A person, who knowing of its character, recklessly promotes to a minor any [material] [performance] which is harmful to minors is guilty of Promoting Obscenity to Minors.

ESSENTIAL ELEMENTS OF OFFENSE

The State’s burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements: (

1) On or about [month] [day] [year], in [County], North Dakota, the Defendant, _______________;

2) Knowing of its character;

3) Recklessly

4) Promoted to a minor

5) Any [material] [performance]

6) That is harmful to minors.

DEFINITIONS "Promote" means to produce, direct, manufacture, issue, sell, lend, mail, publish, distribute, exhibit, or advertise. "Harmful to minors" means that which qualifies of any description or representation, in whatever form of sexual conduct or sexual excitement, when the description or representation: 1) Considered as a whole, appeals to the prurient sexual interest of minors; 2) 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 3) Considered as a whole, lacks serious literary, artistic, political, or scientific value for minors. "Sexual excitement" means the condition of human male or female genital when in a state of sexual stimulation or arousal. [Insert other relevant definitions. See, e.g., NDCC 12.1-02-02(1)(b) (knowingly), 12.1-02-02(1)(c)(recklessly), and 12.1-27.1-01(various obscenity definitions)]

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