North Dakota § 12.1-27.2-05 Sexual performance by a minor - Affirmative defenses

North Dakota Statutes

§ 12.1-27.2-05 — Sexual performance by a minor - Affirmative defenses

North Dakota § 12.1-27.2-05

Title 12.1Criminal Code

Ch. 12.1-27.2Sexual Performances by Children

This text of North Dakota § 12.1-27.2-05 (Sexual performance by a minor - Affirmative defenses) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 12.1-27.2-05 (2026).

Text

It is an affirmative defense to a prosecution under this chapter that:

1.The defendant in good faith reasonably believed the person appearing in the performance was eighteen years of age or older, if the minor was in fact fifteen years of age or older; or

2.The material or performance involved was disseminated or presented for a bona fide medical, scientific, educational, religious, governmental, judicial, or other appropriate purpose by or to a physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies or research, librarian, member of the clergy, prosecutor, judge, or other person having a similar interest in the material or performance.

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It is an affirmative defense to a prosecution under this chapter that:
1. The defendant in good faith reasonably believed the person appearing in the
performance was eighteen years of age or older, if the minor was in fact fifteen years
of age or older; or
2. The material or performance involved was disseminated or presented for a bona fide
medical, scientific, educational, religious, governmental, judicial, or other appropriate
purpose by or to a physician, psychologist, sociologist, scientist, teacher, person
pursuing bona fide studies or research, librarian, member of the clergy, prosecutor,
judge, or other person having a similar interest in the material or performance.