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. Additionally, the bill introduces a civil action provision allowing individuals depicted in these images to seek damages if they suffer harm due to violations of the law.

Furthermore, the bill provides specific legal protections for individuals who are identifiable in sexually expressive images, allowing them to pursue damages for emotional distress and other losses. It outlines the potential for statutory damages, monetary gains from the distribution of the images, and the possibility of recovering attorney fees and costs. The bill also clarifies that it does not impose liability on interactive computer service providers for content created by others and ensures that existing rights 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