• 2011 - Unlawful Creation of Sexually Expressive Image
  • K-20.27
    • Sexual Offenses

  • A person who, knowing of its character and content, and without written consent of an individual depicted in an image, [secretly created or willfully possessed a secretly created sexually expressive image] [distributed or published, electronically or otherwise, a sexually expressive image with intent to cause emotional harm or humiliation to an individual depicted in the sexually expressive image] [distributed or published, electronically or otherwise, a sexually expressive image, after having been 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] is guilty of unlawful creation or possession of a sexually expressive image.

     

    ESSENTIAL ELEMENTS OF OFFENSE CHARGED
     

    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,
     

    2) The Defendant, _______________;
     

    3) Knowing of its character and content;
     

    4) [Secretly created or willfully possessed a secretly created sexually expressive image] [Distributed or published, electronically or otherwise, a sexually expressive image with intent to cause emotional harm or humiliation to an individual depicted in the sexually expressive image] [Distributed or published, electronically or otherwise, a sexually expressive image, after having been 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].

     

    DEFINITIONS
     

    Sexually expressive image means a photograph or visual representation that exhibits a nude or partially denuded human figure, or sexual conduct.
     

    Nude or partially denuded human figure means less than completely and opaquely covered human genitals, pubic regions, female breasts or a female breast, if the breast or breasts are exposed below a point immediately above the top of the areola, or human buttocks; and includes human male genitals in a discernibly turgid state even if completely and opaquely covered.

  • Notes: Section 12.1-27.1-03.3 of the North Dakota Century Code does not authorize any act prohibited by any other law. Under subsection (4), materials sold in the normal course of business or used for law enforcement, medical, or other purposes are exempt from the provisions of the statute.