"Deviate sexual act" means any form of sexual contact with an animal, bird, or dead person.

"Disseminate" means to sell, lease, rent, advertise, broadcast, transmit, exhibit, or distribute for pecuniary gain. "Disseminate" includes any transmission of visual material shown on a cable television system, whether or not accompanied by a soundtrack, and any sound recording played on a cable television system.

“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 considered as a whole, appeals to the prurient sexual interest of minors; 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 considered as a whole, lacks serious literary, artistic, political, or scientific value for minors.

"Material" means any physical object, including, but not limited to, any type of book, sound recording, film, or picture used as a means of presenting or communicating information, knowledge, sensation, image, or emotion to or through a human being's receptive senses.

“Nude or partially denuded human figures” 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.

"Object" means anything used in commission of a sexual act other than the person of the actor.

"Obscene material" and "obscene performance" mean material or a performance which [taken as a whole, the average person, applying contemporary North Dakota standards, would find predominantly appeals to a prurient interest]; [depicts or describes in a patently offensive manner sexual conduct, whether normal or perverted]; [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.

“Obscene sexual performance” means any performance which includes sexual conduct by a minor in any obscene material or obscene performance.

"Patently offensive" means so offensive on its face as to affront the contemporary North Dakota standards of decency.

“Performance” means any play, dance, or other exhibition presented before an audience.

"Promote" means to procure, produce, direct, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise.

"Prurient interest" means a voyeuristic, lascivious, degrading, shameful, or morbid interest in nudity, sex, or excretion that goes substantially beyond customary limits of candor in description or representation of those matters.

"Sadomasochistic abuse" means a depiction or description of flagellation or torture by or upon a person who is nude or clad in undergarments or in a bizarre or revealing costume; or the condition of being fettered, bound, or otherwise physically restrained on the part of one so clothed.

"Sexual act" means sexual contact between human beings consisting of contact between [the penis and the vulva] [the penis and the anus] [the mouth and the penis]  [the mouth and the vulva] [the use of an object which comes in contact with the victim's anus, vulva, or penis] [,or] [any other portion of the human body and the penis, anus or vulva].  Sexual contact between [the penis and the vulva] [the penis and the anus] [an object and the anus, vulva, or penis of the victim] [,or] [any other portion of the human body and the penis, anus, or vulva] occurs upon penetration, however slight.  Emission is not required.

"Sexual conduct" means actual or simulated sexual intercourse, sodomy, sexual bestiality, masturbation, sadomasochistic abuse, excretion, or lewd exhibition of the buttocks, breasts, or genitals.

"Sexual contact" means any touching whether or not through the clothing or other covering of the sexual or other intimate parts of the person for the purpose of arousing or satisfying sexual or aggressive desires.

"Sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal.

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

“Sexual performance” means any performance which includes sexual conduct by a minor.

“Simulated” means the explicit depiction of any of the conduct which creates the appearance of actual sexual conduct and which exhibits any nude or partially denuded human figure.

"Sodomy" means contact between the penis and the anus, the mouth and the penis, the mouth and the vulva, or the mouth and the anus.

"Where minors are or may be invited as a part of the general public" includes any public roadway or public walkway excluding a bona fide school, college, university, museum, public library, or art gallery.

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NDCC 12.1-20-02
NDCC 12.1-27.1-01, 02, 03.1