It is a misdemeanor to create or possess a sexually expressive image without written consent of the individual. It is a misdemeanor to send sexually expressive images with the intent to harm the individual in the image who has a reasonable expectation of privacy; or after being told by the individual, parent or guardian does not consent to distribute the image.
12.1-27.1-03.3. Creation, possession, or dissemination of sexually expressive images prohibited – Exception.
1. A person is guilty of a class A misdemeanor if, knowing of its character and content, that person:
a. Without written consent from each individual who has a reasonable expectation of privacy in the image, surreptitiously creates or willfully possesses a sexually
expressive image that was surreptitiously created; or b. Distributes or publishes, electronically or otherwise, a sexually expressive image
with the intent to cause emotional harm or humiliation to any individual depicted in the sexually expressive image who has a reasonable expectation of privacy in
the image, or after being given notice by an individual or parent or guardian of the individual who is depicted in a sexually expressive image that the individual,
parent, or guardian does not consent to the distribution or publication of the sexually expressive image.
2. A person is guilty of a class B misdemeanor if, knowing of its character and content, that person acquires and knowingly distributes any sexually expressive image that was created without the consent of the subject of the image.
3. This section does not authorize any act prohibited by any other law. If the sexually expressive image is of a minor and possession does not violate section 12.1-27.2-04.1, a parent or guardian of the minor may give permission for a person to
possess or distribute the sexually expressive image.
4. This section does not apply to any book, photograph, video recording, motion picture film, or other visual representation sold in the normal course of business through wholesale or retail outlets that possess a valid sales tax permit or used by an attorney, attorney’s agent, or any other person obtaining evidence for a criminal investigation or pending civil action, or by a medical professional or a peace officer acting within that individual’s scope of employment.
Revenge porn: 12.1-17-07.2. (signed by Governor 4/8/2015) Distribution of intimate images without or against consent
A person commits the offense of distribution of intimate images if the person knowingly or intentionally distributes to any third party any intimate image of an individual eighteen years of age or older, if:
a. The person knows that the depicted individual has not given consent to the person to distribute the intimate image;
b. The intimate image was created by or provided to the person under circumstances in which the individual has a reasonable expectation of privacy; and
c. Actual emotional distress or harm is caused to the individual as a result of the distribution under this section.