This 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 may be held liable for these actions, particularly emphasizing the need for consent from individuals depicted in the images. Additionally, the bill introduces provisions for civil action, 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 any monetary gain made by the defendant from the unlawful distribution of the images. The bill also includes protections for the identity and privacy of plaintiffs in such cases, allowing courts to issue orders to redact identifying information from legal documents. Furthermore, it clarifies that the law does not impose liability on providers of interactive computer services for content provided by others.

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