23.0375.02000
Sixty-eighth
Legislative Assembly HOUSE BILL NO. 1333
of North Dakota
Introduced by
Representatives Prichard, Frelich, Klemin, Koppelman, Marschall, Motschenbacher, D. Ruby,
Tveit, VanWinkle
Senator Estenson
1 A BILL for an Act to create and enact a new section to chapter 12.1-27.1 of the North Dakota
2 Century Code, relating to restrictions on adult-oriented performances; to amend and reenact
3 section 12.1-27.1-12 of the North Dakota Century Code, relating to state pre-emption of local
4 laws regulating obscenity; and to provide a penalty.
5 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
6 SECTION 1. A new section to chapter 12.1-27.1 of the North Dakota Century Code is
7 created and enacted as follows:
8 Restrictions on adult-oriented performances - Penalty.
9 1. As used in this section, "adult cabaret performance" means a performance in a
10 location other than an adult cabaret which features topless dancers, go-go dancers,
11 exotic dancers, strippers, male or female impersonators who provide entertainment
12 that appeals to a prurient interest, or similar entertainers, regardless of whether or not
13 performed for consideration.
14 2. A person is guilty of a class A misdemeanor for a first offense and a class C felony for
15 a second or subsequent offense if the person engages in an adult cabaret
16 performance:
17 a. On public property; or
18 b. In a location where the adult cabaret performance is within the line of vision of an
19 individual under the age of eighteen.
20 SECTION 2. AMENDMENT. Section 12.1-27.1-12 of the North Dakota Century Code is
21 amended and reenacted as follows:
Page No. 1 23.0375.02000
 Sixty-eighth
Legislative Assembly
1 12.1-27.1-12. State pre-emption of local laws regulating obscenity.
2 This chapter shall beis applicable and uniform throughout the state, and noa political
3 subdivision shallmay not enact new, or enforce existing, ordinances or resolutions regulating or
4 prohibiting the dissemination of obscene materials, or controlling obscene or adult-oriented
5 performances, except ordinances authorized by section 5-02-09, section 58-03-11, chapter
6 11-33, or chapter 40-47.
Page No. 2 23.0375.02000


Statutes affected:
INTRODUCED: 12.1-27.1-12
FIRST ENGROSSMENT: 12.1-27.1-12
Enrollment: 12.1-27.1-12