2014 North Dakota Century Code Title 12.1 Criminal Code Chapter 12.1-27.2 Sexual Performances by Children
Download as PDF
CHAPTER 12.1-27.2
SEXUAL PERFORMANCES BY CHILDREN
12.1-27.2-01. Definitions.
As used in this chapter:
1. "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. "Performance" means any play, motion picture, photograph, dance, or other visual
representation, or any part of a performance.
3. "Promote" means to procure, manufacture, issue, sell, give, provide, lend, mail,
deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or
advertise.
4. "Sexual conduct" means actual or simulated sexual intercourse, sodomy, sexual
bestiality, masturbation, sadomasochistic abuse, or lewd exhibition of the buttocks,
breasts, or genitals, including the further definitions of sodomy and sadomasochistic
abuse under section 12.1-27.1-01.
5. "Sexual performance" means any performance which includes sexual conduct by a
minor.
6. "Simulated" means the explicit depiction of any of the conduct set forth in subsection 4
which creates the appearance of actual sexual conduct and which exhibits any nude or
partially denuded human figure, as defined in section 12.1-27.1-03.1.
12.1-27.2-02. Use of a minor in a sexual performance.
A person is guilty of a class B felony if, knowing the character and content of a performance,
that person employs, authorizes, or induces a minor to engage in sexual conduct during a
performance or, if being a parent, legal guardian, or custodian of a minor, that person consents
to the participation by the minor in sexual conduct during a performance.
12.1-27.2-03. Promoting or directing an obscene sexual performance by a minor.
A person is guilty of a class B felony if, knowing the character and content of a performance,
that person produces, directs, or promotes any obscene performance which includes sexual
conduct by a person who was a minor at the time of the performance.
12.1-27.2-04. Promoting a sexual performance by a minor.
A person is guilty of a class C felony if, knowing the character and content of a
performance, that person produces, directs, or promotes any performance which includes
sexual conduct by a person who was a minor at the time of the performance.
12.1-27.2-04.1. Possession of certain materials prohibited.
A person is guilty of a class C felony if, knowing of its character and content, that person
knowingly possesses any motion picture, photograph, or other visual representation that
includes sexual conduct by a minor.
12.1-27.2-04.2. Sexual performance by a minor - Enhanced penalties.
1. Notwithstanding the provisions of sections 12.1-32-01 and 12.1-32-01.1 relating to
fines, a person who commits an offense under this chapter and who acts in the course
of a commercial or for-profit activity or transaction in which the offender had or shared
ownership, control, managerial responsibility, or a financial interest other than wages is
subject to the following penalty:
a. For an individual, a fine not to exceed ten thousand dollars; or
b. For a corporation, limited liability company, association, partnership, or other legal
entity, a fine not to exceed twenty-five thousand dollars.
Page No. 1
2.
Notwithstanding the provisions of sections 12.1-32-01 and 12.1-32-01.1 relating to
fines, the court shall impose the following fine upon the conviction of a person or entity
described in subsection 1 for a second or subsequent offense under this chapter:
a. For an individual, a fine not to exceed fifty thousand dollars; or
b. For a corporation, limited liability company, association, partnership, or other legal
entity, a fine not to exceed one hundred thousand dollars.
12.1-27.2-05. Sexual performance by a minor - Affirmative defenses.
It is an affirmative defense to a prosecution under this chapter that:
1. The defendant in good faith reasonably believed the person appearing in the
performance was eighteen years of age or older; or
2. The material or performance involved was disseminated or presented for a bona fide
medical, scientific, educational, religious, governmental, judicial, or other appropriate
purpose by or to a physician, psychologist, sociologist, scientist, teacher, person
pursuing bona fide studies or research, librarian, member of the clergy, prosecutor,
judge, or other person having a similar interest in the material or performance.
12.1-27.2-06. Proof of age of minor.
When it becomes necessary under this chapter to determine whether a minor participated in
a sexual performance, the trier of fact may base its determination on personal inspection of the
minor, inspection of a photograph or motion picture of the sexual performance, testimony by a
witness to the sexual performance as to the age of the minor based upon the minor's
appearance, expert testimony based upon the appearance of the minor in the sexual
performance, or any other method authorized by law or by rule.
Page No. 2
Disclaimer: These codes may not be the most recent version. North Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
