{ "batch": "757-north-dakota-revenge-porn-and-deepfake-laws", "articles": [ { "id": "learn_r757_north_dakota_revenge_porn_and_deepfake_laws_757_north_dakota_revenge_porn_and_deepfake_laws_anchor_12p1_17", "category": "Safety", "title": "[Unverified - being checked] North Dakota Century Code: Chapter 12.1-17 index heading (anchor)", "summary": "[Unverified - being checked] The North Dakota Legislative Branch's official Century Code site (ndlegis.gov) publishes chapter 12.1-17 under the heading quoted.", "body": "The North Dakota Legislative Branch's official Century Code site (ndlegis.gov) publishes chapter 12.1-17 under the heading quoted.\n\nWhat North Dakota Legislative Branch (North Dakota Century Code) actually says:\n\n“North Dakota Century Code Chapter 12.1-17 Assaults - Threats - Coercion - Harassment”\n\nNote: Anchor record: the legislature's own statute site, ndlegis.gov (state domain).", "source_type": "official", "source_link": "https://ndlegis.gov/cencode/t12-1c17.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 12.1-17 Assaults - Threats - Coercion - Harassment", "volatility": "low", "from_batch": "757-north-dakota-revenge-porn-and-deepfake-laws", "subject": "North Dakota Century Code", "topic": "Chapter 12.1-17 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_r757_north_dakota_revenge_porn_and_deepfake_laws_757_north_dakota_revenge_porn_and_deepfake_laws_anchor_32_49", "category": "Safety", "title": "[Unverified - being checked] North Dakota Century Code: Chapter 32-49 index heading (anchor)", "summary": "[Unverified - being checked] The North Dakota Legislative Branch's official Century Code site (ndlegis.gov) publishes chapter 32-49 under the heading quoted.", "body": "The North Dakota Legislative Branch's official Century Code site (ndlegis.gov) publishes chapter 32-49 under the heading quoted.\n\nWhat North Dakota Legislative Branch (North Dakota Century Code) actually says:\n\n“North Dakota Century Code Chapter 32-49 Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act”\n\nNote: Anchor record: the legislature's own statute site, ndlegis.gov (state domain).", "source_type": "official", "source_link": "https://ndlegis.gov/cencode/t32c49.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 32-49 Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act", "volatility": "low", "from_batch": "757-north-dakota-revenge-porn-and-deepfake-laws", "subject": "North Dakota Century Code", "topic": "Chapter 32-49 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_r757_north_dakota_revenge_porn_and_deepfake_laws_757_north_dakota_revenge_porn_and_deepfake_laws_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": "757-north-dakota-revenge-porn-and-deepfake-laws", "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_r757_north_dakota_revenge_porn_and_deepfake_laws_757_north_dakota_revenge_porn_and_deepfake_laws_nci_12p1_17_07p2_", "category": "Safety", "title": "[Unverified - being checked] N.D.C.C. 12.1-17-07.2: Exemption for service providers and hosting companies", "summary": "[Unverified - being checked] N.D.C.C. 12.1-17-07.2(4) exempts internet service providers and interactive computer services, electronic communications providers, cable operators and hosting companies from the distribution offense when distribution is only incidental and they do not aid or abet or charge more than their usual fee; it imposes no takedown duty on a host.", "body": "N.D.C.C. 12.1-17-07.2(4) exempts internet service providers and interactive computer services, electronic communications providers, cable operators and hosting companies from the distribution offense when distribution is only incidental and they do not aid or abet or charge more than their usual fee; it imposes no takedown duty on a host.\n\nWhat North Dakota Legislative Branch (North Dakota Century Code) actually says:\n\n“4. This section also does not apply to: a. An internet service provider or interactive computer service, as defined in 47 U.S.C. 230(f)(2); b. A provider of an electronic communications service, as defined in 18 U.S.C. 2510; c. A telecommunications service, information service, or mobile service, as defined in 47 U.S.C. 153, including a commercial mobile service, as defined in 47 U.S.C. 332(d); d. A cable operator, as defined in 47 U.S.C. 552, if: (1) The distribution of an intimate image by the cable operator occurs only incidentally through the operator's function of: (a) Transmitting or routing data from one person to another person; or (b) Providing a connection between one person and another person; (2) The operator does not intentionally aid or abet in the distribution of the intimate image; and (3) The operator does not knowingly receive from or through a person who distributes the intimate image a fee greater than the fee generally charged by the operator, as a specific condition for permitting the person to distribute the intimate image; or e. A hosting company, if: (1) The distribution of an intimate image by the hosting company occurs only incidentally through the hosting company's function of providing data storage space or data caching to a person; (2) The hosting company does not intentionally engage, aid, or abet in the distribution of the intimate image; and (3) The hosting company does not knowingly receive from or through a person who distributes the intimate image a fee greater than the fee generally charged by the provider, as a specific condition for permitting the person to distribute, store, or cache the intimate 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/t12-1c17.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 also does not apply to: a. An internet service provider or interactive computer service, as defined in 47 U.S.C. 230(f)(2); b. A provider of an electronic communications service, as defined in 18 U.S.C. 2510; c. A telecommunications service, information service, or mobile service, as defined in 47 U.S.C. 153, including a commercial mobile service, as defined in 47 U.S.C. 332(d); d. A cable operator, as defined in 47 U.S.C. 552, if: (1) The distribution of an intimate image by the cable operator occurs only incidentally through the operator's function of: (a) Transmitting or routing data from one person to another person; or (b) Providing a connection between one person and another person; (2) The operator does not intentionally aid or abet in the distribution of the intimate image; and (3) The operator does not knowingly receive from or through a person who distributes the intimate image a fee greater than the fee generally charged by the operator, as a specific condition for permitting the person to distribute the intimate image; or e. A hosting company, if: (1) The distribution of an intimate image by the hosting company occurs only incidentally through the hosting company's function of providing data storage space or data caching to a person; (2) The hosting company does not intentionally engage, aid, or abet in the distribution of the intimate image; and (3) The hosting company does not knowingly receive from or through a person who distributes the intimate image a fee greater than the fee generally charged by the provider, as a specific condition for permitting the person to distribute, store, or cache the intimate image.", "volatility": "low", "from_batch": "757-north-dakota-revenge-porn-and-deepfake-laws", "subject": "N.D.C.C. 12.1-17-07.2", "topic": "Exemption for service providers and hosting companies", "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_r757_north_dakota_revenge_porn_and_deepfake_laws_757_north_dakota_revenge_porn_and_deepfake_laws_sei_12p1_27p1_03p", "category": "Safety", "title": "[Unverified - being checked] N.D.C.C. 12.1-27.1-03.3: Civil action and damages for sexually expressive images", "summary": "[Unverified - being checked] N.D.C.C. 12.1-27.1-03.3(6)-(8) gives an identifiable, harmed depicted individual a cause of action, with recovery of the greater of actual damages or up to ten thousand dollars in statutory damages per defendant, the defendant's monetary gain, exemplary damages, attorney fees and costs, and injunctive relief.", "body": "N.D.C.C. 12.1-27.1-03.3(6)-(8) gives an identifiable, harmed depicted individual a cause of action, with recovery of the greater of actual damages or up to ten thousand dollars in statutory damages per defendant, the defendant's monetary gain, exemplary damages, attorney fees and costs, and injunctive relief.\n\nWhat North Dakota Legislative Branch (North Dakota Century Code) actually says:\n\n“6. A depicted individual who is identifiable and who suffers harm from a person's violation of this section has a cause of action against the person if the person produced, possessed, distributed, promoted, advertised, sold, exhibited, broadcasted, or transmitted the sexually expressive image for the purpose of sexual arousal, sexual gratification, humiliation, degradation, or monetary or commercial gain. a. The court may order the filing party to redact from all pleadings and documents filed in the action other identifying characteristics of the plaintiff. b. A party to whom subdivision a applies shall file with the court and serve on all other parties a redacted and unredacted version of the filing and a confidential information form that includes the redacted plaintiff's name and other identifying characteristics. c. The court may make further orders as necessary to protect the identity and privacy of a plaintiff. 7. In an action under subsection 6, a prevailing plaintiff may recover: a. The greater of: (1) Economic and noneconomic damages proximately caused by the defendant's violation of this section, including damages for emotional distress whether or not accompanied by other damages; or (2) Statutory damages not to exceed ten thousand dollars against each defendant found liable under this section; b. An amount equal to any monetary gain made by the defendant from the distribution, promotion, advertising, sale, exhibition, broadcasting, or transmission of the sexually expressive image; and c. Exemplary damages. 8. In an action under subsection 6, the court may award a prevailing plaintiff: a. Reasonable attorney fees and costs; and b. Other remedies available by law, including injunctive relief.”\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. A depicted individual who is identifiable and who suffers harm from a person's violation of this section has a cause of action against the person if the person produced, possessed, distributed, promoted, advertised, sold, exhibited, broadcasted, or transmitted the sexually expressive image for the purpose of sexual arousal, sexual gratification, humiliation, degradation, or monetary or commercial gain. a. The court may order the filing party to redact from all pleadings and documents filed in the action other identifying characteristics of the plaintiff. b. A party to whom subdivision a applies shall file with the court and serve on all other parties a redacted and unredacted version of the filing and a confidential information form that includes the redacted plaintiff's name and other identifying characteristics. c. The court may make further orders as necessary to protect the identity and privacy of a plaintiff. 7. In an action under subsection 6, a prevailing plaintiff may recover: a. The greater of: (1) Economic and noneconomic damages proximately caused by the defendant's violation of this section, including damages for emotional distress whether or not accompanied by other damages; or (2) Statutory damages not to exceed ten thousand dollars against each defendant found liable under this section; b. An amount equal to any monetary gain made by the defendant from the distribution, promotion, advertising, sale, exhibition, broadcasting, or transmission of the sexually expressive image; and c. Exemplary damages. 8. In an action under subsection 6, the court may award a prevailing plaintiff: a. Reasonable attorney fees and costs; and b. Other remedies available by law, including injunctive relief.", "volatility": "low", "from_batch": "757-north-dakota-revenge-porn-and-deepfake-laws", "subject": "N.D.C.C. 12.1-27.1-03.3", "topic": "Civil action and damages for sexually expressive images", "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_r757_north_dakota_revenge_porn_and_deepfake_laws_757_north_dakota_revenge_porn_and_deepfake_laws_sei_12p1_27p1_01_", "category": "Safety", "title": "[Unverified - being checked] N.D.C.C. 12.1-27.1-01: Definition of sexually expressive image (real, altered or computer-generated)", "summary": "[Unverified - being checked] N.D.C.C. 12.1-27.1-01(13) defines 'sexually expressive image' as a real, altered, or computer-generated photograph or visual representation that exhibits a nude or partially denuded human figure or sexual conduct, so altered and AI-made depictions are reached by 12.1-27.1-03.3.", "body": "N.D.C.C. 12.1-27.1-01(13) defines 'sexually expressive image' as a real, altered, or computer-generated photograph or visual representation that exhibits a nude or partially denuded human figure or sexual conduct, so altered and AI-made depictions are reached by 12.1-27.1-03.3.\n\nWhat North Dakota Legislative Branch (North Dakota Century Code) actually says:\n\n“13. As used in this chapter, \"sexually expressive image\" means a real, altered, or computer-generated photograph or visual representation that exhibits a nude or partially denuded human figure, as defined in section 12.1-27.1-03.1, or 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": "13. As used in this chapter, \"sexually expressive image\" means a real, altered, or computer-generated photograph or visual representation that exhibits a nude or partially denuded human figure, as defined in section 12.1-27.1-03.1, or sexual conduct.", "volatility": "low", "from_batch": "757-north-dakota-revenge-porn-and-deepfake-laws", "subject": "N.D.C.C. 12.1-27.1-01", "topic": "Definition of sexually expressive image (real, altered or computer-generated)", "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_r757_north_dakota_revenge_porn_and_deepfake_laws_757_north_dakota_revenge_porn_and_deepfake_laws_ext_12p1_20_12p3", "category": "Safety", "title": "[Unverified - being checked] N.D.C.C. 12.1-20-12.3: Sexual extortion", "summary": "[Unverified - being checked] N.D.C.C. 12.1-20-12.3 makes sexual extortion an offense when a person threatens, or threatens to distribute an intimate image, to coerce sexual contact, sexually explicit conduct, an image, or money; it is a class A misdemeanor, or a class B felony if the victim is a minor or vulnerable adult and the actor causes the result.", "body": "N.D.C.C. 12.1-20-12.3 makes sexual extortion an offense when a person threatens, or threatens to distribute an intimate image, to coerce sexual contact, sexually explicit conduct, an image, or money; it is a class A misdemeanor, or a class B felony if the victim is a minor or vulnerable adult and the actor causes the result.\n\nWhat North Dakota Legislative Branch (North Dakota Century Code) actually says:\n\n“An individual commits the offense of sexual extortion if the individual: a. With an intent to coerce a victim to engage in sexual contact, in sexually explicit conduct, or in simulated sexually explicit conduct, or to produce, provide, or distribute an image, video, or other recording of any individual engaged in sexually explicit conduct or any intimate image of an individual, or a demand for money, communicates in person or by electronic means: (1) A threat to the victim's or another's person, property, or reputation; or (2) A threat to distribute or an enticement to delete an intimate image or video of the victim or another. b. Knowingly causes a victim to engage in sexual contact, in sexually explicit conduct, or in simulated sexually explicit conduct, or to produce, provide, or distribute any image, video, or other recording of any individual engaged in sexually explicit conduct or any intimate image of an individual, or a demand for money, by means of: (1) A threat to the victim's or another's person, property, or reputation; or (2) A threat to distribute or an enticement to delete an intimate image or video of the victim or another. 2. The offense is: a. A class B felony if the actor's conduct violates subdivision b of subsection 1 and the victim is a minor or vulnerable adult, otherwise a class A misdemeanor.”\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 commits the offense of sexual extortion if the individual: a. With an intent to coerce a victim to engage in sexual contact, in sexually explicit conduct, or in simulated sexually explicit conduct, or to produce, provide, or distribute an image, video, or other recording of any individual engaged in sexually explicit conduct or any intimate image of an individual, or a demand for money, communicates in person or by electronic means: (1) A threat to the victim's or another's person, property, or reputation; or (2) A threat to distribute or an enticement to delete an intimate image or video of the victim or another. b. Knowingly causes a victim to engage in sexual contact, in sexually explicit conduct, or in simulated sexually explicit conduct, or to produce, provide, or distribute any image, video, or other recording of any individual engaged in sexually explicit conduct or any intimate image of an individual, or a demand for money, by means of: (1) A threat to the victim's or another's person, property, or reputation; or (2) A threat to distribute or an enticement to delete an intimate image or video of the victim or another. 2. The offense is: a. A class B felony if the actor's conduct violates subdivision b of subsection 1 and the victim is a minor or vulnerable adult, otherwise a class A misdemeanor.", "volatility": "low", "from_batch": "757-north-dakota-revenge-porn-and-deepfake-laws", "subject": "N.D.C.C. 12.1-20-12.3", "topic": "Sexual extortion", "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_r757_north_dakota_revenge_porn_and_deepfake_laws_757_north_dakota_revenge_porn_and_deepfake_laws_civ_32_49_02", "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": "757-north-dakota-revenge-porn-and-deepfake-laws", "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" } }, { "id": "learn_r757_north_dakota_revenge_porn_and_deepfake_laws_757_north_dakota_revenge_porn_and_deepfake_laws_civ_32_49_05", "category": "Safety", "title": "[Unverified - being checked] N.D.C.C. 32-49-05: Remedies: damages, fees, injunction", "summary": "[Unverified - being checked] N.D.C.C. 32-49-05 lets a prevailing plaintiff recover the greater of actual economic and noneconomic damages or statutory damages not to exceed ten thousand dollars per defendant, plus the defendant's monetary gain and exemplary damages, and lets the court award reasonable attorney's fees, costs and injunctive relief.", "body": "N.D.C.C. 32-49-05 lets a prevailing plaintiff recover the greater of actual economic and noneconomic damages or statutory damages not to exceed ten thousand dollars per defendant, plus the defendant's monetary gain and exemplary damages, and lets the court award reasonable attorney's fees, costs and injunctive relief.\n\nWhat North Dakota Legislative Branch (North Dakota Century Code) actually says:\n\n“1. In an action under this chapter, a prevailing plaintiff may recover: a. The greater of: (1) Economic and noneconomic damages proximately caused by the defendant's disclosure or threatened disclosure, including damages for emotional distress whether or not accompanied by other damages; or (2) Statutory damages not to exceed ten thousand dollars against each defendant found liable under this chapter for all disclosures and threatened disclosures by the defendant of which the plaintiff knew or reasonably should have known when filing the action or which became known during the pendency of the action. In determining the amount of statutory damages under this paragraph, consideration must be given to the age of the parties at the time of the disclosure or threatened disclosure, the number of disclosures or threatened disclosures made by the defendant, the breadth of distribution of the image by the defendant, and other exacerbating or mitigating factors; b. An amount equal to any monetary gain made by the defendant from disclosure of the intimate image; and c. Exemplary damages. 2. In an action under this chapter, the court may award a prevailing plaintiff: a. Reasonable attorney's fees and costs; and b. Other remedies available by law, including injunctive relief.”\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": "1. In an action under this chapter, a prevailing plaintiff may recover: a. The greater of: (1) Economic and noneconomic damages proximately caused by the defendant's disclosure or threatened disclosure, including damages for emotional distress whether or not accompanied by other damages; or (2) Statutory damages not to exceed ten thousand dollars against each defendant found liable under this chapter for all disclosures and threatened disclosures by the defendant of which the plaintiff knew or reasonably should have known when filing the action or which became known during the pendency of the action. In determining the amount of statutory damages under this paragraph, consideration must be given to the age of the parties at the time of the disclosure or threatened disclosure, the number of disclosures or threatened disclosures made by the defendant, the breadth of distribution of the image by the defendant, and other exacerbating or mitigating factors; b. An amount equal to any monetary gain made by the defendant from disclosure of the intimate image; and c. Exemplary damages. 2. In an action under this chapter, the court may award a prevailing plaintiff: a. Reasonable attorney's fees and costs; and b. Other remedies available by law, including injunctive relief.", "volatility": "low", "from_batch": "757-north-dakota-revenge-porn-and-deepfake-laws", "subject": "N.D.C.C. 32-49-05", "topic": "Remedies: damages, fees, injunction", "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_r757_north_dakota_revenge_porn_and_deepfake_laws_757_north_dakota_revenge_porn_and_deepfake_laws_civ_32_49_06", "category": "Safety", "title": "[Unverified - being checked] N.D.C.C. 32-49-06: Limitation period for the civil action", "summary": "[Unverified - being checked] N.D.C.C. 32-49-06 bars an action for unauthorized disclosure later than six years from the date the disclosure was discovered or should have been discovered, and an action for a threat to disclose later than six years from the threat; for a depicted individual who was a minor, the period does not begin until age eighteen.", "body": "N.D.C.C. 32-49-06 bars an action for unauthorized disclosure later than six years from the date the disclosure was discovered or should have been discovered, and an action for a threat to disclose later than six years from the threat; for a depicted individual who was a minor, the period does not begin until age eighteen.\n\nWhat North Dakota Legislative Branch (North Dakota Century Code) actually says:\n\n“1. An action under subsection 2 of section 32-49-02 for: a. An unauthorized disclosure may not be brought later than six years from the date the disclosure was discovered or should have been discovered with the exercise of reasonable diligence; and b. A threat to disclose may not be brought later than six years from the date of the threat to disclose. 2. Except as otherwise provided in subsection 3, this section is subject to the provisions tolling limitations in chapter 28-01. 3. In an action under subsection 2 of section 32-49-02 by a depicted individual who was a minor on the date of the disclosure or threat to disclose, the time specified in subsection 1 does not begin to run until the depicted individual attains eighteen years of age.”\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": "1. An action under subsection 2 of section 32-49-02 for: a. An unauthorized disclosure may not be brought later than six years from the date the disclosure was discovered or should have been discovered with the exercise of reasonable diligence; and b. A threat to disclose may not be brought later than six years from the date of the threat to disclose. 2. Except as otherwise provided in subsection 3, this section is subject to the provisions tolling limitations in chapter 28-01. 3. In an action under subsection 2 of section 32-49-02 by a depicted individual who was a minor on the date of the disclosure or threat to disclose, the time specified in subsection 1 does not begin to run until the depicted individual attains eighteen years of age.", "volatility": "low", "from_batch": "757-north-dakota-revenge-porn-and-deepfake-laws", "subject": "N.D.C.C. 32-49-06", "topic": "Limitation period for the civil action", "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_r757_north_dakota_revenge_porn_and_deepfake_laws_757_north_dakota_revenge_porn_and_deepfake_laws_civ_32_49_03", "category": "Safety", "title": "[Unverified - being checked] N.D.C.C. 32-49-03: Exceptions to civil liability", "summary": "[Unverified - being checked] N.D.C.C. 32-49-03(2) excuses a defendant who proves the disclosure was made in good faith by law enforcement, in a legal proceeding or for medical education or treatment, in reporting unlawful conduct, related to a matter of public concern, or reasonably intended to assist the depicted individual.", "body": "N.D.C.C. 32-49-03(2) excuses a defendant who proves the disclosure was made in good faith by law enforcement, in a legal proceeding or for medical education or treatment, in reporting unlawful conduct, related to a matter of public concern, or reasonably intended to assist the depicted individual.\n\nWhat North Dakota Legislative Branch (North Dakota Century Code) actually says:\n\n“2. A person is not liable under this chapter if the person proves that disclosure of, or a threat to disclose, an intimate image was: a. Made in good faith: (1) By law enforcement; (2) In a legal proceeding; or (3) For medical education or treatment; b. Made in good faith in the reporting or investigation of: (1) Unlawful conduct; or (2) Unsolicited and unwelcome conduct; c. Related to a matter of public concern or public interest; or d. Reasonably intended to assist the depicted individual.”\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. A person is not liable under this chapter if the person proves that disclosure of, or a threat to disclose, an intimate image was: a. Made in good faith: (1) By law enforcement; (2) In a legal proceeding; or (3) For medical education or treatment; b. Made in good faith in the reporting or investigation of: (1) Unlawful conduct; or (2) Unsolicited and unwelcome conduct; c. Related to a matter of public concern or public interest; or d. Reasonably intended to assist the depicted individual.", "volatility": "low", "from_batch": "757-north-dakota-revenge-porn-and-deepfake-laws", "subject": "N.D.C.C. 32-49-03", "topic": "Exceptions to civil 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_r757_north_dakota_revenge_porn_and_deepfake_laws_757_north_dakota_revenge_porn_and_deepfake_laws_civ_32_49_07", "category": "Safety", "title": "[Unverified - being checked] N.D.C.C. 32-49-07: Construction with the Communications Decency Act", "summary": "[Unverified - being checked] N.D.C.C. 32-49-07 requires chapter 32-49 to be construed consistently with the Communications Decency Act of 1996 (47 U.S.C. 230), so a website host is not made liable by the chapter for content posted by others.", "body": "N.D.C.C. 32-49-07 requires chapter 32-49 to be construed consistently with the Communications Decency Act of 1996 (47 U.S.C. 230), so a website host is not made liable by the chapter for content posted by others.\n\nWhat North Dakota Legislative Branch (North Dakota Century Code) actually says:\n\n“This chapter must be construed to be consistent with the Communications Decency Act”\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": "This chapter must be construed to be consistent with the Communications Decency Act", "volatility": "low", "from_batch": "757-north-dakota-revenge-porn-and-deepfake-laws", "subject": "N.D.C.C. 32-49-07", "topic": "Construction with the Communications Decency Act", "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_r757_north_dakota_revenge_porn_and_deepfake_laws_757_north_dakota_revenge_porn_and_deepfake_laws_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": "757-north-dakota-revenge-porn-and-deepfake-laws", "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" } }, { "id": "learn_r757_north_dakota_revenge_porn_and_deepfake_laws_757_north_dakota_revenge_porn_and_deepfake_laws_sol_fel_29_04_02", "category": "Safety", "title": "[Unverified - being checked] N.D.C.C. 29-04-02: Criminal limitation period: felonies", "summary": "[Unverified - being checked] N.D.C.C. 29-04-02 requires a prosecution for a felony other than murder to be commenced within three years after its commission, except as otherwise provided by law.", "body": "N.D.C.C. 29-04-02 requires a prosecution for a felony other than murder to be commenced within three years after its commission, except as otherwise provided by law.\n\nWhat North Dakota Legislative Branch (North Dakota Century Code) actually says:\n\n“Except as otherwise provided by law, a prosecution for any felony other than murder must be commenced within three 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": "Except as otherwise provided by law, a prosecution for any felony other than murder must be commenced within three years", "volatility": "low", "from_batch": "757-north-dakota-revenge-porn-and-deepfake-laws", "subject": "N.D.C.C. 29-04-02", "topic": "Criminal limitation period: felonies", "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" } } ] }