GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2025 H 1 HOUSE BILL 182 Short Title: Revise Laws on Domestic & Child Abuse. (Public) Sponsors: Representatives Blackwell, K. Hall, Stevens, and Schietzelt (Primary Sponsors). For a complete list of sponsors, refer to the North Carolina General Assembly web site. Referred to: Judiciary 2, if favorable, Rules, Calendar, and Operations of the House February 25, 2025 *H182 -v-1* A BILL TO BE ENTITLED 1 AN ACT TO ALLOW A JU DGE TO ISSUE A PERMA NENT NO CONTACT ORDE R 2 AGAINST A DEFENDANT CONVICTED OF CERTAIN VIOLENT OFFENSES AND 3 TO PROVIDE THAT IT IS FELONY CHILD ABUSE FOR ANY PERSON PROVIDING 4 CARE TO OR SUPERVISION OF A CHILD LESS THAN SIXTEEN YEARS OF AGE TO 5 COMMIT OR ALLOW THE COMMISSION OF A SEXUAL ACT UPON THE CHILD. 6 The General Assembly of North Carolina enacts: 7 8 PART I. ALLOWING JUD GE TO ISSUE A PERMAN ENT NO CONTACT ORDER 9 AGAINST A DEFENDANT CONVICTED OF CERTAIN VIOLENT OFFENSES 10 SECTION 1.(a) Article 81D of Chapter 15A of the General Statutes reads as 11 rewritten: 12 "Article 81D. 13 "Permanent No Contact Order Against Convicted Sex Violent Offender. 14 "§ 15A-1340.50. Permanent no contact order prohibiting future contact by convicted sex 15 violent offender with crime victim. 16 (a) The following definitions apply in this Article: 17 (1) Permanent no contact order. – A permanent injunction that prohibits any 18 contact by a defendant with the victim of the sex violent offense for which the 19 defendant is convicted. convicted, or with the victim's immediate family. The 20 duration of the injunction is the lifetime of the defendant. 21 (2) Sex offense. – Any criminal offense that requires registration under Article 22 27A of Chapter 14 of the General Statutes. 23 (3) Victim. – The person against whom the sex violent offense was committed. 24 (4) Violent offense. – Any of the following: 25 a. A criminal offense that requires registration under Article 27A of 26 Chapter 14 of the General Statutes. 27 b. A Class A through G felony that is not otherwise covered under 28 sub-subdivision a. of this subdivision. 29 c. An offense under subsection (b) of G.S. 14-32.4. 30 (b) When sentencing a defendant convicted of a sex violent offense, the judge, at the 31 request of the district attorney, shall determine whether to issue a permanent no contact order. 32 The judge shall order the defendant to show cause why a permanent no contact order shall not be 33 issued and shall hold a show cause hearing as part of the sentencing procedures for the defendant. 34 … 35 General Assembly Of North Carolina Session 2025 Page 2 House Bill 182-First Edition (e) At the conclusion of the show cause hearing the judge shall enter a finding for or 1 against the defendant. If the judge determines that reasonable grounds exist for the victim to fear 2 any future contact with the defendant, the judge shall issue the permanent no contact order. The 3 judge shall enter written findings of fact and the grounds on which the permanent no contact 4 order is issued. The no contact order shall be incorporated into the judgment imposing the 5 sentence on the defendant for the conviction of the sex violent offense. 6 …." 7 SECTION 1.(b) This section becomes effective December 1, 2025, and applies to 8 offenses committed on or after that date. 9 10 PART II. CLARIFYING CHANGES TO FELONY CH ILD ABUSE LAWS 11 SECTION 2.(a) G.S. 14-318.4 reads as rewritten: 12 "§ 14-318.4. Child abuse a felony. 13 (a) A parent or any other person providing care to or supervision of a child less than 16 14 years of age who intentionally inflicts any serious physical injury upon or to the child or who 15 intentionally commits an assault upon the child which results in any serious physical injury to 16 the child is guilty of a Class D felony, except as otherwise provided in subsection (a3) of this 17 section. 18 (a1) Any A parent or any other person providing care to or supervision of a child less than 19 16 years of age, or any other person providing care to or supervision of the child, age who 20 commits, permits, or encourages any act of prostitution with or by the child is guilty of child 21 abuse and shall be punished as a Class D felon. 22 (a2) Any A parent or legal guardian of any other person providing care to or supervision 23 of a child less than 16 years of age who commits or allows the commission of any sexual act 24 upon the child is guilty of a Class D felony. 25 (a3) A parent or any other person providing care to or supervision of a child less than 16 26 years of age who intentionally inflicts any serious bodily injury to the child or who intentionally 27 commits an assault upon the child which results in any serious bodily injury to the child, or which 28 results in permanent or protracted loss or impairment of any mental or emotional function of the 29 child, is guilty of a Class B2 felony. 30 (a4) A parent or any other person providing care to or supervision of a child less than 16 31 years of age who, for the purpose of causing fear, emotional injury, or deriving sexual 32 gratification, intentionally and routinely (i) inflicts physical injury on that child and (ii) deprives 33 that child of necessary food, clothing, shelter, or proper physical care is guilty of a Class B2 34 felony. 35 (a4)(a5) A parent or any other person providing care to or supervision of a child less than 36 16 years of age whose willful act or grossly negligent omission in the care of the child shows a 37 reckless disregard for human life is guilty of a Class E felony if the act or omission results in 38 serious bodily injury to the child. 39 (a5)(a7) A parent or any other person providing care to or supervision of a child less than 40 16 years of age whose willful act or grossly negligent omission in the care of the child shows a 41 reckless disregard for human life is guilty of a Class G felony if the act or omission results in 42 serious physical injury to the child. 43 (a6) For purposes of this section, a "grossly negligent omission" in providing care to or 44 supervision of a child includes the failure to report a child as missing to law enforcement as 45 provided in G.S. 14-318.5(b). 46 (b) The felony of child abuse is an offense additional to other civil and criminal 47 provisions and is not intended to repeal or preclude any other sanctions or remedies. 48 (c) Abandonment of an infant less than seven days of age pursuant to G.S. 14-322.3 may 49 be treated as a mitigating factor in sentencing for a conviction under this section involving that 50 infant. 51 General Assembly Of North Carolina Session 2025 House Bill 182-First Edition Page 3 (d) The following definitions apply in this section: 1 (1) Grossly negligent omission. – In the context of providing care to or 2 supervision of a child, this term includes the failure to report a child as missing 3 to law enforcement as provided in G.S. 14-318.5(b). 4 (2) Serious bodily injury. – Bodily injury that creates a substantial risk of death 5 or that causes serious permanent disfigurement, coma, a permanent or 6 protracted condition that causes extreme pain, or permanent or protracted loss 7 or impairment of the function of any bodily member or organ, or that results 8 in prolonged hospitalization. 9 (2)(3) Serious physical injury. – Physical injury that causes great pain and suffering. 10 The term includes serious mental injury." 11 SECTION 2.(b) This section becomes effective December 1, 2025, and applies to 12 offenses committed on or after that date. 13 14 PART III. SAVINGS CLAUSE & EFFECTIVE DAT E 15 SECTION 3.(a) Prosecutions for offenses committed before the effective date of 16 this act are not abated or affected by this act, and the statutes that would be applicable but for 17 this act remain applicable to those prosecutions. 18 SECTION 3.(b) Except as otherwise provided, this act is effective when it becomes 19 law. 20