MODERNIZE SEX CRIMES. (NEW)

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View NCGA Bill Details2023-2024 Session
House Bill 591 (Public) Filed Monday, April 10, 2023
AN ACT TO ESTABLISH SEXUAL EXTORTION OFFENSES, TO UPDATE OFFENSES RELATED TO SEXUAL EXPLOITATION OF A MINOR, TO UPDATE SEX OFFENDER AND PUBLIC PROTECTION REGISTRATION PROGRAMS, AND TO CLARIFY THE OFFENSE OF DISCLOSURE OF PRIVATE IMAGES.
Intro. by Davis.

Status: Ref To Com On Rules, Calendar, and Operations of the House (House action) (May 16 2024)

SOG comments (1):

Long title change

Committee substitute to the 2nd edition changed the long title. Previous long title was AN ACT TO CLARIFY RESTITUTION FOR SEXUAL EXPLOITATION OF A MINOR.

Bill History:

H 591

Bill Summaries:

  • Bill H 591
    Summary date: May 14 2024 - View Summary

    Senate committee substitute to the 2nd edition replaces the bill in its entirety with the following.

    Adds new GS 14-202.7 (sexual extortion; aggravated sexual extortion). Defines nine terms, including private image.  Specifies that a person commits the offense of sexual extortion if the person intentionally threatens to disclose a private image, or to decline to delete, remove, or retract a previously disclosed private image, of the victim or of an immediate family member of the victim in order to compel or attempt to compel the victim or an immediate family member of the victim to do any act or refrain from doing any act against the victim's will, with the intent to obtain additional private images or anything else of value or any acquittance, advantage, or immunity. Specifies if a person is an adult at the time of the offense, the violation is a Class F felony. If the person is a minor at the time of the first offense the violation is a Class 1 misdemeanor and a Class 2 felony for subsequent or second offenses.

    Adds new Class E felony for aggravated sexual extortion, which consists of the above acts, but the victim must either be a minor or a person with a disability and the offender must be an adult at the time of the offense.

    Adds new offense, new GS 14-190.17C, obscene visual representation of sexual exploitation of a minor, which makes it a Class E felony for a person to knowingly produce, distribute, receive, or possess with intent to distribute material that meets both of the following criteria: (1) depicts a minor engaging in sexual activity and (2) is obscene. Makes it a Class H felony for any person to knowingly possess material that meets both of the following criteria: (1) depicts a minor engaging in sexual activity and (2) is obscene. Specifies it is not a required element of the offense that the visual depiction be of a minor that actually exists.

    Amends the definitions for certain offenses concerning minors under GS 14-190.13 as follows. Defines identifiable minor to mean an individual who meets all of the following criteria: (1) was a minor at the time either of the following occurred: (i) the material was created, adapted, or modified, or (ii) the image that was used in creating, adapting, or modifying the material was taken and (2) is recognizable as an actual person by the person's face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature. Specifies that the term does not require proof of actual identity of the minor.  Defines obscene to mean material that meets all of the following criteria: (1) it depicts or describes in a patently offensive way sexual activity; (2) the average person applying contemporary community standards relating to the depiction or description of sexual matters would find that the material taken as a whole appeals to the prurient interest in sex; (3)the material lacks serious literary, artistic, political, or scientific value; and (4) the material as used is not protected or privileged under the  Constitution of the United States or the Constitution of North Carolina. Amends definitions of material and sexual activity. Adds new definition, child sex doll.  Makes conforming changes to account for new GS 14-190.17C.

    Amends the offense of first degree sexual exploitation of a minor (GS 14-190.16), to include when a person creates for sale or pecuniary gain material created, adapted, or modified to appear that an identifiable minor is engaged in sexual activity (designated as a Class D felony) or creates for sale or pecuniary gain a child sex doll of an identifiable minor (designated as a Class C felony).

    Amends GS 14-190.17 (second degree exploitation of a minor) to include when a person distributes, transports, exhibits, receives, sells, purchases, exchanges, or solicits a child sex doll as one of the underlying acts for the offense. Amends the prong of the offense relating to when a person distributes, transports, exhibits, receives, sells, purchases, exchanges, or solicits material that contains a visual representation of a minor engaged in sexual activity, to include material that has been created, adapted, or modified to appear that an identifiable minor is engaged in sexual activity.

    Amends GS 14-190.17A (third degree sexual exploitation of a minor) to include possession of a child sex doll or possession of material that has been created, adapted, or modified to appear that an identifiable minor is engaging in sexual activity.

    Amends the types of acts that fall under GS 14-202.3, solicitation of child by computer or certain other electronic devices to commit an unlawful sex act, as follows. Now specifies that solicitation of a child less than sixteen years of age and least five years younger than the defendant falls under the act if the child is meeting with the defendant or any other person for the purpose of a committing an unlawful sex act (currently, solicitation is limited to the child meeting with the defendant for such purpose).  Adds solicitation of a person the defendant believes to be the parent, guardian, or caretaker of a child who is less than sixteen years of age and who the defendant believes to be at least five years younger than the defendant, to meet with the defendant or any other person for the purpose of committing an unlawful sex act. 

    Adds GS 14-190.17C (obscene visual representation of sexual exploitation of a minor) as a sexually violent offense under GS 14-208.6 (definitions pertaining to the State’s sex offender registry).  

    Amends GS 14-208.15A (pertaining to when a covered entity must release an online identifier of a person suspected of violating certain sex crime statutes to the Cyber Tip Line at that National Center for Missing and Exploited Children) to include GS 14-190.17C as one of the offenses.  

    Makes conforming changes to GS 14-208.18 (provisions pertaining to sex offenders unlawfully on premises) and GS 14-208.40A (determinations of satellite-based monitoring by the court).

    Amends the definition of image under GS 14-190.5A (disclosure of private images) to include a realistic visual depiction created, adapted, or modified by technological means, including algorithms or artificial intelligence, such that a reasonable person would believe the image depicts an identifiable individual, or any other reproduction that is created, adapted, or modified by electronic, mechanical, or other means. (Current version does not include description of realistic visual depiction and limits reproductions only to those made.) Amends the elements of the offense to also now include (1) when the depicted person’s intimate parts are realistically depicted to be exposed or the depicted person is realistically depicted to be engaged in sexual conduct in the disclosed image and (2) when a person created, adapted, or modified the image with without the depicted person’s consent.

    Makes conforming changes to act’s titles. Applies to offenses committed on or after December 1, 2024.


  • Summary date: Jun 27 2023 - View Summary

    Senate committee substitute to the 1st edition makes the following changes.

    Amends proposed GS 14-190.17B as follows. No longer requires courts to order a defendant who viewed child pornography and has been convicted of first, second, or third degree sexual exploitation of a minor to make restitution. No longer includes in the calculation of the full amount of the victim's losses any other relevant losses (other than the five already listed) incurred by the victim.


  • Summary date: Apr 13 2023 - View Summary

    Enacts GS 14-190.17B, requiring courts to order restitution for first, second, or third degree sexual exploitation of a minor offenses (set forth in GS 14-190.16, 14-190.17, and 14-190.17A, respectively). Also requires courts to order a defendant who viewed child pornography and has been convicted of first, second, or third degree sexual exploitation of a minor to make restitution. Directs the court to determine the full amount of the victim's losses for costs incurred as a proximate result of the offense, including applicable injuries and damages described in GS 15A-1340.35 (Basis for restitution); medical services relating to physical, psychiatric, or psychological care; physical and occupational therapy or rehabilitation; transportation, temporary housing, and childcare expenses; loss of income; litigation costs; and other relevant losses incurred by the victim. Provides for apportionment when more than one defendant contributed to the losses of the victim. Allows for the defendant to petition the court to amend the order upon showing the victim has received restitution in the full amount of the victim's determined losses. Allows the court to require the victim to provide information for amounts paid in other cases for the same losses. Provides that notwithstanding any other provision of this section, the court is not required to order restitution for a violation of G.S. 14-190.16, 14-190.17, or 14-190.17A if the victim has not been identified. Provides for the statute to supersede Article 81C, GS Chapter 15A (governing restitution in criminal cases), in case of conflict. Applies to orders for restitution entered on or after December 1, 2023.