Page:2019 North Dakota Session Laws.pdf/434

Criminal Code 3. For purposes of this section:

a. "Intimate image" has the meaning provided in subsection 1 of section 12.1-17-07.2.

b. "Sexual contact" has the meaning provided in section 12.1-20-02.

c. "Sexually explicit conduct" has the meaning provided in subsection 1 of section 12.1-17-07.2.

d. "Simulated sexually explicit conduct" has the meaning provided in subsection 1 of section 12.1-17-07.

36 SECTION 2. AMENDMENT. Section 12.1-32-15 of the North Dakota Century Code is amended and reenacted as follows:

12.1-32-15. Offenders against children and sexual offenders - Sexually violent predators - Registration requirement - Penalty.

1. As used in this section:

a. "A crime against a child" means a violation of chapter 12.1-16, section 12.1-17-01.1 if the victim is under the age of twelve, 12.1-17-02, 12.1-17-04, subdivision a of subsection 6 of section 12.1-17-07.1, section 12.1-18-01, 12.1-18-02, 12.1-18-05, chapter 12.1-29, or section 14-09-22, subsection 3 of section 12.1-41-02, subsection 3 of section 12.1-41-03, or an equivalent offense from another court in the United States, a tribal court, or court of another country, in which the victim is a minor or is otherwise of the age required for the act to be a crime or an attempt or conspiracy to commit these offenses.

b. "Department" means the department of corrections and rehabilitation.

c. "Homeless" means an individual who is physically present in this state, but is living in a park, under a bridge, on the streets, in a vehicle or camper, or is otherwise without a traditional dwelling, and also one who resides in this state but does not maintain a permanent address. The term does not include individuals who are temporarily domiciled or individuals residing in public or private shelters that provide temporary living accommodations.

d. "Mental abnormality" means a congenital or acquired condition of an individual that affects the emotional or volitional capacity of the individual in a manner that predisposes that individual to the commission of criminal sexual acts to a degree that makes the individual a menace to the health and safety of other individuals.

e. "Predatory" means an act directed at a stranger or at an individual with whom a relationship has been established or promoted for the primary purpose of victimization.

f. "Reside" means to live permanently or be situated for a considerable time in a home or a particular place.

36 Section 12.1-32-15 was also amended by section 1 of Senate Bill No. 2253, chapter 120.