North Dakota Code § 32-49-01

Definitions
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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.

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