23.0557.01000
Sixty-eighth
Legislative Assembly SENATE BILL NO. 2123
of North Dakota
Introduced by
Senator Beard
1 A BILL for an Act to amend and reenact section 12.1-27.1-03.1 of the North Dakota Century
2 Code, relating to displaying objectionable materials or performance to minors; and to provide a
3 penalty.
4 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
5 SECTION 1. AMENDMENT. Section 12.1-27.1-03.1 of the North Dakota Century Code is
6 amended and reenacted as follows:
7 12.1-27.1-03.1. Objectionable materials or performance - Display to minors -
8 Definitions - Penalty.
9 1. A person is guilty of a class B misdemeanor if hethe person willfully displays at
10 newsstands or any other business establishment frequented by minors, or where
11 minors are or may be invited as a part of the general public, any photograph, book,
12 paperback book, pamphlet, or magazine, the exposed cover or available content of
13 which exploits, is devoted to, or is principally made up ofcontains depictions or written
14 descriptions of nude or partially denuded human figures posed or presented in a
15 manner to exploit sex, lust, or perversion for commercial gain.
16 2. As used in this section:
17 a. "Nude or partially denuded human figures" means less than completely and
18 opaquely covered human genitals, pubic regions, female breasts or a female
19 breast, if the breast or breasts are exposed below a point immediately above the
20 top of the areola, or human buttocks; and includes human male genitals in a
21 discernibly turgid state even if completely and opaquely covered.
22 b. "Where minors are or may be invited as a part of the general public" includes any
23 public roadway or public walkway.
Page No. 1 23.0557.01000
 Sixty-eighth
Legislative Assembly
1 c. The above shall not be construed to include a bona fide school, college,
2 university, museum, public library, or art gallery.
Page No. 2 23.0557.01000


Statutes affected:
INTRODUCED: 12.1-27.1-03.1