Bill Summary for H 83 (2025-2026)

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Summary date: 

Mar 11 2025

Bill Information:

View NCGA Bill Details(link is external)2025-2026 Session
House Bill 83 (Public) Filed Monday, February 10, 2025
AN ACT TO AMEND THE OFFENSE OF DISSEMINATING OBSCENITY TO MINORS; TO ADD THE OFFENSES OF DISSEMINATING OBSCENITY TO MINORS, DISSEMINATING HARMFUL MATERIAL TO MINORS, AND EXHIBITING HARMFUL PERFORMANCES TO MINORS TO THE LIST OF CRIMINAL CONVICTIONS THAT MAY REQUIRE REGISTRATION UNDER THE SEX OFFENDER AND PUBLIC PROTECTION REGISTRATION PROGRAM; AND TO ESTABLISH THE OFFENSES OF HABITUAL INDECENT EXPOSURE AND AGGRAVATED HABITUAL INDECENT EXPOSURE AND REQUIRE SEX OFFENDER REGISTRATION FOR THOSE OFFENSES.
Intro. by Torbett.

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Bill summary

House committee substitute to the 1st edition makes the following changes.  Removes Part II from the act, which was comprised of: (1) amendments to GS 20-280.5 to require transportation network company (TNC) drivers to obtain consent from an unemancipated minor’s parent or legal guardian before providing service to that minor and (2) new GS 14-401.28 making it an infraction with $250 fine for a TNC driver to provide TNC service (defined) to an unemancipated minor, without first obtaining consent from that minor child's parent or legal guardian. Makes organizational changes. Makes conforming changes, including to the act’s title. Makes technical changes.

Modifies the age requirement under GS 14-190.7 (dissemination of obscene materials to minors) so that a person is now guilty of a Class H felony (was, Class G felony in 1st edition and H under current law) if the person age 18 or older is at least four years older than the minor (currently, GS 14-190.7 requires that the minor be under the age of sixteen).  Makes organizational and conforming changes, including to the statute's title.

Removes the proposed felony class modifications to GS 14-190.8 (dissemination of obscene material to minors under age 13 by persons aged 18 or older) and GS 14-190.15 (dissemination of harmful material to minors). 

Makes clarifying changes to the new offense of habitual indecent exposure under new GS 14-190.9(a6) and upgrades felony classification to Class F felony (was, Class H felony). Makes additional clarifying changes to the statute. Adds new GS 14-190.9(a7) creating a Class E felony for aggravated habitual indecent exposure when the person is at least 18 years old and willfully expose themselves to a minor in a public place and has two or more prior convictions under any combination of the listed offenses (except for habitual indecent exposure) in GS 14-190.9.  Removes designation as reportable conviction under GS 14-208.6, the definitions pertaining to sex offender registration, of final convictions of habitual indecent exposure. Instead, lists both habitual indecent exposure and aggravated habitual indecent exposure as sexually violent offenses under that statute.