Page:2019 North Dakota Session Laws.pdf/433

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Chapter 108
Criminal Code

CHAPTER 108

SENATE BILL NO. 2273

(Senators Poolman, Bakke, D. Larson)

(Representatives Hanson, Karls)

AN ACT to create and enact a new section to chapter 12.1-20 of the North Dakota Century Code, relating to sexual extortion; and to amend and reenact section 12.1-32-15 and subsection 3 of section 50-25.1-02 of the North Dakota Century Code, relating to offenders against children, sexual offenders, sexually violent predators, and child abuse and neglect.

BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:

SECTION 1. A new section to chapter 12.1-20 of the North Dakota Century Code is created and enacted as follows:

Sexual extortion.

1. An individual commits the offense of sexual extortion if the individual:

a. With an intent to coerce a victim to engage in sexual contact, in sexually explicit conduct, or in simulated sexually explicit conduct, or to produce, provide, or distribute an image, video, or other recording of any individual engaged in sexually explicit conduct or any intimate image of an individual, or a demand for money, communicates in person or by electronic means:

(1) A threat to the victim's or another's person, property, or reputation; or

(2) A threat to distribute or an enticement to delete an intimate image or video of the victim or another.

b. Knowingly causes a victim to engage in sexual contact, in sexually explicit conduct, or in simulated sexually explicit conduct, or to produce, provide, or distribute any image, video, or other recording of any individual engaged in sexually explicit conduct or any intimate image of an individual, or a demand for money, by means of:

(1) A threat to the victim's or another's person, property, or reputation; or

(2) A threat to distribute or an enticement to delete an intimate image or video of the victim or another.

2. The offense is:

a. A class B felony if the actor's conduct violates subdivision b of subsection 1 and the victim is a minor or vulnerable adult, otherwise a class A misdemeanor.

b. A class A misdemeanor if the actor's conduct violates subdivision a of subsection 1.

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