AN ACT TO PROTECT CHILDREN FROM SEXUAL ABUSE BY INCREASING PROSECUTORIAL OPTIONS FOR DELAYED REPORTS OF CHILD ABUSE, TO EXPAND THE DUTY TO REPORT CHILD ABUSE, TO PROTECT CHILDREN FROM ONLINE PREDATORS, TO EXTEND THE STATUTE OF LIMITATIONS FOR A CIVIL ACTION FOR CHILD SEXUAL ABUSE SO THAT A PLAINTIFF HAS UNTIL AGE THIRTY-EIGHT TO COMMENCE AN ACTION, AND TO REQUIRE TRAINING ON CHILD SEX ABUSE AND SEX TRAFFICKING FOR SCHOOL PERSONNEL.
Conference report makes the following changes to the 7th edition.
Amends the act's long title.
No longer titles the act as "The Sexual Assault Fast Reporting and Enforcement (Safe child) Act of 2019."
Amends proposed GS 14-318.6 to no longer exempt a juvenile's parent or guardian from the requirement for any person aged 18 or older who knows or should have reasonably known that a juvenile has been or is the victim of a violent offense, sexual offense, or misdemeanor child abuse to immediately report the case to the appropriate local law enforcement agency.
Amends GS 1-17(d) to allow a plaintiff to file a civil action against a defendant for claims related to sexual abuse suffered while the plaintiff was under age 18 until the plaintiff attains age 28 (was, age 38). Adds that a plaintiff may file a civil action within two years of the date of a criminal conviction for a related felony sexual offense against a defendant for claims related to sexual abuse suffered while the plaintiff was under age 18. Makes conforming changes to GS 1-52.
Makes all of Part IV effective December 1, 2019, instead of when the act becomes law.
Adds the following provisions.
Amends GS 14-27.20 to add to against the will of the other person to the terms applicable to Article 7B (Rape and Other Sex Offenses) of GS Chapter 14. Defines the term as either (1) without consent of the other person or (2) after consent is revoked by the other person, in a manner that would cause a reasonable person to believe consent is revoked. Applies to offenses committed on or after December 1, 2019.
Amends GS 7B-101 by making clarifying changes to the definition of the term caretaker.
Expands GS 14-401.11, which prohibits the distribution of certain food or eatable substances injurious to a person, making it unlawful for any person to knowingly distribute, sell, give away, or otherwise cause to be placed in a position of human accessibility or ingestion of any beverage or other drinkable substances which the person knows contains certain substances, materials, controlled substances, poisonous chemicals or compounds, or any foreign material as specified. Makes violations punishable as a Class H or I felony depending on the contents of the food or beverage distributed and the degree the actual or possible discomfort caused, as specified. Makes clarifying, technical, and conforming changes.
Amends the definition of mentally incapacitated set out in GS 14-27.20, to now define the term as a victim who due to any act is rendered substantially incapable (was, a victim who due to any act committed upon the victim, or a poisonous or controlled substance provided to the victim without the knowledge or consent of the victim, is rendered substantially incapable) of either appraising the nature of his or her conduct or resisting the act of vaginal intercourse or a sexual act.
Amends GS 14-208.12A by adding that the victim of the underlying offense may appear and be heard in a proceeding regarding a request for termination of the sex offender registration requirement. Specifies notification requirements when the victim has elected to receive notices of such proceedings. Requires the judge to inquire as to whether the victim is present and wishes to be heard and requires the court to grant the victim an opportunity to be reasonably heard if the victim is present and wishes to be heard. Allows the right to be reasonably heard to be through an oral statement, written statement, or audio or video statement.
Amends GS 14-208.16, concerning residential restrictions for sex offender registrants, by providing that for the purposes of the statute, the term school includes any construction project designated for use as a public school if the governing body has notified the sheriff or sheriffs with jurisdiction within 1,000 feet of the construction project of the construction of the public school.
Makes new Parts V, VI, VII, and VIII effective December 1, 2019. Makes Part IV (extending civil statute of limitations and requiring training) effective December 1, 2019, instead of when the act becomes law.
© 2021 School of Government The University of North Carolina at Chapel Hill
This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.