{
  "batch": "754-north-dakota-recording-consent-one-party-or-two-party",
  "articles": [
    {
      "id": "learn_r754_north_dakota_recording_consent_one_party_or_two_party_754_north_dakota_recording_consent_one_party_or_two_par",
      "category": "Safety",
      "title": "[Unverified - being checked] N.D.C.C. 32-49-02: Civil action for unauthorized disclosure of an intimate image",
      "summary": "[Unverified - being checked] N.D.C.C. 32-49-02(2) gives a depicted individual who is identifiable and suffers harm a cause of action against a person who intentionally discloses, or threatens to disclose, a private intimate image without consent, if the person knew or recklessly disregarded that there was no consent, that the image was private and that the individual was identifiable. Prior consent to creation or an earlier consensual disclosure does not by itself establish consent (subsection 3).",
      "body": "N.D.C.C. 32-49-02(2) gives a depicted individual who is identifiable and suffers harm a cause of action against a person who intentionally discloses, or threatens to disclose, a private intimate image without consent, if the person knew or recklessly disregarded that there was no consent, that the image was private and that the individual was identifiable. Prior consent to creation or an earlier consensual disclosure does not by itself establish consent (subsection 3).\n\nWhat North Dakota Legislative Branch (North Dakota Century Code) actually says:\n\n“2. Except as otherwise provided under section 32-49-03, a depicted individual who is identifiable and who suffers harm from a person's intentional disclosure or threatened disclosure of an intimate image that was private without the depicted individual's consent has a cause of action against the person if the person knew or acted with reckless disregard for whether the: a. Depicted individual did not consent to the disclosure; b. Intimate image was private; and c. Depicted individual was identifiable. 3. The following conduct by a depicted individual does not establish by itself that the individual consented to the disclosure of the intimate image which is the subject of an action under this chapter or the individual lacked a reasonable expectation of privacy: a. Consent to creation of the image; or b. Previous consensual disclosure of the image.”\n\nNote: Source is the legislature's chapter PDF (ndlegis.gov); the verifier cannot read PDFs, quote checked by hand with pdftotext.",
      "source_type": "official",
      "source_link": "https://ndlegis.gov/cencode/t32c49.pdf",
      "last_verified": "2026-10-19",
      "reliability": "STRONG PRACTICE",
      "source_tier": "A",
      "source_publisher": "North Dakota Legislative Branch (North Dakota Century Code)",
      "evidence_quote": "2. Except as otherwise provided under section 32-49-03, a depicted individual who is identifiable and who suffers harm from a person's intentional disclosure or threatened disclosure of an intimate image that was private without the depicted individual's consent has a cause of action against the person if the person knew or acted with reckless disregard for whether the: a. Depicted individual did not consent to the disclosure; b. Intimate image was private; and c. Depicted individual was identifiable. 3. The following conduct by a depicted individual does not establish by itself that the individual consented to the disclosure of the intimate image which is the subject of an action under this chapter or the individual lacked a reasonable expectation of privacy: a. Consent to creation of the image; or b. Previous consensual disclosure of the image.",
      "volatility": "low",
      "from_batch": "754-north-dakota-recording-consent-one-party-or-two-party",
      "subject": "N.D.C.C. 32-49-02",
      "topic": "Civil action for unauthorized disclosure of an intimate image",
      "applies_to_country": "US",
      "applies_to_scope": "ND",
      "tags": {
        "lane": "any",
        "stage": "setting_up",
        "region": [
          "us-nd"
        ],
        "platform": "any",
        "topic": [
          "unclassified"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    }
  ]
}