§ 32-49-01 — Definitions

North Dakota § 32-49-01

• Jurisdiction: North Dakota
• Title 32: Judicial Remedies
• Ch. 32-49: Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act

Text

As used in this chapter:
1. "Consent" means affirmative, conscious, and voluntary authorization by an individual
with legal capacity to give authorization.
2. "Depicted individual" means an individual whose body is shown in whole or in part in
an intimate image.
3. "Disclosure" or "disclose" means the transfer, publication, or distribution to another
person.
4. "Identifiable" means recognizable by a person other than the depicted individual from:
a. An intimate image itself; or
b. An intimate image and identifying characteristic displayed in connection with the
intimate image.
5. "Identifying characteristic" means information that may be used to identify a depicted
individual.
6. "Individual" means a human being.
7. "Intimate image" means a photograph, film, video recording, or other similar medium
showing:
a. The uncovered genitals, pubic area, anus, or female postpubescent nipple of a
depicted individual; or
b. A depicted individual engaging in or being subjected to sexual conduct.
8. "Person" means an individual, estate, business or nonprofit entity, public corporation,
government or governmental subdivision, agency, or instrumentality, or other legal
entity.
9. "Sexual conduct" includes:
a. Masturbation;
b. Genital, anal, or oral sex;
c. Sexual penetration of, or with, an object;
d. Bestiality; or
e. The transfer of semen onto a depicted individual.