{ "batch": "756-north-dakota-obscenity-and-distribution", "articles": [ { "id": "learn_r756_north_dakota_obscenity_and_distribution_756_north_dakota_obscenity_and_distribution_anchor_12p1_27p1", "category": "Safety", "title": "[Unverified - being checked] North Dakota Century Code: Chapter 12.1-27.1 index heading (anchor)", "summary": "[Unverified - being checked] The North Dakota Legislative Branch's official Century Code site (ndlegis.gov) publishes chapter 12.1-27.1 under the heading quoted.", "body": "The North Dakota Legislative Branch's official Century Code site (ndlegis.gov) publishes chapter 12.1-27.1 under the heading quoted.\n\nWhat North Dakota Legislative Branch (North Dakota Century Code) actually says:\n\n“North Dakota Century Code Chapter 12.1-27.1 Obscenity Control”\n\nNote: Anchor record: the legislature's own statute site, ndlegis.gov (state domain).", "source_type": "official", "source_link": "https://ndlegis.gov/cencode/t12-1c27-1.html", "last_verified": "2026-10-19", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "North Dakota Legislative Branch (North Dakota Century Code)", "evidence_quote": "North Dakota Century Code Chapter 12.1-27.1 Obscenity Control", "volatility": "low", "from_batch": "756-north-dakota-obscenity-and-distribution", "subject": "North Dakota Century Code", "topic": "Chapter 12.1-27.1 index heading (anchor)", "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" } }, { "id": "learn_r756_north_dakota_obscenity_and_distribution_756_north_dakota_obscenity_and_distribution_obs_def_12p1_27p1_01_5", "category": "Safety", "title": "[Unverified - being checked] N.D.C.C. 12.1-27.1-01: Obscenity: three-part definition (North Dakota standards)", "summary": "[Unverified - being checked] N.D.C.C. 12.1-27.1-01(5) defines obscene material or performance as that which, taken as a whole, the average person applying contemporary North Dakota standards would find predominantly appeals to a prurient interest, depicts or describes sexual conduct in a patently offensive manner, and lacks serious literary, artistic, political or scientific value; it is judged by reference to ordinary adults unless designed for minors or another specially susceptible audience.", "body": "N.D.C.C. 12.1-27.1-01(5) defines obscene material or performance as that which, taken as a whole, the average person applying contemporary North Dakota standards would find predominantly appeals to a prurient interest, depicts or describes sexual conduct in a patently offensive manner, and lacks serious literary, artistic, political or scientific value; it is judged by reference to ordinary adults unless designed for minors or another specially susceptible audience.\n\nWhat North Dakota Legislative Branch (North Dakota Century Code) actually says:\n\n“5. As used in this chapter, the terms \"obscene material\" and \"obscene performance\" mean material or a performance which: a. Taken as a whole, the average person, applying contemporary North Dakota standards, would find predominantly appeals to a prurient interest; b. Depicts or describes in a patently offensive manner sexual conduct, whether normal or perverted; and c. Taken as a whole, the reasonable person would find lacking in serious literary, artistic, political, or scientific value. Whether material or a performance is obscene must be judged with reference to ordinary adults, unless it appears from the character of the material or the circumstances of its dissemination that the material or performance is designed for minors or other specially susceptible audience, in which case the material or performance must be judged with reference to that type of audience.”\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/t12-1c27-1.pdf", "last_verified": "2026-10-19", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "North Dakota Legislative Branch (North Dakota Century Code)", "evidence_quote": "5. As used in this chapter, the terms \"obscene material\" and \"obscene performance\" mean material or a performance which: a. Taken as a whole, the average person, applying contemporary North Dakota standards, would find predominantly appeals to a prurient interest; b. Depicts or describes in a patently offensive manner sexual conduct, whether normal or perverted; and c. Taken as a whole, the reasonable person would find lacking in serious literary, artistic, political, or scientific value. Whether material or a performance is obscene must be judged with reference to ordinary adults, unless it appears from the character of the material or the circumstances of its dissemination that the material or performance is designed for minors or other specially susceptible audience, in which case the material or performance must be judged with reference to that type of audience.", "volatility": "low", "from_batch": "756-north-dakota-obscenity-and-distribution", "subject": "N.D.C.C. 12.1-27.1-01", "topic": "Obscenity: three-part definition (North Dakota standards)", "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" } }, { "id": "learn_r756_north_dakota_obscenity_and_distribution_756_north_dakota_obscenity_and_distribution_obs_12p1_27p1_01_1_3", "category": "Safety", "title": "[Unverified - being checked] N.D.C.C. 12.1-27.1-01: Obscenity: dissemination, performance, and establishment offenses", "summary": "[Unverified - being checked] N.D.C.C. 12.1-27.1-01(1)-(3) makes it a class C felony to knowingly disseminate obscene material or produce, transport or send it with intent that it be disseminated, to present or direct an obscene performance for pecuniary gain or participate in any portion of one, and, as owner or manager of an alcohol-licensed establishment, to permit one.", "body": "N.D.C.C. 12.1-27.1-01(1)-(3) makes it a class C felony to knowingly disseminate obscene material or produce, transport or send it with intent that it be disseminated, to present or direct an obscene performance for pecuniary gain or participate in any portion of one, and, as owner or manager of an alcohol-licensed establishment, to permit one.\n\nWhat North Dakota Legislative Branch (North Dakota Century Code) actually says:\n\n“1. A person is guilty of a class C felony if, knowing of its character, the person disseminates obscene material or if the person produces, transports, or sends obscene material with intent that it be disseminated. 2. A person is guilty of a class C felony if the person presents or directs an obscene performance for pecuniary gain or participates in any portion of a performance which contributes to the obscenity of the performance as a whole. 3. A person is guilty of a class C felony if the person, as owner or manager of an establishment licensed under section 5-02-01, permits an obscene performance in the establishment. A person is guilty of a class C felony if that person participates, whether or not for compensation, in an obscene performance in an establishment licensed under section 5-02-01.”\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/t12-1c27-1.pdf", "last_verified": "2026-10-19", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "North Dakota Legislative Branch (North Dakota Century Code)", "evidence_quote": "1. A person is guilty of a class C felony if, knowing of its character, the person disseminates obscene material or if the person produces, transports, or sends obscene material with intent that it be disseminated. 2. A person is guilty of a class C felony if the person presents or directs an obscene performance for pecuniary gain or participates in any portion of a performance which contributes to the obscenity of the performance as a whole. 3. A person is guilty of a class C felony if the person, as owner or manager of an establishment licensed under section 5-02-01, permits an obscene performance in the establishment. A person is guilty of a class C felony if that person participates, whether or not for compensation, in an obscene performance in an establishment licensed under section 5-02-01.", "volatility": "low", "from_batch": "756-north-dakota-obscenity-and-distribution", "subject": "N.D.C.C. 12.1-27.1-01", "topic": "Obscenity: dissemination, performance, and establishment offenses", "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" } }, { "id": "learn_r756_north_dakota_obscenity_and_distribution_756_north_dakota_obscenity_and_distribution_obs_diss_12p1_27p1_01_6", "category": "Safety", "title": "[Unverified - being checked] N.D.C.C. 12.1-27.1-01: Obscenity: 'disseminate' covers transmission for pecuniary gain", "summary": "[Unverified - being checked] N.D.C.C. 12.1-27.1-01(6) defines 'disseminate' as to sell, lease, rent, advertise, broadcast, transmit, exhibit, or distribute for pecuniary gain; the verb is not limited to physical delivery, so a paid online transmission would fall within it if the material were found obscene under subsection 5.", "body": "N.D.C.C. 12.1-27.1-01(6) defines 'disseminate' as to sell, lease, rent, advertise, broadcast, transmit, exhibit, or distribute for pecuniary gain; the verb is not limited to physical delivery, so a paid online transmission would fall within it if the material were found obscene under subsection 5.\n\nWhat North Dakota Legislative Branch (North Dakota Century Code) actually says:\n\n“6. As used in this chapter, \"disseminate\" means to sell, lease, rent, advertise, broadcast, transmit, exhibit, or distribute for pecuniary gain.”\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/t12-1c27-1.pdf", "last_verified": "2026-10-19", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "North Dakota Legislative Branch (North Dakota Century Code)", "evidence_quote": "6. As used in this chapter, \"disseminate\" means to sell, lease, rent, advertise, broadcast, transmit, exhibit, or distribute for pecuniary gain.", "volatility": "low", "from_batch": "756-north-dakota-obscenity-and-distribution", "subject": "N.D.C.C. 12.1-27.1-01", "topic": "Obscenity: 'disseminate' covers transmission for pecuniary gain", "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" } }, { "id": "learn_r756_north_dakota_obscenity_and_distribution_756_north_dakota_obscenity_and_distribution_obs_sexcond_12p1_27p1_01_", "category": "Safety", "title": "[Unverified - being checked] N.D.C.C. 12.1-27.1-01: Obscenity: 'sexual conduct' definition", "summary": "[Unverified - being checked] N.D.C.C. 12.1-27.1-01(11) defines sexual conduct as actual or simulated sexual intercourse, sodomy, bestiality, masturbation, sadomasochistic abuse, excretion, or lewd exhibition of the male or female genitals.", "body": "N.D.C.C. 12.1-27.1-01(11) defines sexual conduct as actual or simulated sexual intercourse, sodomy, bestiality, masturbation, sadomasochistic abuse, excretion, or lewd exhibition of the male or female genitals.\n\nWhat North Dakota Legislative Branch (North Dakota Century Code) actually says:\n\n“11. As used in this chapter, the term \"sexual conduct\" means actual or simulated: a. Sexual intercourse; b. Sodomy; c. Sexual bestiality; d. Masturbation; e. Sadomasochistic abuse; f. Excretion; or g. Lewd exhibition of the male or female genitals.”\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/t12-1c27-1.pdf", "last_verified": "2026-10-19", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "North Dakota Legislative Branch (North Dakota Century Code)", "evidence_quote": "11. As used in this chapter, the term \"sexual conduct\" means actual or simulated: a. Sexual intercourse; b. Sodomy; c. Sexual bestiality; d. Masturbation; e. Sadomasochistic abuse; f. Excretion; or g. Lewd exhibition of the male or female genitals.", "volatility": "low", "from_batch": "756-north-dakota-obscenity-and-distribution", "subject": "N.D.C.C. 12.1-27.1-01", "topic": "Obscenity: 'sexual conduct' definition", "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" } }, { "id": "learn_r756_north_dakota_obscenity_and_distribution_756_north_dakota_obscenity_and_distribution_obs_fine_12p1_27p1_01_4", "category": "Safety", "title": "[Unverified - being checked] N.D.C.C. 12.1-27.1-01: Obscenity: added fines for commercial offenses", "summary": "[Unverified - being checked] N.D.C.C. 12.1-27.1-01(4) adds a fine of up to ten thousand dollars (individual) or twenty-five thousand dollars (entity) when the offense is committed in a commercial or for-profit activity in which the offender had ownership, control or a financial interest other than wages, and up to fifty thousand and one hundred thousand dollars for a second or later offense.", "body": "N.D.C.C. 12.1-27.1-01(4) adds a fine of up to ten thousand dollars (individual) or twenty-five thousand dollars (entity) when the offense is committed in a commercial or for-profit activity in which the offender had ownership, control or a financial interest other than wages, and up to fifty thousand and one hundred thousand dollars for a second or later offense.\n\nWhat North Dakota Legislative Branch (North Dakota Century Code) actually says:\n\n“4. a. In addition to the penalty provided in subsection 1, 2, or 3, any person who violates subsection 1, 2, or 3 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: (1) For an individual, a fine not to exceed ten thousand dollars; or (2) For a corporation, limited liability company, association, partnership, or other legal entity, a fine not to exceed twenty-five thousand dollars. b. In addition to the penalty provided in subsection 1, 2, or 3, the court shall impose the following penalty upon the conviction of a person or entity described in subdivision a for a second or subsequent offense under subsection 1, 2, or 3: (1) For an individual, a fine not to exceed fifty thousand dollars; or (2) For a corporation, limited liability company, association, partnership, or other legal entity, a fine not to exceed one hundred thousand dollars.”\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/t12-1c27-1.pdf", "last_verified": "2026-10-19", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "North Dakota Legislative Branch (North Dakota Century Code)", "evidence_quote": "4. a. In addition to the penalty provided in subsection 1, 2, or 3, any person who violates subsection 1, 2, or 3 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: (1) For an individual, a fine not to exceed ten thousand dollars; or (2) For a corporation, limited liability company, association, partnership, or other legal entity, a fine not to exceed twenty-five thousand dollars. b. In addition to the penalty provided in subsection 1, 2, or 3, the court shall impose the following penalty upon the conviction of a person or entity described in subdivision a for a second or subsequent offense under subsection 1, 2, or 3: (1) For an individual, a fine not to exceed fifty thousand dollars; or (2) For a corporation, limited liability company, association, partnership, or other legal entity, a fine not to exceed one hundred thousand dollars.", "volatility": "low", "from_batch": "756-north-dakota-obscenity-and-distribution", "subject": "N.D.C.C. 12.1-27.1-01", "topic": "Obscenity: added fines for commercial offenses", "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" } }, { "id": "learn_r756_north_dakota_obscenity_and_distribution_756_north_dakota_obscenity_and_distribution_harm_12p1_27p1_02", "category": "Safety", "title": "[Unverified - being checked] N.D.C.C. 12.1-27.1-02: Harmful to minors: definition", "summary": "[Unverified - being checked] N.D.C.C. 12.1-27.1-02(2) defines 'harmful to minors' as a description or representation of sexual conduct or sexual excitement that, considered as a whole, appeals to the prurient sexual interest of minors, is patently offensive to prevailing standards in the North Dakota adult community regarding material suitable for minors, and lacks serious literary, artistic, political or scientific value for minors.", "body": "N.D.C.C. 12.1-27.1-02(2) defines 'harmful to minors' as a description or representation of sexual conduct or sexual excitement that, considered as a whole, appeals to the prurient sexual interest of minors, is patently offensive to prevailing standards in the North Dakota adult community regarding material suitable for minors, and lacks serious literary, artistic, political or scientific value for minors.\n\nWhat North Dakota Legislative Branch (North Dakota Century Code) actually says:\n\n“2. \"Harmful to minors\" means that quality of any description or representation, in whatever form of sexual conduct or sexual excitement, when such description or representation: a. Considered as a whole, appeals to the prurient sexual interest of minors; b. Is patently offensive to prevailing standards in the adult community in North Dakota as a whole with respect to what is suitable material for minors; and c. Considered as a whole, lacks serious literary, artistic, political, or scientific value for minors.”\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/t12-1c27-1.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. \"Harmful to minors\" means that quality of any description or representation, in whatever form of sexual conduct or sexual excitement, when such description or representation: a. Considered as a whole, appeals to the prurient sexual interest of minors; b. Is patently offensive to prevailing standards in the adult community in North Dakota as a whole with respect to what is suitable material for minors; and c. Considered as a whole, lacks serious literary, artistic, political, or scientific value for minors.", "volatility": "low", "from_batch": "756-north-dakota-obscenity-and-distribution", "subject": "N.D.C.C. 12.1-27.1-02", "topic": "Harmful to minors: definition", "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" } }, { "id": "learn_r756_north_dakota_obscenity_and_distribution_756_north_dakota_obscenity_and_distribution_harm_off_12p1_27p1_03", "category": "Safety", "title": "[Unverified - being checked] N.D.C.C. 12.1-27.1-03: Promoting obscenity to minors: class C felony", "summary": "[Unverified - being checked] N.D.C.C. 12.1-27.1-03 makes it a class C felony to recklessly promote to a minor any material or performance harmful to minors, to admit a minor to premises where such a performance takes place, or to permit a minor to participate in one.", "body": "N.D.C.C. 12.1-27.1-03 makes it a class C felony to recklessly promote to a minor any material or performance harmful to minors, to admit a minor to premises where such a performance takes place, or to permit a minor to participate in one.\n\nWhat North Dakota Legislative Branch (North Dakota Century Code) actually says:\n\n“1. It is a class C felony for a person, knowing of its character, to recklessly promote to a minor any material or performance which is harmful to minors, or to admit a minor to premises where a performance harmful to minors is exhibited or takes place. 2. It is a class C felony to permit a minor to participate in a performance which is harmful to minors.”\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/t12-1c27-1.pdf", "last_verified": "2026-10-19", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "North Dakota Legislative Branch (North Dakota Century Code)", "evidence_quote": "1. It is a class C felony for a person, knowing of its character, to recklessly promote to a minor any material or performance which is harmful to minors, or to admit a minor to premises where a performance harmful to minors is exhibited or takes place. 2. It is a class C felony to permit a minor to participate in a performance which is harmful to minors.", "volatility": "low", "from_batch": "756-north-dakota-obscenity-and-distribution", "subject": "N.D.C.C. 12.1-27.1-03", "topic": "Promoting obscenity to minors: class C felony", "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" } }, { "id": "learn_r756_north_dakota_obscenity_and_distribution_756_north_dakota_obscenity_and_distribution_display_12p1_27p1_03p1", "category": "Safety", "title": "[Unverified - being checked] N.D.C.C. 12.1-27.1-03.1: Display of nude figures where minors may be present", "summary": "[Unverified - being checked] N.D.C.C. 12.1-27.1-03.1 makes it a class B misdemeanor to willfully display, at a newsstand or other business frequented by minors or where minors may be invited as part of the general public, publications whose exposed cover or content is principally depictions of nude or partially denuded figures posed to exploit sex for commercial gain.", "body": "N.D.C.C. 12.1-27.1-03.1 makes it a class B misdemeanor to willfully display, at a newsstand or other business frequented by minors or where minors may be invited as part of the general public, publications whose exposed cover or content is principally depictions of nude or partially denuded figures posed to exploit sex for commercial gain.\n\nWhat North Dakota Legislative Branch (North Dakota Century Code) actually says:\n\n“1. A person is guilty of a class B misdemeanor if he willfully displays at newsstands or any other business establishment frequented by minors, or where minors are or may be invited as a part of the general public, any photograph, book, paperback book, pamphlet, or magazine, the exposed cover or available content of which exploits, is devoted to, or is principally made up of depictions of nude or partially denuded human figures posed or presented in a manner to exploit sex, lust, or perversion for commercial gain.”\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/t12-1c27-1.pdf", "last_verified": "2026-10-19", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "North Dakota Legislative Branch (North Dakota Century Code)", "evidence_quote": "1. A person is guilty of a class B misdemeanor if he willfully displays at newsstands or any other business establishment frequented by minors, or where minors are or may be invited as a part of the general public, any photograph, book, paperback book, pamphlet, or magazine, the exposed cover or available content of which exploits, is devoted to, or is principally made up of depictions of nude or partially denuded human figures posed or presented in a manner to exploit sex, lust, or perversion for commercial gain.", "volatility": "low", "from_batch": "756-north-dakota-obscenity-and-distribution", "subject": "N.D.C.C. 12.1-27.1-03.1", "topic": "Display of nude figures where minors may be present", "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" } }, { "id": "learn_r756_north_dakota_obscenity_and_distribution_756_north_dakota_obscenity_and_distribution_adultperf_12p1_27p1_03p4", "category": "Safety", "title": "[Unverified - being checked] N.D.C.C. 12.1-27.1-03.4: Adult-oriented performances on public property or where minors may be present", "summary": "[Unverified - being checked] N.D.C.C. 12.1-27.1-03.4 makes organizing an adult-oriented performance on public property, or at a business establishment frequented by minors or where minors may be invited as part of the general public, a class A misdemeanor for a first offense and a class C felony for a second or later offense.", "body": "N.D.C.C. 12.1-27.1-03.4 makes organizing an adult-oriented performance on public property, or at a business establishment frequented by minors or where minors may be invited as part of the general public, a class A misdemeanor for a first offense and a class C felony for a second or later offense.\n\nWhat North Dakota Legislative Branch (North Dakota Century Code) actually says:\n\n“2. A person is guilty of a class A misdemeanor for a first offense and a class C felony for a second or subsequent offense if the person organizes an adult-oriented performance: a. On public property; or b. At a business establishment frequented by minors, or where minors are or may be invited as a part of the general public.”\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/t12-1c27-1.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. A person is guilty of a class A misdemeanor for a first offense and a class C felony for a second or subsequent offense if the person organizes an adult-oriented performance: a. On public property; or b. At a business establishment frequented by minors, or where minors are or may be invited as a part of the general public.", "volatility": "low", "from_batch": "756-north-dakota-obscenity-and-distribution", "subject": "N.D.C.C. 12.1-27.1-03.4", "topic": "Adult-oriented performances on public property or where minors may be present", "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" } }, { "id": "learn_r756_north_dakota_obscenity_and_distribution_756_north_dakota_obscenity_and_distribution_adultperfdef_12p1_27p1_03", "category": "Safety", "title": "[Unverified - being checked] N.D.C.C. 12.1-27.1-03.4: Definition of adult-oriented performance", "summary": "[Unverified - being checked] N.D.C.C. 12.1-27.1-03.4(1)(a) defines an \"adult-oriented performance\" as a performance, whether or not performed for consideration, intended to appeal to a prurient interest and featuring purposeful exposure of genitals, pubic region, buttocks or a female breast below the areola (or prosthetic equivalents) or sexual conduct.", "body": "N.D.C.C. 12.1-27.1-03.4(1)(a) defines an \"adult-oriented performance\" as a performance, whether or not performed for consideration, intended to appeal to a prurient interest and featuring purposeful exposure of genitals, pubic region, buttocks or a female breast below the areola (or prosthetic equivalents) or sexual conduct.\n\nWhat North Dakota Legislative Branch (North Dakota Century Code) actually says:\n\n“\"Adult-oriented performance\" means a performance that, regardless of whether or not performed for consideration, is intended to appeal to a prurient interest and features: (1) The purposeful exposure, whether complete or partial, of: (a) A human genital, the pubic region, the human buttocks, or a female breast, if the breast is exposed below a point immediately above the top of the areola; or (b) Prosthetic genitalia, breasts, or buttocks; or (2) Sexual conduct.”\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/t12-1c27-1.pdf", "last_verified": "2026-10-19", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "North Dakota Legislative Branch (North Dakota Century Code)", "evidence_quote": "\"Adult-oriented performance\" means a performance that, regardless of whether or not performed for consideration, is intended to appeal to a prurient interest and features: (1) The purposeful exposure, whether complete or partial, of: (a) A human genital, the pubic region, the human buttocks, or a female breast, if the breast is exposed below a point immediately above the top of the areola; or (b) Prosthetic genitalia, breasts, or buttocks; or (2) Sexual conduct.", "volatility": "low", "from_batch": "756-north-dakota-obscenity-and-distribution", "subject": "N.D.C.C. 12.1-27.1-03.4", "topic": "Definition of adult-oriented performance", "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" } }, { "id": "learn_r756_north_dakota_obscenity_and_distribution_756_north_dakota_obscenity_and_distribution_obs_exc_12p1_27p1_11", "category": "Safety", "title": "[Unverified - being checked] N.D.C.C. 12.1-27.1-11: Exceptions to criminal liability", "summary": "[Unverified - being checked] N.D.C.C. 12.1-27.1-11 exempts from 12.1-27.1-01 and -03 possession or distribution in the course of law enforcement, judicial or legislative activities, possession by a bona fide school, college, museum or public library for adult research, and returning material found obscene to its distributor.", "body": "N.D.C.C. 12.1-27.1-11 exempts from 12.1-27.1-01 and -03 possession or distribution in the course of law enforcement, judicial or legislative activities, possession by a bona fide school, college, museum or public library for adult research, and returning material found obscene to its distributor.\n\nWhat North Dakota Legislative Branch (North Dakota Century Code) actually says:\n\n“Sections 12.1-27.1-01 and 12.1-27.1-03 shall not apply to the possession or distribution of material in the course of law enforcement, judicial, or legislative activities; or to the possession of material by a bona fide school, college, university, museum, or public library for limited access for educational research purposes carried on at such an institution by adults only. Sections 12.1-27.1-01 and 12.1-27.1-03 shall also not apply to a person who is returning material, found to be obscene, to the distributor or publisher initially delivering it to the person returning it.”\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/t12-1c27-1.pdf", "last_verified": "2026-10-19", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "North Dakota Legislative Branch (North Dakota Century Code)", "evidence_quote": "Sections 12.1-27.1-01 and 12.1-27.1-03 shall not apply to the possession or distribution of material in the course of law enforcement, judicial, or legislative activities; or to the possession of material by a bona fide school, college, university, museum, or public library for limited access for educational research purposes carried on at such an institution by adults only. Sections 12.1-27.1-01 and 12.1-27.1-03 shall also not apply to a person who is returning material, found to be obscene, to the distributor or publisher initially delivering it to the person returning it.", "volatility": "low", "from_batch": "756-north-dakota-obscenity-and-distribution", "subject": "N.D.C.C. 12.1-27.1-11", "topic": "Exceptions to criminal liability", "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" } }, { "id": "learn_r756_north_dakota_obscenity_and_distribution_756_north_dakota_obscenity_and_distribution_preempt_12p1_27p1_12", "category": "Safety", "title": "[Unverified - being checked] N.D.C.C. 12.1-27.1-12: State pre-emption of local obscenity ordinances", "summary": "[Unverified - being checked] N.D.C.C. 12.1-27.1-12 makes chapter 12.1-27.1 applicable throughout the state and bars a political subdivision from enacting or enforcing ordinances regulating the dissemination of obscene materials or controlling obscene or adult-oriented performances, except ordinances authorized by section 5-02-09, section 58-03-11, chapter 11-33, or chapter 40-47.", "body": "N.D.C.C. 12.1-27.1-12 makes chapter 12.1-27.1 applicable throughout the state and bars a political subdivision from enacting or enforcing ordinances regulating the dissemination of obscene materials or controlling obscene or adult-oriented performances, except ordinances authorized by section 5-02-09, section 58-03-11, chapter 11-33, or chapter 40-47.\n\nWhat North Dakota Legislative Branch (North Dakota Century Code) actually says:\n\n“This chapter is applicable throughout the state, and a political subdivision may not enact new, or enforce existing, ordinances or resolutions regulating or prohibiting the dissemination of obscene materials, or controlling obscene or adult-oriented performances, except ordinances authorized by section 5-02-09, section 58-03-11, chapter 11-33, or chapter 40-47.”\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/t12-1c27-1.pdf", "last_verified": "2026-10-19", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "North Dakota Legislative Branch (North Dakota Century Code)", "evidence_quote": "This chapter is applicable throughout the state, and a political subdivision may not enact new, or enforce existing, ordinances or resolutions regulating or prohibiting the dissemination of obscene materials, or controlling obscene or adult-oriented performances, except ordinances authorized by section 5-02-09, section 58-03-11, chapter 11-33, or chapter 40-47.", "volatility": "low", "from_batch": "756-north-dakota-obscenity-and-distribution", "subject": "N.D.C.C. 12.1-27.1-12", "topic": "State pre-emption of local obscenity ordinances", "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" } }, { "id": "learn_r756_north_dakota_obscenity_and_distribution_756_north_dakota_obscenity_and_distribution_sei_12p1_27p1_03p3_crim", "category": "Safety", "title": "[Unverified - being checked] N.D.C.C. 12.1-27.1-03.3: Surreptitious or non-consensual sexually expressive images - crime", "summary": "[Unverified - being checked] N.D.C.C. 12.1-27.1-03.3(1)-(2) makes it a class A misdemeanor to surreptitiously create (or knowingly possess a surreptitiously created) sexually expressive image without written consent, or to distribute or publish one with intent to cause emotional harm or after notice that the depicted person does not consent, and a class B misdemeanor to knowingly distribute an image created without the subject's consent.", "body": "N.D.C.C. 12.1-27.1-03.3(1)-(2) makes it a class A misdemeanor to surreptitiously create (or knowingly possess a surreptitiously created) sexually expressive image without written consent, or to distribute or publish one with intent to cause emotional harm or after notice that the depicted person does not consent, and a class B misdemeanor to knowingly distribute an image created without the subject's consent.\n\nWhat North Dakota Legislative Branch (North Dakota Century Code) actually says:\n\n“1. A person is guilty of a class A misdemeanor if, knowing of its character and content, that person: a. Without written consent from each individual who has a reasonable expectation of privacy in the image, surreptitiously creates or willfully possesses a sexually expressive image that was surreptitiously created; or b. Distributes or publishes, electronically or otherwise, a sexually expressive image with the intent to cause emotional harm or humiliation to any individual depicted in the sexually expressive image who has a reasonable expectation of privacy in the image, or after being given notice by an individual or parent or guardian of the individual who is depicted in a sexually expressive image that the individual, parent, or guardian does not consent to the distribution or publication of the sexually expressive image. 2. A person is guilty of a class B misdemeanor if, knowing of its character and content, that person acquires and knowingly distributes any sexually expressive image that was created without the consent of the subject 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/t12-1c27-1.pdf", "last_verified": "2026-10-19", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "North Dakota Legislative Branch (North Dakota Century Code)", "evidence_quote": "1. A person is guilty of a class A misdemeanor if, knowing of its character and content, that person: a. Without written consent from each individual who has a reasonable expectation of privacy in the image, surreptitiously creates or willfully possesses a sexually expressive image that was surreptitiously created; or b. Distributes or publishes, electronically or otherwise, a sexually expressive image with the intent to cause emotional harm or humiliation to any individual depicted in the sexually expressive image who has a reasonable expectation of privacy in the image, or after being given notice by an individual or parent or guardian of the individual who is depicted in a sexually expressive image that the individual, parent, or guardian does not consent to the distribution or publication of the sexually expressive image. 2. A person is guilty of a class B misdemeanor if, knowing of its character and content, that person acquires and knowingly distributes any sexually expressive image that was created without the consent of the subject of the image.", "volatility": "low", "from_batch": "756-north-dakota-obscenity-and-distribution", "subject": "N.D.C.C. 12.1-27.1-03.3", "topic": "Surreptitious or non-consensual sexually expressive images - crime", "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" } }, { "id": "learn_r756_north_dakota_obscenity_and_distribution_756_north_dakota_obscenity_and_distribution_sei_12p1_27p1_03p3_exc", "category": "Safety", "title": "[Unverified - being checked] N.D.C.C. 12.1-27.1-03.3: Exception for material sold through retail outlets with a sales tax permit", "summary": "[Unverified - being checked] N.D.C.C. 12.1-27.1-03.3(4) does not apply to a book, photograph, video recording, motion picture film or other visual representation sold in the normal course of business through wholesale or retail outlets that possess a valid sales tax permit.", "body": "N.D.C.C. 12.1-27.1-03.3(4) does not apply to a book, photograph, video recording, motion picture film or other visual representation sold in the normal course of business through wholesale or retail outlets that possess a valid sales tax permit.\n\nWhat North Dakota Legislative Branch (North Dakota Century Code) actually says:\n\n“4. This section does not apply to any book, photograph, video recording, motion picture film, or other visual representation sold in the normal course of business through wholesale or retail outlets that possess a valid sales tax permit or used by an attorney, attorney's agent, or any other person obtaining evidence for a criminal investigation or pending civil action, or by a medical professional or a peace officer acting within that individual's scope of employment.”\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/t12-1c27-1.pdf", "last_verified": "2026-10-19", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "North Dakota Legislative Branch (North Dakota Century Code)", "evidence_quote": "4. This section does not apply to any book, photograph, video recording, motion picture film, or other visual representation sold in the normal course of business through wholesale or retail outlets that possess a valid sales tax permit or used by an attorney, attorney's agent, or any other person obtaining evidence for a criminal investigation or pending civil action, or by a medical professional or a peace officer acting within that individual's scope of employment.", "volatility": "low", "from_batch": "756-north-dakota-obscenity-and-distribution", "subject": "N.D.C.C. 12.1-27.1-03.3", "topic": "Exception for material sold through retail outlets with a sales tax permit", "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" } }, { "id": "learn_r756_north_dakota_obscenity_and_distribution_756_north_dakota_obscenity_and_distribution_indec_12p1_20_12p1", "category": "Safety", "title": "[Unverified - being checked] N.D.C.C. 12.1-20-12.1: Indecent exposure", "summary": "[Unverified - being checked] N.D.C.C. 12.1-20-12.1 makes it a class A misdemeanor, done with intent to arouse or gratify lust, to masturbate in a public place or in the presence of a minor, to expose the penis, vulva or anus in a public place or to a minor, or to expose them by unsolicited electronic means or by any electronic means to a minor.", "body": "N.D.C.C. 12.1-20-12.1 makes it a class A misdemeanor, done with intent to arouse or gratify lust, to masturbate in a public place or in the presence of a minor, to expose the penis, vulva or anus in a public place or to a minor, or to expose them by unsolicited electronic means or by any electronic means to a minor.\n\nWhat North Dakota Legislative Branch (North Dakota Century Code) actually says:\n\n“An individual, with intent to arouse, appeal to, or gratify that individual's lust, passions, or sexual desires, is guilty of a class A misdemeanor if that individual: a. Masturbates in a public place or in the presence of a minor; b. Exposes the individual's penis, vulva, or anus in a public place or to a minor in a public or private place; c. Exposes the individual's penis, vulva, or anus by unsolicited electronic means; or d. Exposes the individual's penis, vulva, or anus by any electronic means to a minor.”\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/t12-1c20.pdf", "last_verified": "2026-10-19", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "North Dakota Legislative Branch (North Dakota Century Code)", "evidence_quote": "An individual, with intent to arouse, appeal to, or gratify that individual's lust, passions, or sexual desires, is guilty of a class A misdemeanor if that individual: a. Masturbates in a public place or in the presence of a minor; b. Exposes the individual's penis, vulva, or anus in a public place or to a minor in a public or private place; c. Exposes the individual's penis, vulva, or anus by unsolicited electronic means; or d. Exposes the individual's penis, vulva, or anus by any electronic means to a minor.", "volatility": "low", "from_batch": "756-north-dakota-obscenity-and-distribution", "subject": "N.D.C.C. 12.1-20-12.1", "topic": "Indecent exposure", "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" } }, { "id": "learn_r756_north_dakota_obscenity_and_distribution_756_north_dakota_obscenity_and_distribution_sol_misd_29_04_03", "category": "Safety", "title": "[Unverified - being checked] N.D.C.C. 29-04-03: Criminal limitation period: misdemeanors", "summary": "[Unverified - being checked] N.D.C.C. 29-04-03 requires a prosecution for a misdemeanor or infraction to be commenced within two years after its commission, except as otherwise provided by law.", "body": "N.D.C.C. 29-04-03 requires a prosecution for a misdemeanor or infraction to be commenced within two years after its commission, except as otherwise provided by law.\n\nWhat North Dakota Legislative Branch (North Dakota Century Code) actually says:\n\n“A prosecution of a misdemeanor or infraction, except as otherwise provided by law, must be commenced within two years”\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/t29c04.pdf", "last_verified": "2026-10-19", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "North Dakota Legislative Branch (North Dakota Century Code)", "evidence_quote": "A prosecution of a misdemeanor or infraction, except as otherwise provided by law, must be commenced within two years", "volatility": "low", "from_batch": "756-north-dakota-obscenity-and-distribution", "subject": "N.D.C.C. 29-04-03", "topic": "Criminal limitation period: misdemeanors", "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" } } ] }