Page:1971 North Dakota Session Laws.pdf/217

CRIMES CRIMES AND PUNISHMENTS

CHAPTER 134

SENATE BILL NO. 2137

(Lowe)

PROJECTIONIST'S LIABILITY FOR OBSCENE MOVIES

AN ACT to amend and reenact sections 12-21-07, 12-21-09, and 12-21-11 of the North Dakota Century Code, to provide that certain motion picture theater employees shall not be liable for showing or possessing obscene motion pictures if acting within the scope of their employment.

BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF THE STATE OF NORTH DAKOTA:

SECTION 1. AMENDMENT.) Section 12-21-07 of the North Dakota Century Code is hereby amended and reenacted to read as follows:

12-21-07. SALE, EXHIBITION, AND DISTRIBUTION OF LEWD AND OBSCENE MATTER TO PERSONS UNDER TWENTY-ONE PROHIBITED.) No obscene, lewd, salacious, or lascivious book, pamphlet, picture, paper, letter, magazine, newspaper, writing, print, printing, film, negative, transcription, wire or tape recording, or other matter of indecent character, shall be sola, loaned, given away, shown, exhibited, distributed, advertised or offered for sale, loan, gift or distribution, or be held in possession with intent to sell, loan, give away, show, exhibit, or distribute, to anyone under the age of twenty-one. Any person, firm, copartnership or corporation who hires, uses, or employs anyone under the age of twenty-one to sell, give away, or in any manner distribute such matter, and any person who, having the care, custody, or control of a person under the age of twenty-one years, permits such person to sell, give away, or in any manner distribute such matter, shall also be guilty of a violation of sections 12-21-07, 12-21-09, and 12-21-11, The trial court shall take into consideration and give due weight to the approval by the national association known as the "Comics Code Authority", or such association's successors, of any comic books or publications in question under sections 12-21-07, 12-21-09, and 12-21-11. The provisions of this section with respect to the exhibition of, or the possession with intent to exhibit, any obscene, lewd, salacious, or lascivious matter shall not apply to a motion picture projectionist acting within the scope of his employment as an employee of any person, firm, or corporation exhibiting motion pictures pursuant to a license issued under the provisions of chapter 53-06, provided that such operator is not a manager and has no financial interest in his place of employment, other than wages.