As used in this section and in section 12.1-27.1-03:

Terms Used In North Dakota Code 12.1-27.1-02

  • Female: means a girl, woman, or an individual whose biological reproductive system is developed to produce ova. See North Dakota Code 1-01-49
  • Male: means a boy, man, or an individual whose biological reproductive system is developed to produce sperm. See North Dakota Code 1-01-49
  • 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

1.    “Promote” means to produce, direct, manufacture, issue, sell, lend, mail, publish, distribute, exhibit, or advertise.

2.    “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:

a.    Considered as a whole, appeals to the prurient sexual interest of minors; b.    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

c.    Considered as a whole, lacks serious literary, artistic, political, or scientific value for minors.

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