House Bill 1351 (2025), sexually expressive images including AI-generated or altered deepfakes

N.D. Cent. Code § 12.1-27.1-03.3

A citation is an address, not a summary. The first part names the law; what follows narrows it to the exact section, article or paragraph.

In force since 1 August 2025.

An AI prohibited practices rule binding public and private bodies.

As of 6 September 2026.

What it requires

Do not surreptitiously create or knowingly possess a sexually expressive image, whether real, altered, or computer-generated, of an identifiable individual without that individual's written consent.
Do not distribute or publish a sexually expressive image, including a computer-generated or AI-altered one, with intent to cause emotional harm or humiliation, or after the depicted individual or their parent or guardian has told you they do not consent.
A depicted individual harmed by a violation of this section committed for sexual arousal, gratification, humiliation, degradation, or monetary or commercial gain may sue for damages, including statutory damages of up to ten thousand dollars per defendant, plus attorney fees and injunctive relief.

If you get it wrong

Criminal exposureYes

Private right of actionYes

Criminal exposure note

Surreptitious creation or possession without consent, or distribution with intent to harm or after notice of non-consent, is a class A misdemeanor; acquiring and knowingly distributing an image created without the subject's consent is a class B misdemeanor. The section states these classifications only; it does not itself state a dollar fine or a term of imprisonment.

What it reaches

Obligation class

Prohibition

What this law does

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page.

House Bill 1351 amended the definition of 'sexually expressive image' at N.D. Cent. Code § 12.1-27.1-01(13) to cover a real, altered, or computer-generated photograph or visual representation exhibiting a nude or partially denuded human figure or sexual conduct, reaching an AI-generated or AI-altered deepfake alongside a real photograph.

Under the operative prohibition, § 12.1-27.1-03.3, a person is guilty of a class A misdemeanor for surreptitiously creating or willfully possessing such an image of an identifiable individual without that individual's written consent, or for distributing or publishing one with intent to cause emotional harm or humiliation, or after being told by the depicted individual or their parent or guardian that they do not consent; a person is guilty of a class B misdemeanor for acquiring and knowingly distributing such an image created without the subject's consent.

A depicted individual identifiable in the image and harmed by a violation committed for sexual arousal, gratification, humiliation, degradation, or monetary or commercial gain has a civil cause of action for the greater of actual and emotional-distress damages or statutory damages capped at ten thousand dollars per defendant, plus any monetary gain the defendant made, exemplary damages, and attorney fees.

House Bill 1351 passed both chambers with only one dissenting vote, was signed by the governor on April 21, 2025, was filed with the secretary of state April 22, 2025, and carried no emergency clause, so it took effect August 1, 2025 under North Dakota's default effective-date rule.

When LexLint raises it

generates_content
publishes_adult_content

Read the law

official North Dakota Century Code, chapter 12.1-27.1 (ndlegis.gov)

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