Bill Summary for H 449 (2025-2026)
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View NCGA Bill Details(link is external) | 2025-2026 Session |
AN ACT TO INCREASE THE PUNISHMENT FOR COMMITTING THE OFFENSE OF SOLICITATION OF MINORS BY COMPUTER; TO REQUIRE CERTAIN PETITIONS PERTAINING TO SEX OFFENDER REGISTRATION BE PLACED ON THE CRIMINAL DOCKET; AND TO ESTABLISH THE OFFENSES OF HABITUAL INDECENT EXPOSURE AND AGGRAVATED HABITUAL INDECENT EXPOSURE.Intro. by Balkcom, Pyrtle, Stevens, Miller.
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Bill summary
Section 1.
Modifies the felony classification for a first violation of GS 14-202.3 (solicitation of child by computer or certain other electronic devices to commit an unlawful sex act) from a Class H felony to a Class E felony. Makes second or subsequent violations, or a first violation committed when the defendant had a prior conviction in any federal or state court in the United States that is substantially similar to the offense set forth in GS 14-202.3, as a Class D felony. Increases the penalty from a Class G felony to a Class C felony when the defendant, or any other person for whom the defendant was arranging the meeting in violation of the statute, actually appears at the meeting location. Applies to offenses committed on or after December 1, 2025.
Section 2.
Amends the process for a judicial determination of the requirement to register as a sex offender under the circumstances described in GS 14-208.12B to require that the court clerk receiving such a petition place it on the criminal docket to be calendared by the district attorney. Applies to petitions filed on or after December 1, 2025.
Section 3.
Establishes the offense of habitual indecent exposures to minors for persons with two or more prior convictions under GS 14-190.9 (indecent exposure) as a class F felony unless the conduct is punishable for another law providing greater punishment. 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. Requires a sentencing court to require any person convicted of either offense to register as a sex offender. Designates these convictions a reportable conviction under GS 14-208.6(4), the definitions pertaining to sex offender registration.
Section 4.
Specifies that prosecutions for offenses committed before the effective date of the act are not abated or affected by the act, and the statutes that would be applicable but for the act remain applicable to those prosecutions.