Bill Summary for S 579 (2023-2024)

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Summary date: 

Sep 22 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
Senate Bill 579 (Public) Filed Tuesday, April 4, 2023
AN ACT TO INCREASE THE PUNISHMENT FOR DISSEMINATING OBSCENITY, TO CLARIFY RESTITUTION FOR SEXUAL EXPLOITATION OF A MINOR, AND TO MODIFY CERTAIN OFFENSES RELATED TO PUBLIC MORALITY AND DECENCY.
Intro. by B. Newton, Britt, Daniel.

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Bill summary

Conference report makes the following changes to the 3rd edition.

Deletes Section 2 of the act, which enacted new GS 14-190.15A (restrictions on adult live entertainment) and Section 3 of the act, which enacted new GS 14-202.1A (sexual contact with a minor).

Adds the following new content.

Section 2

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). 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; and attorneys’ fees and litigation costs. 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 GS 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. 

Section 3

Amends GS 14-190.1 to make it illegal for a person age 18 or older (was, any person) to: (1) intentionally disseminate obscenity; (2) knowingly and intentionally create, buy, procure, or possess obscene material with the purpose and intent of disseminating it unlawfully; and (3) advertise or otherwise promote the sale of material represented or held out by that person as obscene. Makes it a Class H felony (instead of Class I) for any person to knowingly violate this statute in the presence of a minor under age 18.

Amends GS 14-190.6 by increasing the penalty from a Class I felony to a Class H felony for a person age 18 or older to intentionally hire, employ, use or permit any minor under the age of 16 years to do or assist in doing any act or thing constituting an offense under Article 26 (Offenses Against Public Morality and Decency) and involving any material, act, or thing they know or reasonably should know to be obscene.

Amends GS 14-190.7 by increasing the penalty from a Class I felony to Class H felony for a person age 18 or older who knowingly disseminates to any minor under the age of 16 years any material which they know or reasonably should know to be obscene.

Amends GS 14-190.8 by increasing from a Class I to a Class G felony for a person age 18 years or older to knowingly disseminate to any minor under the age of 13 years any material which they know or reasonably should know to be obscene.

Amends GS 14-190.9 as follows. Makes it a Class H felony for any person at least age 18 to willfully expose the private parts of his or her person in any public place in the presence of a minor as defined in GS 14-190.13 (was, in the presence of any other person less than 16 years of age) for the purpose of arousing or gratifying sexual desire. Makes it a Class 2 misdemeanor for a person at least 18 years of age to willfully expose the private parts of his or her person in a private residence of which they are not a resident and in the presence of a minor as defined in GS 14-190.13 (was, in the presence of any other person less than 16 years) who is a resident of that private residence. GS 14-190.13 defines a minor as an individual who is less than 18 years old and is not married or judicially emancipated.

Applies to offenses committed on or after December 1, 2023.

Amends the act's long title.