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BDSM and The Law

 
North Dakota

This is NOT legal advice.

If you live in North Dakota  ask your Legislator to change these laws

Age of Consent in North Dakota  is 18  

12.1-29-01. Promoting prostitution.

1. A person is guilty of an offense if he:

a. Operates a prostitution business or a house of prostitution;

b. Induces or otherwise intentionally causes another to become engaged in sexual activity as a business; or

c. Knowingly procures a prostitute for a prostitution business or a house of prostitution.

2. The offense is a class C felony if it is under subdivision b or c of subsection 1 or if it is under subdivision a and the actor owns, controls, manages, or otherwise supervises the prostitution business or house of prostitution. Otherwise the offense is a class A misdemeanor.

12.1-29-02. Facilitating prostitution.

1. A person is guilty of an offense if he:

a. Knowingly solicits a person to patronize a prostitute;

b. Knowingly procures a prostitute for a patron;

c. Knowingly leases or otherwise permits a place controlled by the actor, alone or in association with others, to be regularly used for prostitution, promoting prostitution, or facilitating prostitution, or fails to make reasonable effort to abate such use by ejecting the tenant, notifying law enforcement authorities, or taking other legally available means; or

d. Knowingly induces or otherwise intentionally causes another to remain a prostitute. A person who is supported in whole or substantial part by the proceeds of prostitution, other than the prostitute or the prostitute's minor child or a person whom the prostitute is required by law to support, is presumed to be knowingly inducing or intentionally causing another to remain a prostitute.

2.1-29-03. Prostitution. An individual is guilty of prostitution, a class B misdemeanor, if the individual:

1. Is an inmate of a house of prostitution or is otherwise engaged in sexual activity as a business;

2. Solicits another person with the intention of being hired to engage in sexual activity;

or

3. Agrees to engage in sexual activity with another for money or other items of pecuniary value.

12.1-29-05. Definitions. In this chapter:

1. A "house of prostitution" is any place where prostitution is regularly carried on by a person under the control, management, or supervision of another.

2. An "inmate" is a prostitute who acts as such in or through the agency of a house of prostitution.

3. A "prostitute" is a person who engages in sexual activity for hire.

4. A "prostitution business" is any business which derives funds from prostitution regularly carried on by a person under the control, management, or supervision of another.

5. "Sexual activity" means sexual act or sexual contact as those terms are defined in

section 12.1-20-02.

12.1-29-06. Hiring an individual to engage in sexual activity. An individual who hires or offers or agrees to hire another individual with the intention of engaging in sexual activity is guilty of a class B misdemeanor.

12.1-27.1-01. Obscenity - Definitions - Dissemination - Classification of offenses.

1. A person is guilty of a class C felony if, knowing of its character, the person disseminates obscene material or if the person produces, transports, or sends obscene material with intent that it be disseminated.

2. A person is guilty of a class C felony if the person presents or directs an obscene performance for pecuniary gain or participates in any portion of a performance which contributes to the obscenity of the performance as a whole.

3. A person is guilty of a class C felony if the person, as owner or manager of an establishment licensed under section 5-02-01, permits an obscene performance in the establishment. A person is guilty of a class C felony if that person participates, whether or not for compensation, in an obscene performance in an establishmentlicensed under section 5-02-01.

4. a. In addition to the penalty provided in subsection 1, 2, or 3, any person who violates subsection 1, 2, or 3 in the course of a commercial or for-profit activity or transaction in which the offender had or shared ownership, control, managerial responsibility, or a financial interest other than wages is subject to

the following penalty:

(1) For an individual, a fine not to exceed ten thousand dollars; or

(2) For a corporation, limited liability company, association, partnership, or other legal entity, a fine not to exceed twenty-five thousand dollars.

b. In addition to the penalty provided in subsection 1, 2, or 3, the court shall impose the following penalty upon the conviction of a person or entity described

in subdivision a for a second or subsequent offense under subsection 1, 2, or 3:

(1) For an individual, a fine not to exceed fifty thousand dollars; or

(2) For a corporation, limited liability company, association, partnership, or

other legal entity, a fine not to exceed one hundred thousand dollars.

5. As used in this chapter, the terms "obscene material" and "obscene performance"

mean material or a performance which:

a. Taken as a whole, the average person, applying contemporary North Dakota

standards, would find predominantly appeals to a prurient interest;

b. Depicts or describes in a patently offensive manner sexual conduct, whether normal or perverted; and

c. Taken as a whole, the reasonable person would find lacking in serious literary, artistic, political, or scientific value.

Whether material or a performance is obscene must be judged with reference to ordinary adults, unless it appears from the character of the material or the circumstances of its dissemination that the material or performance is designed for minors or other specially susceptible audience, in which case the material or performance must be judged with reference to that type of audience.

 

6. As used in this chapter, "disseminate" means to sell, lease, rent, advertise,

broadcast, transmit, exhibit, or distribute for pecuniary gain. "Disseminate" includes

any transmission of visual material shown on a cable television system, whether or

not accompanied by a soundtrack, and any sound recording played on a cable

television system.

7. As used in this chapter, the term "material" means any physical object, including, but

not limited to, any type of book, sound recording, film, or picture used as a means of

presenting or communicating information, knowledge, sensation, image, or emotion

to or through a human being's receptive senses.

8. As used in this chapter, the term "patently offensive" means so offensive on its face

as to affront the contemporary North Dakota standards of decency.

9. As used in this chapter, the term "performance" means any play, dance, or other

exhibition presented before an audience.

10. As used in this chapter, the term "prurient interest" means a voyeuristic, lascivious,

degrading, shameful, or morbid interest in nudity, sex, or excretion that goes

substantially beyond customary limits of candor in description or representation of

those matters.

11. As used in this chapter, the term "sexual conduct" means actual or simulated:

a. Sexual intercourse;

b. Sodomy;

c. Sexual bestiality;

d. Masturbation;

e. Sadomasochistic abuse;

f. Excretion; or

g. Lewd exhibition of the male or female genitals.

As used in this subsection, the term "sodomy" means contact between the penis and the anus, the mouth and the penis, the mouth and the vulva, or the mouth and the anus. As used in this subsection, the term "sadomasochistic abuse" means a depiction or description of flagellation or torture by or upon a person who is nude or clad in undergarments or in a bizarre or revealing costume; or the condition of being fettered, bound, or otherwise physically restrained on the part of one so clothed.

12. As used in this chapter, the term "book" means any book, magazine, pamphlet, newspaper, or other article made out of paper and containing printed, typewritten, or handwritten words.
 

 

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