North Dakota Republicans' Bill Proposes Total 'Obscenity Control'

North Dakota Republicans' Bill Proposes Total 'Obscenity Control'

BISMARCK — A partisan bill introduced by North Dakota Republican state senators would redefine “obscene material and performance” and “explicit sexual material” in extremely broad terms that would result in creating criminal liability for almost all instances of nudity and references to sex outside of adult venues.

Senate Bill 2360, aiming to amend “Obscenity Control” provisions, was introduced last week by State Sen. Keith Boehm (Dist. 33) — who describes himself as “a lifelong farmer and rancher and small businessman” — and four fellow Republicans. State Rep. Jim Kasper (R-Dist. 46) sponsored the House version of the bill.

Although the purported aim of the bill is to address a questionable “pornography crisis” in North Dakota’s school libraries, Boehm’s bill would in fact redefine obscenity as “material or a performance which: a. Taken as a whole, the average person, applying contemporary North Dakota standards, would find predominantly appeals to a prurient interest; depicts or describes in a patently offensive manner sexual conduct, whether normal or perverted; and taken as a whole, the reasonable person would find lacking in serious literary, artistic, political or scientific value.”

Whether material or a performance is obscene, the bill continues, “must be judged with reference to reasonable adults, unless it appears from the character of the material or the circumstances of its dissemination that the material or performance is designed for minors or other specially susceptible audience, in which case the material or performance must be judged with reference to that type of audience.”

Boehm’s original draft of SB 2360 appealed to “ordinary adults” as the standard of judgment, but this was amended later to “reasonable adults.”

The War on 'Nude or Partially Denuded Human Figures'

Another section of the Republican bill defines “objectionable materials or performance” and criminalizes anyone who may “willfully display at newsstands or any other business establishment frequented by minors, or where minors are or may be invited as a part of the general public, any photograph, book, paperback book, pamphlet, or magazine, the exposed cover or available content of which either contains explicit sexual material that is harmful to minors or exploits, is devoted to, or contains depictions or written descriptions of nude or partially denuded human figures posed or presented in a manner to exploit sex, lust or perversion.”

Boehm’s original version specified that the offending material had to be presented “for commercial gain,” but this was later struck to make any expression that may be interpreted as falling under the bill’s definition, regardless of profit motive.

Then SB 2360 proceeds to specify a sweeping redefinition of “explicit sexual material,” which would now mean “any written, pictorial, three-dimensional, or visual depiction that is patently offensive, including any photography, picture, or computer-generated image, showing or describing:

“(1) Human masturbation;

(2) Deviant sexual intercourse;

(3) Sexual intercourse;

(4) Direct physical stimulation of genitals;

(5) Sadomasochistic abuse;

(6) Postpubertal human genitals;

(7) Sexual activity;

(8) Sexual perversion; or

(9) Sex-based classifications.”

Leaving nothing to chance, the Republican senators also defined “nude or partially denuded human figures" to means “less than completely and opaquely covered human genitals, pubic regions, female breasts or a female breast, if the breast or breasts are exposed below a point immediately above the top of the areola, or human buttocks; and includes human male genitals in a discernibly turgid state even if completely and opaquely covered.”

Finally, ensuring that any public space not zoned as adult-only would be covered by the censorship bill, the phrase “where minors are or may be invited as a part of the general public" was specifically clarified to mean “any public roadway or public walkway,” with the exception of “a bona fide school, college, university, museum, public library or art gallery.”

'Amorphous' Censorship Bills

In an op-ed on Tuesday, North Dakota columnist Rob Port asked whether “If Senate Bill 2360 were to become law, would Christians and Muslims and other citizens of faith have to buy their holy books in a porn shop?”

Port clarified he was “being facetious when I lump the Christian Bible in with porn. Obviously, the Bible is not porn, but SB 2360, along with House Bill 1205, which seeks to implement similar content restrictions, doesn't make those distinctions."

These bills' definitions of what constitutes objectionable materials, Port concluded "are so amorphous that most literature sold today would be censored.”

Main Image: North Dakota State Sen. Keith Boehm

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

SWR Data Publishes 2026 'Hot List' Report

Adult industry market research outfit SWR Data has published its 2026 Hot List report on the top creator platforms of 2025.

Adult Chat Platform Arousr Sets Human-Only Host Policy

Adult chat platform Arousr has announced a policy to only use verified human hosts, not chatbots.

Arizona State Legislator Proposes Porn Ban

A member of Arizona’s House of Representatives on Wednesday introduced a bill that would make it illegal to produce or distribute adult content in that state.

SinfulXAI to Launch New AI Generator

AI companion platform SinfulXAI has announced its new AI video generator, launching in February.

SCOTUS Won't Hear Appeal in NYC Adult Businesses Zoning Case

The U.S. Supreme Court has declined to hear an appeal by a group of adult businesses of a lower court’s decision allowing enforcement of a 2001 zoning law aimed at forcing adult retail stores out of most parts of New York City.

AEBN Publishes Popular Searches for November, December

AEBN has published the top search terms for November and December from its straight and gay theaters in all 50 states and the District of Columbia.

X3 Expo Day 2 Delivers Stars, Screenings and Fan Favorites

The sun once again shone brightly on the historic Hollywood Palladium as throngs of avid fans made their way through the doors, ready to experience Day 2 of the 2026 X3 Expo.

X3 Expo Kicks Into Gear With an All-Star Lineup

Outside the historic Hollywood Palladium on Friday, a huge crowd of fans lined Sunset Boulevard, eagerly awaiting the opening of the 2026 X3 Expo and their big chance to meet the cream of the crop of adult stars.

2026 XBIZ Honors Salutes Resilience Across the Online Adult Industry

The 2026 XBIZ Honors packed house Wednesday night, turning the Kimpton Everly Hotel’s Nichols Ballroom into a gala celebration of industry excellence.

Elevated X Integrates CCBill for Payment Processing

Elevated X has added CCBill payment processing integration to its ELXNexus traffic management and affiliate software.

Show More