North Dakota Code 12.1-27.2-01 – Definitions
As used in this chapter:
Terms Used In North Dakota Code 12.1-27.2-01
- Individual: means a human being. See North Dakota Code 1-01-49
- person: includes , where relevant, a corporation, limited liability company, partnership, unincorporated association, or other legal entity. See North Dakota Code 12.1-01-04
1. “Obscene sexual performance” means any performance which includes sexual conduct by a minor in any obscene material or obscene performance, as defined in section 12.1-27.1-01.
2. “Performance” means any play, motion picture, photograph, dance, or other visual representation, or any part of a performance.
3. “Promote” means to procure, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, ship, transport, publish, distribute, circulate, disseminate, present, exhibit, or advertise.
4. “Sexual conduct” means actual or simulated:
a. Sexual intercourse; b. Sodomy, as defined under section 12.1-27.1-01; c. Sexual bestiality; d. Masturbation; e. Sadomasochistic abuse, as defined under section 12.1-27.1-01; f. Lewd exhibition of the buttocks, breasts, or genitals; g. Nude or partially denuded human figure, as defined in section 12.1-27.1-03.1, if depicted for the purpose of the sexual stimulation or the sexual gratification of any individual who may view such depiction; or
h. Physical contact with a person‘s clothed or unclothed genitals, pubic area, buttocks, or breasts. It is not necessary that the minor know that he or she is participating in the described conduct, or any aspect of it.
5. “Sexual performance” means any performance which includes sexual conduct by a minor.
6. “Simulated” means the explicit depiction of any of the conduct set forth in subsection 4 which creates the appearance of actual sexual conduct and which exhibits any nude or partially denuded human figure, as defined in section 12.1-27.1-03.1.