Page:1973 North Dakota Session Laws.pdf/251

CRIMES of his sex, race, color, religion, or national origin and because he is or has been exercising or attempting to exercise his right to full and equal enjoyment of any facility open to the public.

2. Injures, intimidates, or interferes with another because of his sex, race, color, religion, or national origin in order to intimidate him or any other person from exercising or attempting to exercise his right to full and equal enjoyment of any facility open to the public.

12.1-14-05. PREVENTING EXERCISE OF CIVIL RIGHTS - HINDERING OR PREVENTING ANOTHER AIDING THIRD PERSON TO EXERCISE CIVIL RIGHTS.) A person is guilty of a class B misdemeanor if, whether or not acting under color of law, he, by force or threat of force or by economic coercion, intentionally:

1. Injures, intimidates, or interferes with another because he is or is about exercise his civil rights, or because he has exercised his civil rights.

2. Intimidates or prevents another from aiding a third person to exercise his civil rights.

SECTION 15.) Chapter 12.1-15 of the North Dakota Century Code is hereby created and enacted to read as follows:

12.1-15-01. CRIMINAL DEFAMATION.) 1. A person is guilty of a class A misdemeanor if he willfully publishes defamatory matter or knowingly procures such publication, or in any way knowingly aids or assists in the same being done.

2. It is a defense to a prosecution under this section that:

a. The matter alleged to be defamatory is true; or

b. The matter alleged to be defamatory was contained in a privileged communication.

3. In this section:

a. "Defamatory matter" means any written or oral communication concerning a natural person made public with actual malice or with reckless disregard of the truth by any utterance, printing, writing, sign, picture, representation, or effigy tending to expose such person to public hatred, contempt, or ridicule, or to deprive him of the benefits of public confidence and social intercourse, or any written or oral communication concerning a natural person made public as aforesaid designed to blacken and vilify the memory of one who is dead and tending to scandalize or provoke his surviving relatives and friends.