Current through the 2023 Legislative Sessions
Section 12.1-20-12.1 - Indecent exposure1. 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; ord. 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.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.