View full title
AN ACT to amend and reenact subsection 13 of section 12.1-27.1-01 and section 12.1-27.1-03.3 of the North Dakota Century Code, relating to sexually expressive images; and to provide a penalty.
In one paragraph
North Dakota HB 1351 (2025) updates the law on sexually expressive images so it covers deepfakes. The definition in N.D.C.C. 12.1-27.1-01 now includes a "real, altered, or computer-generated" photograph or visual representation showing nudity or sexual conduct. Creating such an image surreptitiously, or distributing it to harm or humiliate or after notice that the subject does not consent, is a class A misdemeanor, and knowingly distributing an acquired image created without consent is a class B misdemeanor. A depicted person may sue for damages and attorney fees.
Plain-English summary, written with AI assistance. The official text controls.
What it means for business
Online services are exempt for user-posted content, but individuals and businesses that create or distribute computer-generated intimate images without consent face criminal and civil liability.
Key provisions
- N.D.C.C. 12.1-27.1-01(13): a sexually expressive image includes a real, altered, or computer-generated photograph or visual representation showing nudity or sexual conduct
- N.D.C.C. 12.1-27.1-03.3(1): surreptitious creation, or distribution with intent to harm or humiliate or after notice of non-consent, is a class A misdemeanor
- Knowingly distributing an acquired image created without the subject's consent is a class B misdemeanor
- Civil action for an identifiable depicted person: actual or statutory damages (up to $10,000 per defendant), the defendant's gain, exemplary damages and attorney fees
- Exemptions for interactive computer services for content provided by others, and for attorneys, medical professionals and peace officers acting in their duties
Latest legislative action
Apr 22, 2025. Signed by Governor 04/21; filed with Secretary of State 04/22
Topics and industries
Related topics
Affected industries
This page is general information, not legal advice. Summaries are AI-assisted and may contain errors; read the statute for the controlling text and talk to a lawyer about your situation. Full disclaimer · Report an error