Summary — HB 1351 (North Dakota): Sexually Expressive Images — Definition, Criminal Prohibition, Civil Remedy
Status & timeline
- Introduced: Nov 15, 2024.
- Advanced through committee; amended and first-engrossed with Senate amendments.
- Filed with Secretary of State: 04/22 (per legislative records).
- (Documents show House and Senate votes in favor during enactment process; consult official legislative site for final chapter/effective date.)
Purpose / intent
- To broaden and clarify the law governing “sexually expressive images” by (1) clarifying the statutory definition and (2) creating criminal prohibitions and a private civil cause of action to address non‑consensual creation, possession, and distribution of such images.
Key provisions
- Revised definition (12.1‑27.1‑01(13)):
- “Sexually expressive image” now expressly includes real, altered, or computer‑generated photographs or visual representations that depict a nude or partially denuded human figure or sexual conduct.
- Criminal prohibitions (12.1‑27.1‑03.3):
- Class A misdemeanor if a person, knowing the content:
- Surreptitiously creates or willfully possesses a sexually expressive image that was surreptitiously created without written consent of every person who has a reasonable expectation of privacy in the image; OR
- Distributes/publishes such an image with intent to cause emotional harm/humiliation, or after being notified that the subject (or parent/guardian) does not consent.
- Class B misdemeanor for knowingly acquiring and distributing an image that was created without the subject’s consent.
- Civil remedies:
- An identifiable person harmed by violation may sue for:
- The greater of actual economic/noneconomic damages or statutory damages up to $10,000 per defendant;
- Any monetary gain made by the defendant from the image;
- Exemplary damages; and
- Reasonable attorney’s fees, costs, and injunctive relief.
- Court procedures permit redaction/confidential filing and other protective orders to safeguard plaintiffs’ identities.
Exceptions and limits
- Does not authorize acts otherwise prohibited by other laws (e.g., child‑pornography statutes).
- Parents/guardians may consent for minors where possession does not violate separate child‑pornography laws.
- Exempts material sold in the normal course of business and materials used legitimately by attorneys, medical professionals, peace officers, or in criminal/civil evidence gathering.
- Explicitly preserves communications‑platform immunity (no new liability for interactive computer service providers under 47 U.S.C. §230).
Who is affected
- Potential defendants: persons who create, possess, distribute, or publish sexually expressive images without consent.
- Potential plaintiffs: individuals depicted in such images (identifiable persons who suffer harm).
- Law enforcement, courts, and service providers may see changes in reporting, investigation, and litigation practices.
Potential impact
- Criminalizes surreptitious creation/possession and harmful distribution of intimate images even when altered or computer‑generated.
- Provides a civil enforcement pathway with statutory damages and disgorgement to deter non‑consensual image misuse and compensate victims.
- Contains carve‑outs for legitimate uses and for online service providers.
For authoritative text and current status (enacted/chapter number, effective date, sentencing ranges), consult the official North Dakota Century Code and legislative records.
