North Dakota Code 12.1-27.1-03.4 – Restrictions on adult-oriented performances – Penalty
1. As used in this section:
Attorney's Note
Under the North Dakota Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class C felony | up to 5 years | up to $10,000 |
| Class A misdemeanor | up to 360 days | up to $3,000 |
Terms Used In North Dakota Code 12.1-27.1-03.4
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Female: means a girl, woman, or an individual whose biological reproductive system is developed to produce ova. See North Dakota Code 1-01-49
- Offense: means conduct for which a term of imprisonment or a fine is authorized by statute after conviction. See North Dakota Code 12.1-01-04
- person: includes , where relevant, a corporation, limited liability company, partnership, unincorporated association, or other legal entity. See North Dakota Code 12.1-01-04
- Political subdivision: as used in this title and in any statute outside this title which defines an offense means a county, city, school district, township, and any other local governmental entity created by law. See North Dakota Code 12.1-01-04
- Property: includes property, real and personal. See North Dakota Code 1-01-49
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
a. “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.
b. “Public property” means real property in which a state agency or a political subdivision has an ownership interest.
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.