1. A person, with intent to arouse, appeal to, or gratify that person's lust, passions,
or sexual desires, is guilty of a class A misdemeanor if that person:
a. Masturbates in a public place or in the presence of a minor;
b. Exposes one's penis, vulva, or anus in a public place or to a minor in a public
or private place;
c. Exposes one's penis, vulva, or anus by unsolicited electronic means; or
d. Exposes one's penis, vulva, or anus by any electronic means to a minor.
2. A person is guilty of a class C felony if the person violates subsection 1 after
a previous conviction for violating subsection 1, after a previous conviction for
violating section 12.1-20-12.2, or after being required to register under section 12.1-32-15.
3. A person who commits a violation of subdivision a or b of subsection 1 within fifty
feet [15.24 meters] of or on the real property comprising a public or nonpublic elementary,
middle, or high school is guilty of a class C felony. A person who commits a violation of subsection 2 within fifty feet [15.24 meters]
of or on the real property comprising a public or nonpublic elementary, middle, or
high school is guilty of a class B felony.
4. The act of a woman discreetly breastfeeding her child is not a violation of this
5. As used in this section, “electronic means” includes images and pictures transmitted via electronic mail, electronic messaging,
or from an electronic communications device.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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