12.1-27.1-03.4. Restrictions on adult-oriented performances - Penalty

12.1-27.1-03.4. Restrictions on adult-oriented performances - Penalty 1. As used in this section: a. "Adult-oriented performance" means a performance that, regardless of whether or not performed for consideration, is intended to appeal to a prurient interest and features: (1) The purposeful exposure, whether complete or partial, of: (a) A human genital, the pubic region, the human buttocks, or a female breast, if the breast is exposed below a point immediately above the top of the areola; or (b) Prosthetic genitalia, breasts, or buttocks; or (2) Sexual conduct. b. "Public property" means real property in which a state agency or a political subdivision has an ownership interest. 2. A person is guilty of a class A misdemeanor for a first offense and a class C felony for a second or subsequent offense if the person organizes an adult-oriented performance: a. On public property; or b. At a business establishment frequented by minors, or where minors are or may be invited as a part of the general public.