12.1-27.2 Sexual Performances by Children
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<![CDATA[CHAPTER 12.1-27.2SEXUAL PERFORMANCES BY CHILDREN12.1-27.2-01. Definitions. As used in this chapter:1."Obscene sexual performance" means any performance which includes sexual<br>conduct by a minor in any obscene material or obscene performance, as defined in<br>section 12.1-27.1-01.2."Performance" means any play, motion picture, photograph, dance, or other visual<br>representation, or any part of a performance.3."Promote" means to procure, manufacture, issue, sell, give, provide, lend, mail,<br>deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit,<br>or advertise.4."Sexual conduct" means actual or simulated sexual intercourse, sodomy, sexual<br>bestiality, masturbation, sadomasochistic abuse, or lewd exhibition of the genitals,<br>including the further definitions of sodomy and sadomasochistic abuse under section<br>12.1-27.1-01.5."Sexual performance" means any performance which includes sexual conduct by a<br>minor.6."Simulated" means the explicit depiction of any of the conduct set forth in subsection<br>4 which creates the appearance of actual sexual conduct and which exhibits any<br>nude or partially denuded human figure, as defined in section 12.1-27.1-03.1.12.1-27.2-02. Use of a minor in a sexual performance. A person is guilty of a class Bfelony if, knowing the character and content of a performance, that person employs, authorizes,<br>or induces a minor to engage in sexual conduct during a performance or, if being a parent, legal<br>guardian, or custodian of a minor, that person consents to the participation by the minor in sexual<br>conduct during a performance.12.1-27.2-03. Promoting or directing an obscene sexual performance by a minor. Aperson is guilty of a class B felony if, knowing the character and content of a performance, that<br>person produces, directs, or promotes any obscene performance which includes sexual conduct<br>by a person who was a minor at the time of the performance.12.1-27.2-04. Promoting a sexual performance by a minor. A person is guilty of aclass C felony if, knowing the character and content of a performance, that person produces,<br>directs, or promotes any performance which includes sexual conduct by a person who was a<br>minor at the time of the performance.12.1-27.2-04.1. Possession of certain materials prohibited. A person is guilty of aclass C felony if, knowing of its character and content, that person knowingly possesses any<br>motion picture, photograph, or other visual representation that includes sexual conduct by a<br>minor.12.1-27.2-04.2. Sexual performance by a minor - Enhanced penalties.1.Notwithstanding the provisions of sections 12.1-32-01 and 12.1-32-01.1 relating to<br>fines, a person who commits an offense under this chapter and who acts in the<br>course of a commercial or for-profit activity or transaction in which the offender had<br>or shared ownership, control, managerial responsibility, or a financial interest other<br>than wages is subject to the following penalty:a.For an individual, a fine not to exceed ten thousand dollars; orPage No. 1b.For a corporation, limited liability company, association, partnership, or other<br>legal entity, a fine not to exceed twenty-five thousand dollars.2.Notwithstanding the provisions of sections 12.1-32-01 and 12.1-32-01.1 relating to<br>fines, the court shall impose the following fine upon the conviction of a person or<br>entity described in subsection 1 for a second or subsequent offense under this<br>chapter:a.For an individual, a fine not to exceed fifty thousand dollars; orb.For a corporation, limited liability company, association, partnership, or other<br>legal entity, a fine not to exceed one hundred thousand dollars.12.1-27.2-05.Sexual performance by a minor - Affirmative defenses.It is anaffirmative defense to a prosecution under this chapter that:1.The defendant in good faith reasonably believed the person appearing in the<br>performance was eighteen years of age or older;2.The material or performance involved was disseminated or presented for a bona fide<br>medical, scientific, educational, religious, governmental, judicial, or other appropriate<br>purpose by or to a physician, psychologist, sociologist, scientist, teacher, person<br>pursuing bona fide studies or research, librarian, member of the clergy, prosecutor,<br>judge, or other person having a similar interest in the material or performance; or3.The defendant had no financial interest in promoting a sexual performance by a<br>minor, other than employment in a theater, which employment does not include<br>compensation based upon any proportion of the receipts arising from promotion of<br>the sexual performance, and that person was in no way responsible for acquiring the<br>material for sale, rental, or exhibition.12.1-27.2-06. Proof of age of minor. When it becomes necessary under this chapter todetermine whether a minor participated in a sexual performance, the trier of fact may base its<br>determination on personal inspection of the minor, inspection of a photograph or motion picture<br>of the sexual performance, testimony by a witness to the sexual performance as to the age of the<br>minor based upon the minor's appearance, expert testimony based upon the appearance of the<br>minor in the sexual performance, or any other method authorized by law or by rule.Page No. 2Document Outlinechapter 12.1-27.2 sexual performances by children]]>