• 2009 - Promoting or Directing an Obscene Sexual Performance by a Minor (Class B Felony)
  • K-7.26
    • Children And Minors
    • Secured Premises
    • Sex Crimes
    • Sex Crimes

  • A person who, knowing the character and content of a performance, [produces] [directs] [promotes] any obscene performance which includes sexual conduct by a person who was a minor at the time of the performance, is guilty of promoting or directing an obscene sexual performance by a minor.

     

    ESSENTIAL ELEMENTS OF THE OFFENSE

     

    The State’s burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements:

     

    1) On or about [month] [day] [year], in [County], North Dakota, the Defendant, ________________;

     

    2) Knowing the character and content of a performance;

     

    3) [Produced] [directed] [promoted] any obscene performance which included sexual conduct by a person who was a minor at the time of the performance.

     

    DEFINITIONS [Insert relevant definitions. NDCC 12.1-27.2-01, NDCC 12.1-02-02]


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  • Notes: For the affirmative defense to this charge, see NDJI K-7.29.