N.D. Cent. Code § 32-49-01

Current through the 2023 Legislative Sessions

Section 32-49-01 - Definitions

As used in this chapter:

1. "Consent" means affirmative, conscious, and voluntary authorization by an individual with legal capacity to give authorization.

2. "Depicted individual" means an individual whose body is shown in whole or in part in an intimate image.

3. "Disclosure" or "disclose" means the transfer, publication, or distribution to another person.

4. "Identifiable" means recognizable by a person other than the depicted individual from:

a. An intimate image itself; or

b. An intimate image and identifying characteristic displayed in connection with the intimate image.

5. "Identifying characteristic" means information that may be used to identify a depicted individual.

6. "Individual" means a human being.

7. "Intimate image" means a photograph, film, video recording, or other similar medium showing:

a. The uncovered genitals, pubic area, anus, or female postpubescent nipple of a depicted individual; or

b. A depicted individual engaging in or being subjected to sexual conduct.

8. "Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.

9. "Sexual conduct" includes:

a. Masturbation;

b. Genital, anal, or oral sex;

c. Sexual penetration of, or with, an object;

d. Bestiality; or

e. The transfer of semen onto a depicted individual.

N.D.C.C. § 32-49-01

Added by S.L. 2023 , ch. 316( SB 2041 ), § 1, eff. 8/1/2023.