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Current as of January 01, 2024 | Updated by Findlaw Staff
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 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.
4. “Performance” means any play, motion picture, photograph, dance, or other visual representation, or any part of a performance.
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.
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;
f. Lewd exhibition of the buttocks, breasts, or genitals;
g. Nude or partially denuded human figure, as defined in section 12.1-27.1-03.1, if depicted for the purpose of the sexual stimulation or the sexual gratification of any individual who may view such depiction; or
h. Physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or breasts. It is not necessary that the minor know that he or she is participating in the described conduct, or any aspect of it.
7. “Sexual performance” means any performance which includes sexual conduct by a minor.
8. “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.
Cite this article: FindLaw.com - North Dakota Century Code Title 12.1. Criminal Code § 12.1-27.2-01. Definitions - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-12-1-criminal-code/nd-cent-code-sect-12-1-27-2-01/
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 before relying on it for your legal needs.
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