PREVENT SEXUAL EXPLOITATION/WOMEN AND MINORS.

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View NCGA Bill Details(link is external)2025-2026 Session
House Bill 805 (Public) Filed Monday, April 7, 2025
AN ACT TO OFFICIALLY RECOGNIZE TWO SEXES IN NORTH CAROLINA, TO PREVENT THE SEXUAL EXPLOITATION OF WOMEN AND MINORS, TO LIMIT THE USE OF STATE FUNDING, TO MODIFY THE LAW RELATED TO BIRTH CERTIFICATES, TO MODIFY THE LAW RELATED TO CIVIL REMEDIES FOR GENDER TRANSITION PROCEDURES ON NON-MINORS, TO ALLOW STUDENTS WITH RELIGIOUS OBJECTIONS TO BE EXCUSED FROM CERTAIN CLASSROOM DISCUSSIONS OR ACTIVITIES, AND TO ALLOW PARENT ACCESS TO LIBRARY BOOKS.
Intro. by N. Jackson, Budd, Stevens, Balkcom.
Status: Placed On Cal For 06/23/2025 (Senate action) (Jun 19 2025)

SOG comments (1):

Long title change

Submitted by jhenders@sog.unc.edu on

Committee substitute to the 2nd edition changed the long title. Previous long title was AN ACT TO PREVENT THE SEXUAL EXPLOITATION OF WOMEN AND MINORS.

Bill History:

H 805

Bill Summaries:

  • Bill H 805 (2025-2026)
    Summary date: Jun 18 2025 - View Summary

    Senate committee substitute to the 2nd edition makes the following changes.  Makes conforming changes to the act’s long title and effective date.  Makes organizational changes.

    Section 2 (was, Section 1).

    Modifies the definition of online entity operator so that it now means a provider for an online entity that qualifies as a sexually oriented business or which is subject to GS 66-501 because it publishes or distributes material on a website that contains a substantial portion of material harmful to minors (was, just provider for online entity).

    Adds the following new content.

    Adds whereas clauses.

    Section 1.

    Enacts GS 12-3.3 (official recognition of two sexes in all administrative rules, regulations, or public policies adopted by the State or its political subdivisions) defining ten terms that must apply to all administrative rules, regulations, or public policies adopted by the State of North Carolina or its political subdivisions, including biological sex, male, and female. Effective January 1, 2026.

    Section 3.

    Expands GS 143C-6-5.6’s bar on the use of State funds for gender transition procedures to apply to the performance of or in furtherance of surgical gender transition procedures, or providing puberty-blocking drugs or cross-sex hormones to any prisoner incarcerated in the State prison system or the Statewide Misdemeanor Confinement Program or otherwise in the custody of the Department of Adult Correction, as specified or to support the administration of any governmental health plan or insurance policy offering these services. Clarifies that the statute does not prevent State funds from being used to address medical complications resulting in imminent physical harm, including the treatment of any infection, injury, disease, or disorder that has been caused by or exacerbated by a previously performed or privately funded gender transition procedure. Specifies that the above does not apply to the State Health Plan for Teachers and State Employees. Directs that GS 143C-6-5.6(c) (preventing the act’s bar on State funds to provide the described gender transition procedures and medications to minors and the prisoners described above from applying to the State Health Plan) expires 30 days after the Memorandum and Order, dated June 10, 2022, or the permanent injunction ordered in Kadel v. Folwell, 1:19CV272 is vacated, overturned, or is no longer in force. Directs the State Health Plan to notify the Revisor of Statutes if the order or injunction is vacated, overturned, or no longer in force.

    Enacts Article 1O to GS Chapter 90, entitled Gender Transition Procedures on Non-Minors. Enacts GS 90-21.175 providing that unless an action is brought pursuant to GS 90-21.154, that a cause of action for malpractice under GS 1-15 arising out of the performance of or failure to perform services while in the course of facilitating or perpetuating gender transition must be commenced within 10 years from the time of discovery by the injured party of both the injury and the causal relationship between the treatment and the injury against the offending medical professional or entity. Prevents a medical professional or entity from seeking a waiver of liability. Exempts claims under GS 90-21.175 from the caps on noneconomic damages in GS 90-21.9. Applies to causes of action accruing before, on, or after the act becomes law. Revives any cause of action arising out of the performance of or failure to perform services while in the course of facilitating or perpetuating gender transition otherwise time-barred whether or not such cause of action has been asserted in a pending civil action or appeal.

    Expands the powers and duties of local boards of education under GS 115C-47 to include (1) adopting a policy allowing a student or the student's parent or guardian to request that the student be excused from specific classroom discussions, activities, or assigned readings that the student, parent, or guardian believes would (i) impose a substantial burden on the student's religious beliefs or (ii) invade the student's privacy by calling attention to the student's religion and (2) to adopt policies related to library books consistent with new GS 115C-98.1, discussed below.

    Enacts GS 115C-98.1 requiring local boards of education to adopt the following policies concerning library books (defined): (1) that provide ongoing public access through a searchable web-based catalog to the titles of any library books available at each school within the local school  administrative unit, including displaying the catalog on its website and (2) that allow a parent or guardian of a student to identify any library books that may not be borrowed by the student.  Applies beginning with the 2025-2026 school year.

    Section 4.

    Requires the State Registrar to attach the new certificate to the certificate of birth then on file and to preserve both certificates as a multi-page document when the sex of a person is changed on an amended or new birth certificate issued under GS 130A-118. Provides for attachment of the new certificate by the register of deeds as described. Requires the State Registrar to adopt rules and policies to implement these changes.

    Section 4.1.

    Contains severability clause.

    Courts/Judiciary, Civil, Civil Law, Criminal Justice, Criminal Law and Procedure, Education, Elementary and Secondary Education, Government, APA/Rule Making, State Agencies, Department of Adult Correction, Department of Justice, State Board of Education, State Government, State Personnel, Health and Human Services, Social Services, Child Welfare
    GS 12, GS 66, GS 90, GS 115C, GS 130A, GS 143C
  • Bill H 805 (2025-2026)
    Summary date: May 6 2025 - View Summary

    House committee substitute to the 1st edition makes the following changes. Modifies the term eligible person under the definitions provision of new Article 51A, the Prevent Sexual Exploitation of Women and Minors Act,” so that it (1) is no longer limited to a pornographic image published to an online entity and (2) does not include a law enforcement officer acting pursuant to a valid court order. Includes tattoos as an identifying marking of an individual under the term intimate visual depiction. Removes term news gathering organization.

    Removes provisions requiring the Attorney General to create or approve a consent form under GS 66-506 so that the online entity operator just needs to obtain written consent as directed by the statute. Extends standing under GS 66-507 to law enforcement officers acting pursuant to a valid court order for requests to an online operator to remove a pornographic image being hosted with the consent of the individual depicted in the pornographic image. Removes provisions in GS 66-509 (enforcement) creating a Class A1 misdemeanor for violations of the act. Removes provisions providing a private right of action for violations of GS 66-507(d) with respect to a pornographic image (requests for removal by third parties who are not eligible persons). Specifies, in the private right of action for violations of the article, that the $10,000 daily damages for which a pornographic image remains online in violation of new Article 51A should be calculated on a per day and per image basis. Require a prevailing eligible person to be awarded attorneys' fees.

    Makes clarifying, technical, and conforming changes, including to act’s effective date.

    Courts/Judiciary, Criminal Justice, Criminal Law and Procedure, Government, State Agencies, Department of Justice
    GS 66
  • Bill H 805 (2025-2026)
    Summary date: Apr 7 2025 - View Summary

    Enacts Article 51A, titled the “Prevent Sexual Exploitation of Women and Minors Act,” to GS Chapter 66, as follows. Defines fourteen terms including online entity (an individual or group of individuals working together or an entity as defined in GS 66-500, concerning commercial publication and distribution of material harmful to minors), online entity operator (a provider for an online entity), pornographic image (a visual depiction of actual or feigned sexual activity or an intimate visual depiction), and eligible person (with respect to a pornographic image published to an online entity, includes (1) an individual depicted in the pornographic image who has not provided consent, or who has withdrawn consent in compliance with the laws applicable to the jurisdiction, for the distribution of the pornographic image; (2) an authorized representative; or (3) a law enforcement officer acting pursuant to a valid court order).  

    Prevents an online entity operator from acting to publish or allow a user to publish a pornographic image to the online entity unless the operator has verified that each individual appearing in the pornographic image: (1) was not less than 18 years of age when the image was created; (2) has provided explicit written evidence of consent for each act of sexual activity in which the individual engaged during the creation of the pornographic image; and (3) has provided explicit written consent for the distribution of the specific pornographic image. Clarifies that a consent to the sexual act does not constitute consent to the distribution of the pornographic image. Provides for the evidence of consent to be obtained through a form prepared by the Office of the Attorney General (AG), as described. Requires the online entity operator to produce at least one form of valid identification for each individual appearing in the pornographic image as described. Tasks the AG with adopting rules to implement the Article.

    Requires an online entity operator to establish a procedure for removing a pornographic image from the online entity in GS 66-507 at the request of a person and to designate one or more employees of the operator to be responsible for handling requests for removal of pornographic images. Requires that the online entity post prominent notice on its website on how to request removal of pornographic images. Requires the operator to remove the pornographic image as quickly as possible, but in any event not later than 72 hours after receiving the request if made by an eligible person. Establishes review procedures if the request is received by a person other than an eligible person. Directs the online entity to temporarily remove the image if a question arises as to the consent of a performer. Requires the online operator to block the pornographic image, and any altered or edited version of the pornographic image, from being distributed on or published to the online entity again. Bars a user of an online entity from distributing or publishing a pornographic image of an individual to the online entity without the consent of the individual in GS 66-508.

    Provides for enforcement of the Article by civil penalties on a per day and per image basis in GS 66-509. Designates violations of the Article a Class 1 misdemeanor. Caps penalties brought by the AG at $10,000 for each day the image remains on the online entity. Allows for a civil action brought by an eligible person harmed by the online image with damages in the greater of (1) $10,000 for each day during which an online image remains on the online entity calculated on a per day and per image basis or (2) actual damages. Provides for attorneys’ fees for a prevailing eligible person. Allows for civil penalties capped at $10,000 for each day that an online entity’s failure to provide the required notice, discussed above. Allows for civil penalties capped at $5,000 for each day that an online entity fails to remove a pornographic image upon request by an eligible person. If an online entity fails to undergo the specified review procedures upon request for removal of a pornographic image from a person other than an eligible person, then allows for an eligible person to bring a civil action against the online entity operator in the appropriate district court of the United States for damages in the greater of (1) $10,000 for each day during which an online image remains on the online entity calculated on a per day and per image basis or (2) actual damages. Excludes an online entity operator from liability under the Article if they reasonably relied upon verification materials, so long as the operator removes the pornographic materials not later than 24 hours after receiving notice that the verification materials violate the Article.

    If an online entity operator violates this Article with respect to a pornographic image, allows any eligible person to bring a civil action against the online entity operator for damages in an amount equal to the greater of (1) $10,000 for each day during which the pornographic image remains on the online entity in violation of this Article or (2) actual damages. If a user of an online entity violates this Article with respect to a pornographic image, authorizes any eligible person to bring a civil action against the user for damages in an amount equal to the greater of (1) $10,000 for each day during which the pornographic image remains on the online entity in violation of this Article, calculated on a per day and per image basis or (2) actual damages.

    Contains severability clause.

    Effective December 1, 2025, and applies to acts or omissions occurring before, on, or after that date; except that prosecutions under GS 66-510 (appears to intend GS 66-509), as enacted by the act, may be brought only for acts or omissions occurring on or after that date.

    Courts/Judiciary, Criminal Justice, Criminal Law and Procedure, Government, State Agencies, Department of Justice
    GS 66
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