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NORTH DAKOTA

[NAC NOTE: The indecent exposure law was revised as a result of the unanimous passage in the 2003 North Dakota legislature of SB 2212. Click here to view the wording of the previous law.]

  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.

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.
 

12.1-31-01. Disorderly conduct.

1. An individual is guilty of a class B misdemeanor if, with intent to harass, annoy, or alarm another person or in reckless disregard of the fact that another person is harassed, annoyed, or alarmed by the individual's behavior, the individual:

    a. Engages in fighting, or in violent, tumultuous, or threatening behavior;

    b. Makes unreasonable noise;

    c. In a public place, uses abusive or obscene language, knowingly exposes that individual's penis, vulva, or anus, or makes an obscene gesture;

    d. Obstructs vehicular or pedestrian traffic or the use of a public facility;

    e. Persistently follows a person in or about a public place or places;

    f. While loitering in a public place for the purpose of soliciting sexual contact, the individual solicits the contact;

    g. Creates a hazardous, physically offensive, or seriously alarming condition by any act that serves no legitimate purpose; or

    h. Engages in harassing conduct by means of intrusive or unwanted acts, words, or gestures that are intended to adversely affect the safety, security, or privacy of another person.

2. This section does not apply to constitutionally protected activity. If an individual claims to have been engaged in a constitutionally protected activity, the court shall determine the validity of the claim as a matter of law and, if found valid, shall exclude evidence of the activity.

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    [NAC NOTE: For reference, here is the North Dakota indecent exposure law as it existed before the passage of SB 2212 in the 2003 ND legislature.]

      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

      b. Exposes one's penis, vulva, or anus in a public place.

    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.
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