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--- version:INTRODUCED
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-25.1064.01000
+25.1064.03001
+Title.04000
+Adopted by the Senate Judiciary
+Committee
Sixty-ninth
+March 26, 2025
Legislative Assembly
of North Dakota
Introduced by
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As used in this chapter:
1. "Computer-generated image" means an image or visual representation created
through the use of artificial intelligence or other computer program.
-2. "Minor" means an individual under eighteen years of age or any visual representation
-used, created, adapted, altered, or modified to appear to depict a minor by face,
-likeness, or other distinguishing characteristics.
+2. "Minor" means an individual under eighteen years of age or a computer-generated
+image used, created, adapted, altered, or modified to appear to depict an individual
+under eighteen years of age by face, likeness, or other distinguishing characteristics.
3. "Obscene sexual performance" means any performance which includes sexual
conduct by a minor in any obscene material or obscene performance, as defined in
section 12.1-27.1-01.
2.4. "Performance" means any play, motion picture, photograph, dance, or other visual
representation, or any part of a performance.
-3.5. "Promote" means to procure, manufacture, issue, sell, give, provide, lend, mail,
-deliver, transfer, transmit, ship, transport, publish, distribute, circulate, disseminate,
-present, exhibit, or advertise.
-4.6. "Sexual conduct" means actual or simulated:
-a. Sexual intercourse;
-b. Sodomy, as defined under section 12.1-27.1-01;
-Page No. 1 25.1064.01000
- HOUSE BILL NO. 1386
-
+Page No. 1 25.1064.03001
+ENGROSSED HOUSE BILL NO. 1386
+FIRST ENGROSSMENT
+PROPOSED AMENDMENTS TO
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+3.5. "Promote" means to procure, manufacture, issue, sell, give, provide, lend, mail,
+deliver, transfer, transmit, ship, transport, publish, distribute, circulate, disseminate,
+present, exhibit, or advertise.
+4.6. "Sexual conduct" means actual or simulated:
+a. Sexual intercourse;
+b. Sodomy, as defined under section 12.1-27.1-01;
c. Sexual bestiality;
d. Masturbation;
e. Sadomasochistic abuse, as defined under section 12.1-27.1-01;
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a. The offense involved twenty or more images;
b. The offense involved sadistic or masochistic conduct or other depictions of
violence;
-c. The offense involved sexual bestiality;
-d. The offense involves a prepubescent minor or a minor under twelve years of age;
-or
-e. The individual has previously been convicted of an offense subject to registration
-under section 12.1 - 32 - 15.
-Page No. 2 25.1064.01000
+Page No. 2 25.1064.03001
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-3. An individual violating this section is guilty of a class A felony if the offense involved
-sexual abuse or visual representation of an infant or toddler.
-4. This section does not impose liability on the provider of an interactive computer
-service, as defined in 47 U.S.C. 230, or an internet service provider, cloud computer
+c. The offense involved sexual bestiality;
+d. The offense involves a prepubescent minor or a minor under twelve years of age;
+or
+e. The individual has previously been convicted of an offense subject to registration
+under section 12.1 - 32 - 15.
+ 3. This section does not impose liability on the provider of an interactive computer
+service, as defined in 47 U.S.C. 230, or an internet service provider, cloud computer
provider, cybersecurity provider, communication service provider, or information
-service or telecommunication service network, as defined in 47 U.S.C. 153, for any
+service or telecommunication service network, as defined in 47 U.S.C. 153, for any
content provided by another person.
-Page No. 3 25.1064.01000
+Page No. 3 25.1064.03001
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