The bill amends the North Dakota Century Code to redefine "sexually expressive image" to include real, altered, or computer-generated photographs or visual representations that depict a nude or partially denuded human figure or sexual conduct. It also establishes penalties for the creation, possession, or dissemination of such images without consent, categorizing violations as either a class A or class B misdemeanor depending on the circumstances. The bill outlines specific conditions under which individuals can be held liable for distributing sexually expressive images, particularly when done with the intent to cause emotional harm or humiliation. Additionally, the bill introduces provisions for civil actions, allowing identifiable individuals who suffer harm from violations to seek damages. It specifies that a prevailing plaintiff may recover economic and noneconomic damages, statutory damages, and exemplary damages, along with reasonable attorney fees and costs. The bill also clarifies that it does not impose liability on providers of interactive computer services for content provided by others and ensures that existing rights and remedies under federal or state law remain unaffected.

Statutes affected:
INTRODUCED: 12.1-32-15
Adopted by the House Judiciary Committee: 12.1-32-15
FIRST ENGROSSMENT: 12.1-32-15
Adopted by the Senate Judiciary Committee: 12.1-27.1-01, 12.1-27.1-03.3
Enrollment: 12.1-27.1-01, 12.1-27.1-03.3