North Dakota Code § 12.1-15-01

Criminal defamation
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1. A person is guilty of a class A misdemeanor if he willfully publishes defamatory matter 
or knowingly procures such publication or in any way knowingly aids or assists in the 
same being done.
2. It is a defense to a prosecution under this section that:
a. The matter alleged to be defamatory is true; or
b. The matter alleged to be defamatory was contained in a privileged 
communication.
3. In this section:
a. "Defamatory matter" means any written or oral communication concerning a 
natural person made public with actual malice or with reckless disregard of the 
truth by any utterance, printing, writing, sign, picture, representation, or effigy 
tending to expose such person to public hatred, contempt, or ridicule or to deprive 
him of the benefits of public confidence and social intercourse or any written or 
oral communication concerning a natural person made public as aforesaid 
designed to blacken and vilify the memory of one who is dead and tending to 
scandalize or provoke his surviving relatives and friends.
b. "Privileged communication" means a communication made to a person entitled to 
or interested in the communication by one who is also entitled to or interested or 
who stood in such relation to the former as to afford a reasonable ground for 
supposing his motive innocent.
c. "Publication" means a knowing display of defamatory matter, or the parting with 
its immediate custody under circumstances which exposed the defamatory matter 
to be read or seen or understood by a person other than the publisher of the 
defamatory matter, although it is not necessary that the matter complained of 
should have been seen or read by another.

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