TO CREATE THE CRIMINAL OFFENSE OF UNLAWFUL SALE, SURRENDER, OR PURCHASE OF A CHILD; TO APPROPRIATE FUNDS TO THE DEPARTMENT OF PUBLIC SAFETY TO ASSIST WITH THE COST OF INCREASED PRISON BED CAPACITY; AND TO APPROPRIATE FUNDS TO THE NORTH CAROLINA CONFERENCE OF DISTRICT ATTORNEYS TO HELP EDUCATE INVESTIGATORS AND DISTRICT ATTORNEYS REGARDING THIS TYPE OF CRIMINAL ACTIVITY AND THE LEGAL RESOURCES AVAILABLE TO FIGHT THESE CRIMES AND TO CONDUCT A STUDY TO DETERMINE WHAT OTHER MEASURES MAY BE NEEDED TO STOP THIS TYPE OF CRIMINAL ACTIVITY.
Enacts new GS 14-43.14 to prohibit the unlawful sale, surrender, or purchase of a child. Specifies the elements of the offense. Makes the offense of unlawful sale, surrender, or purchase of a child a Class D felony. Sets out fines for violations of proposed GS 14-43.14. Declares a child whose parent, guardian, or custodian has sold or attempted to sell the child is a dependent, neglected, and abused child as defined by GS 7B-101 and a court may make a placement of the child based on the best interest of the child standard. Provides that a violation of this section is a lesser included offense of GS 14-43.11 (human trafficking). Makes conforming changes to GS 7B-101(1) [abused juveniles], GS 14-208.6(5) [defining sexually violent offense], and GS 48-10-102(b) [unlawful payments related to adoption]. Effective December 1, 2012 and applies to offenses committed on or after that date.
Appropriates $25,000 for 2012-13 from the General Fund to the Department of Public Safety and appropriates $5,000 for 2012-13 from the General Fund to the North Carolina Conference of District Attorneys for purposes as the title indicates. Effective July 1, 2012.
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