Page:2017 North Dakota Session Laws.pdf/529

Criminal Code CHAPTER 101

HOUSE BILL NO. 1183

(Representatives Boschee, Hanson, K. Koppelman, Maragos, M. Nelson, Roers Jones)

(Senators Armstrong, D. Larson, Nelson, Piepkorn)

AN ACT to amend and reenact section 12.1-20-12.1, subsection 2 of section 12.1-20-12.2, and subsection 4 of section 12.1-27.2-01 of the North Dakota Century Code, relating to indecent exposure toward minors, surreptitious intrusion, and sexual performances by children; and to provide a penalty.

BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:

SECTION 1. AMENDMENT. Section 12.1-20-12.1 of the North Dakota Century Code is amended and reenacted as follows:

12.1-20-12.1. Indecent exposure.

1. A person, with intent to arouse, appeal to, or gratify that person's lust, passions, or sexual desires, is guilty of a class A misdemeanor if that person:

a. Masturbates in a public place or in the presence of a minor; or

b. Exposes one's penis, vulva, or anus in a public place or to a minor in a public or private place.;

c. Exposes one's penis, vulva, or anus by unsolicited electronic means; or

d. Exposes one's penis, vulva, or anus by any electronic means to a minor.

2. A person is guilty of a class C felony if the person violates subsection 1 after a previous conviction for violating subsection 1, after a previous conviction for violating section 12.1-20-12.2, or after being required to register under section 12.1-32-15.

3. A person who commits a violation of subdivision a or b of subsection 1 within fifty feet [15.24 meters] of or on the real property comprising a public or nonpublic elementary, middle, or high school is guilty of a class C felony. A person who commits a violation of subsection 2 within fifty feet [15.24 meters] of or on the real property comprising a public or nonpublic elementary, middle, or high school is guilty of a class B felony.

4. The act of a woman discreetly breastfeeding her child is not a violation of this section.

5. As used in this section, "electronic means" includes images and picture, transmitted via electronic mail, electronic messaging, or from an electronic communications device.

SECTION 2. AMENDMENT. Subsection 2 of section 12.1-20-12.2 of the North Dakota Century Code is amended and reenacted as follows: