+	inclusion in a centralized database of DNA identification records under section
	390	+	31-13-05. The collection, submission, testing and analysis of, and records produced
	391	+	from, samples of blood and other body fluids, are subject to chapter 31-13. Evidence
	392	+	of the DNA profile comparison is admissible in accordance with section 31-13-02. A
	393	+	report of the DNA analysis certified by the state crime laboratory is admissible in
	394	+	accordance with section 31-13-05. A district court shall order an individual who refuses
	395	+	to submit a sample of blood or other body fluids for registration purposes to show
	396	+	cause at a specified time and place why the individual should not be required to
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	430	+	submit the sample required under this subsection. Within three days after registration,
	431	+	the registering law enforcement agency shall forward the statement, biometric data,
	432	+	and photograph to the attorney general and shall submit the sample of the individual's
	433	+	blood and body fluids to the state crime laboratory. If an individual required to register
	434	+	under this section has a change in vehicle or computer online identity, the individual
	435	+	shall register, within three days after the change, with the law enforcement agency
	436	+	having local jurisdiction of the individual's place of residence of the individual's new
	437	+	vehicle or computer online identity. If an individual required to register pursuant to this
	438	+	section has a change in name, school, or residence or employment address, that
	439	+	individual shall register, at least ten days before the change, with the law enforcement
	440	+	agency having local jurisdiction of the individual's place of residence of the individual's
	441	+	new name, school, residence address, or employment address. A change in school or
	442	+	employment address includes the termination of school or employment for which an
	443	+	individual required to register under this section, the individual shall register within
	444	+	three days of the termination with the law enforcement agency having local jurisdiction
	445	+	of the individual's place of residence. The law enforcement agency, within three days
	446	+	after receipt of the information, shall forward it to the attorney general. The attorney
	447	+	general shall forward the appropriate registration data to the law enforcement agency
	448	+	having local jurisdiction of the new place of residence, school, or employment. Upon a
	449	+	change of address, the individual required to register also shall register within three
	450	+	days at the law enforcement agency having local jurisdiction of the new place of
	451	+	residence. If an individual required to register in North Dakota, including in a tribal
	452	+	registry, resides in another state or on tribal lands, that individual shall register
	453	+	employment and school addresses and any changes in required registration
	454	+	information with the law enforcement agency having local jurisdiction over the school
	455	+	or employment address. The individual registering under this section shall periodically
	456	+	confirm the information required under this subsection in a manner and at an interval
	457	+	determined by the attorney general. A law enforcement agency that has previously
	458	+	registered an offender may omit the biometric data portion of the registration if that
	459	+	agency has a set of biometric data on file for that individual and is personally familiar
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	492	+	with and can visually identify the offender. These provisions also apply in any other
	493	+	state that requires registration.
	494	+	8. An individual required to register under this section shall comply with the registration
	495	+	requirement for the longer of the following periods:
	496	+	a. A period of fifteen years after the date of sentence or order deferring or
	497	+	suspending sentence upon a plea or finding of guilt or after release from
	498	+	incarceration, whichever is later;
	499	+	b. A period of twenty-five years after the date of sentence or order deferring or
	500	+	suspending sentence upon a plea or finding of guilt or after release from
	501	+	incarceration, whichever is later, if the offender is assigned a moderate risk by the
	502	+	attorney general as provided in subsection 12; or
	503	+	c. For the life of the individual, if that individual:
	504	+	(1) On two or more occasions has pled guilty or nolo contendere to, or been
	505	+	found guilty of a crime against a child or as a sexual offender. If all qualifying
	506	+	offenses are misdemeanors, this lifetime provision does not apply unless a
	507	+	qualifying offense was committed after August 1, 1999;
	508	+	(2) Pleads guilty or nolo contendere to, or is found guilty of, an offense
	509	+	committed after August 1, 1999, which is described in subdivision a of
	510	+	subsection 1 of section 12.1-20-03, section 12.1-20-03.1, or subdivision d of
	511	+	subsection 1 of section 12.1-20-03 if the person is an adult and the victim is
	512	+	under age twelve, or section 12.1-18-01 if that individual is an adult other
	513	+	than a parent of the victim, or an equivalent offense from another court in
	514	+	the United States, a tribal court, or court of another country; or
	515	+	(3) Is assigned a high risk by the attorney general as provided in subsection 12.
	516	+	9. An individual required to register under this section who violates this section is guilty of
	517	+	a class C felony. The failure of a homeless individual to register as required in
	518	+	subsections 2 and 3 is prima facie evidence of a violation of this section. The clerk of
	519	+	court shall forward all warrants issued for a violation of this section to the county
	520	+	sheriff, who shall enter all such warrants into the national crime information center
	521	+	wanted person file. A court may not relieve an individual, other than a juvenile, who
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	554	+	violates this section from serving a term of at least ninety days in jail and completing
	555	+	probation of one year.
	556	+	10. When an individual is released on parole or probation and is required to register
	557	+	pursuant to this section, but fails to do so within the time prescribed, the court shall
	558	+	order the probation, or the parole board shall order the parole, of the individual
	559	+	revoked.
	560	+	11. If an individual required to register pursuant to this section is temporarily sent outside
	561	+	the facility or institution where that individual is confined under conviction or sentence,
	562	+	the local law enforcement agency having jurisdiction over the place where that
	563	+	individual is being sent must be notified within a reasonable time period before that
	564	+	individual is released from the facility or institution. This subsection does not apply to
	565	+	any individual temporarily released under guard from the facility or institution in which
	566	+	that individual is confined.
	567	+	12. The attorney general, with the assistance of the department and the juvenile courts,
	568	+	shall develop guidelines for the risk assessment of sexual offenders who are required
	569	+	to register, with a low-risk, moderate-risk, or high-risk level being assigned to each
	570	+	offender as follows:
	571	+	a. The department shall conduct a risk assessment of sexual offenders who are
	572	+	incarcerated in institutions under the control of the department and sexual
	573	+	offenders who are on supervised probation. The department, in a timely manner,
	574	+	shall provide the attorney general any information, including the offender's level
	575	+	of risk and supporting documentation, concerning individuals required to be
	576	+	registered under this section who are about to be released or placed into the
	577	+	community.
	578	+	b. The attorney general shall conduct a risk assessment of sexual offenders who
	579	+	are not under the custody or supervision of the department. The attorney general
	580	+	may adopt a law enforcement agency's previous assignment of risk level for an
	581	+	individual if the assessment was conducted in a manner substantially similar to
	582	+	the guidelines developed under this subsection.
	583	+	c. The juvenile courts or the agency having legal custody of a juvenile shall conduct
	584	+	a risk assessment of juvenile sexual offenders who are required to register under
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	618	+	this section. The juvenile courts or the agency having legal custody of a juvenile
	619	+	shall provide the attorney general any information, including the offender's level
	620	+	of risk and supporting documentation, concerning juveniles required to register
	621	+	and who are about to be released or placed into the community.
	622	+	d. The attorney general shall notify the offender of the risk level assigned to that
	623	+	offender. An offender may request a review of that determination with the attorney
	624	+	general's sexual offender risk assessment committee and may present any
	625	+	information that the offender believes may lower the assigned risk level.
	626	+	13. An individual assessed as a high-risk sexual offender in accordance with
	627	+	subsection 12, may not reside within five hundred feet [152.4 meters] of a public or
	628	+	nonpublic preschool or elementary, middle, or high school.
	629	+	14. Relevant and necessary conviction and registration information must be disclosed to
	630	+	the public by a law enforcement agency if the individual is a moderate or high risk and
	631	+	the agency determines that disclosure of the conviction and registration information is
	632	+	necessary for public protection. The attorney general shall develop guidelines for
	633	+	public disclosure of offender registration information. Public disclosure may include
	634	+	internet access if the offender:
	635	+	a. Is required to register for a lifetime under subsection 8;
	636	+	b. Has been determined to be a high risk to the public by the department, the
	637	+	attorney general, or the courts, according to guidelines developed by those
	638	+	agencies; or
	639	+	c. Has been determined to be a high risk to the public by an agency of another state
	640	+	or the federal government.
	641	+	If the offender has been determined to be a moderate risk, public disclosure must
	642	+	include, at a minimum, notification of the offense to the victim registered under chapter
	643	+	12.1-34 and to any agency, civic organization, or group of persons who have
	644	+	characteristics similar to those of a victim of the offender. Upon request, law
	645	+	enforcement agencies may release conviction and registration information regarding
	646	+	low-risk, moderate-risk, or high-risk offenders.
	647	+	15. A state officer, law enforcement agency, or public school district or governing body of a
	648	+	nonpublic school or any appointee, officer, or employee of those entities is not subject
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	682	+	to civil or criminal liability for making risk determinations, allowing a sexual offender to
	683	+	attend a school function under section 12.1-20-25, or for disclosing or for failing to
	684	+	disclose information as permitted by this section.
	685	+	16. If a juvenile is adjudicated delinquent and required or ordered to register as a sexual
	686	+	offender or as an offender against a child under this section, the juvenile shall comply
	687	+	with the registration requirements in this section. Notwithstanding any other provision
	688	+	of law, a law enforcement agency shall register a juvenile offender in the same manner
	689	+	as adult offenders and may release any relevant and necessary information on file to
	690	+	other law enforcement agencies, the department of health and human services, or the
	691	+	public if disclosure is necessary to protect public health or safety. The law enforcement
	692	+	agency shall release any relevant and necessary information on file to the
	693	+	superintendent or principal of the school the juvenile attends. The school
	694	+	administration shall notify others in similar positions if the juvenile transfers to another
	695	+	learning institution in or outside the state.
	696	+	17. If an individual has been required to register as a sexual offender or an offender
	697	+	against a child under section 12.1-32-15 or former section 27-20-52.1 before August 1,
	698	+	1999, the individual may petition the court to be removed from the offender list if
	699	+	registration is no longer mandatory for that individual. In considering the petition, the
	700	+	court shall comply with the requirements of this section.
	701	+	18. A sexual offender who is currently assigned a moderate or high-risk level by the
	702	+	attorney general may not use a state park of this state as a residence or residential
	703	+	address to comply with the registration requirements of this section. Before arriving at
	704	+	a state park for overnight lodging or camping, a sexual offender who is assigned a
	705	+	moderate or high-risk level by the attorney general shall notify a parks and recreation
	706	+	department law enforcement officer at the state park where the sexual offender will be
	707	+	staying.
	708	+	19. When an individual who is required to register pursuant to this section plans to travel
	709	+	outside of the United States, at least twenty-one days before the intended travel, the
	710	+	individual shall inform the agency with which the individual last registered the
	711	+	individual's residence address the details of the intended travel. Upon receipt of the
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	744	+	information from the registering law enforcement agency, the attorney general shall
	745	+	report the travel to the United States marshal service.
	746	+	SECTION 1. AMENDMENT. Subsection 13 of section 12.1-27.1-01 of the North Dakota
	747	+	Century Code is amended and reenacted as follows:
	748	+	13.As used in this chapter, "sexually expressive image" means a real, altered, or
	749	+	computer-generated photograph or visual representation that exhibits a nude or
	750	+	partially denuded human figure, as defined in section 12.1-27.1-03.1, or sexual
	751	+	conduct.
	752	+	SECTION 2. AMENDMENT. Section 12.1-27.1-03.3 of the North Dakota Century Code is
	753	+	amended and reenacted as follows:
16	754		12.1-27.1-03.3. Creation, possession, or dissemination of sexually expressive images
17	755		prohibited - Exception - Civil action.
18		-	1.A person is guilty of a class A misdemeanor if, knowing of its character and content, that
19		-	person:
20		-	a.Without written consent from each individual who has a reasonable expectation of
21		-	privacy in the image, surreptitiously creates or willfully possesses a sexually expressive
22		-	image that was surreptitiously created; or
23		-	b.Distributes or publishes, electronically or otherwise, a sexually expressive image with the
24		-	intent to cause emotional harm or humiliation to any individual depicted in the sexually
25		-	expressive image who has a reasonable expectation of privacy in the image, or after
26		-	being given notice by an individual or parent or guardian of the individual who is depicted
27		-	in a sexually expressive image that the individual, parent, or guardian does not consent
28		-	to the distribution or publication of the sexually expressive image.
29		-	2.A person is guilty of a class B misdemeanor if, knowing of its character and content, that
30		-	person acquires and knowingly distributes any sexually expressive image that was created
31		-	without the consent of the subject of the image.
32		-	3.This section does not authorize any act prohibited by any other law. If the sexually expressive
33		-	image is of a minor and possession does not violate section 12.1-27.2-04.1, a parent or
34		-	guardian of the minor may give permission for a person to possess or distribute the sexually
35		-	expressive image.
36		-	4.This section does not apply to any book, photograph, video recording, motion picture film, or
37		-	other visual representation sold in the normal course of business through wholesale or retail
38		-	outlets that possess a valid sales tax permit or used by an attorney, attorney's agent, or any
39		-	other person obtaining evidence for a criminal investigation or pending civil action, or by a
40		-	medical professional or a peace officer acting within that individual's scope of employment.
41		-	5.Nothing in this section may be construed to impose liability on a provider of an interactive
42		-	computer service, as defined under 47 U.S.C. 230, or an information service or H. B. NO. 1351 - PAGE 2
43		-	telecommunication service, as defined under 47 U.S.C. 153, for content provided by another
44		-	person.
45		-	6.A depicted individual who is identifiable and who suffers harm from a person's violation of this
46		-	section has a cause of action against the person if the person produced, possessed,
47		-	distributed, promoted, advertised, sold, exhibited, broadcasted, or transmitted the sexually
48		-	expressive image for the purpose of sexual arousal, sexual gratification, humiliation,
49		-	degradation, or monetary or commercial gain.
50		-	a.The court may order the filing party to redact from all pleadings and documents filed in
51		-	the action other identifying characteristics of the plaintiff.
52		-	b.A party to whom subdivision a applies shall file with the court and serve on all other
53		-	parties a redacted and unredacted version of the filing and a confidential information form
54		-	that includes the redacted plaintiff's name and other identifying characteristics.
55		-	c.The court may make further orders as necessary to protect the identity and privacy of a
56		-	plaintiff.
	756	+	1.A person is guilty of a class A misdemeanor if, knowing of its character and content,
	757	+	that person:
	758	+	a.Without written consent from each individual who has a reasonable expectation
	759	+	of privacy in the image, surreptitiously creates or willfully possesses a sexually
	760	+	expressive image that was surreptitiously created; or
	761	+	b.Distributes or publishes, electronically or otherwise, a sexually expressive image
	762	+	with the intent to cause emotional harm or humiliation to any individual depicted
	763	+	in the sexually expressive image who has a reasonable expectation of privacy in
	764	+	the image, or after being given notice by an individual or parent or guardian of the
	765	+	individual who is depicted in a sexually expressive image that the individual,
	766	+	parent, or guardian does not consent to the distribution or publication of the
	767	+	sexually expressive image.
	768	+	2.A person is guilty of a class B misdemeanor if, knowing of its character and content,
	769	+	that person acquires and knowingly distributes any sexually expressive image that
	770	+	was created without the consent of the subject of the image.
	771	+	3.This section does not authorize any act prohibited by any other law. If the sexually
	772	+	expressive image is of a minor and possession does not violate section
	773	+	12.1-27.2-04.1, a parent or guardian of the minor may give permission for a person to
	774	+	possess or distribute the sexually expressive image.
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	808	+	4.This section does not apply to any book, photograph, video recording, motion picture
	809	+	film, or other visual representation sold in the normal course of business through
	810	+	wholesale or retail outlets that possess a valid sales tax permit or used by an attorney,
	811	+	attorney's agent, or any other person obtaining evidence for a criminal investigation or
	812	+	pending civil action, or by a medical professional or a peace officer acting within that
	813	+	individual's scope of employment.
	814	+	5. Nothing in this section may be construed to impose liability on a provider of an
	815	+	interactive computer service, as defined under 47 U.S.C. 230, or an information
	816	+	service or telecommunication service, as defined under 47 U.S.C. 153, for content
	817	+	provided by another person.
	818	+	6. A depicted individual who is identifiable and who suffers harm from a person's violation
	819	+	of this section has a cause of action against the person if the person produced,
	820	+	possessed, distributed, promoted, advertised, sold, exhibited, broadcasted, or
	821	+	transmitted the sexually expressive image for the purpose of sexual arousal, sexual
	822	+	gratification, humiliation, degradation, or monetary or commercial gain.
	823	+	a. The court may order the filing party to redact from all pleadings and documents
	824	+	filed in the action other identifying characteristics of the plaintiff.
	825	+	b. A party to whom subdivision a applies shall file with the court and serve on all
	826	+	other parties a redacted and unredacted version of the filing and a confidential
	827	+	information form that includes the redacted plaintiff's name and other identifying
	828	+	characteristics.
	829	+	c. The court may make further orders as necessary to protect the identity and
	830	+	privacy of a plaintiff.
57	831		7. In an action under subsection 6, a prevailing plaintiff may recover:
58	832		a. The greater of:
59		-	(1)Economic and noneconomic damages proximately caused by the defendant's
60		-	violation of this section, including damages for emotional distress whether or not
61		-	accompanied by other damages; or
62		-	(2)Statutory damages not to exceed ten thousand dollars against each defendant
63		-	found liable under this section;
64		-	b.An amount equal to any monetary gain made by the defendant from the distribution,
65		-	promotion, advertising, sale, exhibition, broadcasting, or transmission of the sexually
66		-	expressive image; and
	833	+	(1) Economic and noneconomic damages proximately caused by the
	834	+	defendant's violation of this section, including damages for emotional
	835	+	distress whether or not accompanied by other damages; or
	836	+	(2) Statutory damages not to exceed ten thousand dollars against each
	837	+	defendant found liable under this section;
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	870	+	b. An amount equal to any monetary gain made by the defendant from the
	871	+	distribution, promotion, advertising, sale, exhibition, broadcasting, or transmission
	872	+	of the sexually expressive image; and
67	873		c. Exemplary damages.
68	874		8. In an action under subsection 6, the court may award a prevailing plaintiff:
69	875		a. Reasonable attorney fees and costs; and
70	876		b. Other remedies available by law, including injunctive relief.
71		-	9.This chapter does not affect or preclude any other right or remedy available under federal law
72		-	or a law of this state other than this section. H. B. NO. 1351 - PAGE 3
73		-	____________________________ ____________________________
74		-	Speaker of the House President of the Senate
75		-	____________________________ ____________________________
76		-	Chief Clerk of the House Secretary of the Senate
77		-	This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative
78		-	Assembly of North Dakota and is known on the records of that body as House Bill No. 1351.
79		-	House Vote: Yeas 93 Nays 1 Absent 0
80		-	Senate Vote:Yeas 45 Nays 0 Absent 2
81		-	____________________________
82		-	Chief Clerk of the House
83		-	Received by the Governor at ________M. on _____________________________________, 2025.
84		-	Approved at ________M. on __________________________________________________, 2025.
85		-	____________________________
86		-	Governor
87		-	Filed in this office this ___________day of _______________________________________, 2025,
88		-	at ________ o’clock ________M.
89		-	____________________________
90		-	Secretary of State
	877	+	9. This chapter does not affect or preclude any other right or remedy available under
	878	+	federal law or a law of this state other than this section.
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