N.D. Cent. Code § 12.1-20-12.1

Current through the 2023 Legislative Sessions
Section 12.1-20-12.1 - Indecent exposure
1. An individual, with intent to arouse, appeal to, or gratify that individual's lust, passions, or sexual desires, is guilty of a class A misdemeanor if that individual:
a. Masturbates in a public place or in the presence of a minor;
b. Exposes the individual's penis, vulva, or anus in a public place or to a minor in a public or private place;
c. Exposes the individual's penis, vulva, or anus by unsolicited electronic means; or
d. Exposes the individual's penis, vulva, or anus by any electronic means to a minor.
2. An individual is guilty of a class C felony if the individual violates subsection 1 after a previous conviction for violating subsection 1, after a previous conviction for violating section 12.1-20-12.2, or after being required to register under section 12.1-32-15.
3. An individual who commits a violation of subdivision a or b of subsection 1 within fifty feet [15.24 meters] of or on the real property comprising a public or nonpublic elementary, middle, or high school is guilty of a class C felony. An individual who commits a violation of subsection 2 within fifty feet [15.24 meters] of or on the real property comprising a public or nonpublic elementary, middle, or high school is guilty of a class B felony.
4. As used in this section, "electronic means" includes images and pictures transmitted via electronic mail, electronic messaging, or from an electronic communications device.

N.D.C.C. § 12.1-20-12.1

Amended by S.L. 2021, ch. 203 (HB 1105),§ 1, eff. 8/1/2021.
Amended by S.L. 2017, ch. 101 (HB 1183),§ 1, eff. 8/1/2017.