North Carolina 2025-2026 Regular Session

North Carolina House Bill H449 Latest Draft

Bill / Amended Version Filed 03/20/2025

                            GENERAL ASSEMBLY OF NORTH CAROLINA 
SESSION 2025 
H 	1 
HOUSE BILL 449 
 
 
Short Title: Crimes Against Minors/Revise Law. 	(Public) 
Sponsors: Representatives Balkcom, Pyrtle, Stevens, and Miller (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 
March 20, 2025 
*H449 -v-1* 
A BILL TO BE ENTITLED 1 
AN ACT TO INCREASE T HE PUNISHMENT FOR CO MMITTING THE OFFENSE OF 2 
SOLICITATION OF MINORS BY COMPUTER; TO REQUIRE CERTAIN PETITIONS 3 
PERTAINING TO SEX OFFENDER REGISTRATION BE PLACED ON THE CRIMINAL 4 
DOCKET; AND TO ESTAB LISH THE OFFENSES OF HABITUAL INDECENT 5 
EXPOSURE AND AGGRAVA TED HABITUAL INDECENT EXPOSURE. 6 
The General Assembly of North Carolina enacts: 7 
 8 
INCREASE THE PUNISHMENT FOR COMMITTING THE OFFENSE OF 9 
SOLICITATION OF MINORS BY COMPUTER 10 
SECTION 1.(a) G.S. 14-202.3(c) reads as rewritten: 11 
"(c) Punishment. – A violation of this section is punishable as follows: 12 
(1) A Except as otherwise provided in subdivision (2) of this subsection, a first 13 
violation is a Class H felony except as provided by subdivision (2) of this 14 
subsection.E felony. A second or subsequent violation of this section, or a first 15 
violation of this section committed when the defendant had a prior conviction 16 
in any federal or state court in the United States that is substantially similar to 17 
the offense set forth in this section, is a Class D felony. 18 
(2) If either the defendant, or any other person for whom the defendant was 19 
arranging the meeting in violation of this section, actually appears at the 20 
meeting location, then the violation is a Class G C felony." 21 
SECTION 1.(b) This section becomes effective December 1, 2025, and applies to 22 
offenses committed on or after that date. 23 
 24 
REQUIRE CERTAIN PETITIONS PERTAINING TO SEX OFFENDER 25 
REGISTRATION BE PLACED ON THE CRIMINAL DOCKET 26 
SECTION 2.(a) G.S. 14-208.12B(b) reads as rewritten: 27 
"(b) The petition shall be filed in the county in which the person resides using a form 28 
created by the Administrative Office of the Courts. The petition must be filed with the clerk of 29 
court within 30 days of the person's receipt of the notification of the requirement to register from 30 
the sheriff. The person filing the petition must serve a copy of the petition on the office of the 31 
district attorney and the sheriff in the county where the person resides within three days of filing 32 
the petition with the clerk of court. The clerk, upon receipt of the petition, shall place the petition 33 
on the criminal docket to be calendared by the district attorney pursuant to G.S. 7A-49.4. The 34 
petition shall be calendared at the next regularly scheduled term of superior court. At the first 35  General Assembly Of North Carolina 	Session 2025 
Page 2  House Bill 449-First Edition 
setting, the petitioner must be advised of the right to have counsel present at the hearing and to 1 
the appointment of counsel if the petitioner cannot afford to retain counsel. Appointment of 2 
counsel shall be in accordance with rules adopted by the Office of Indigent Defense Services." 3 
SECTION 2.(b) This section becomes effective December 1, 2025, and applies to 4 
petitions filed on or after that date. 5 
 6 
ESTABLISH THE OFFENSES OF HABITUAL INDECENT EXPOSURE AND 7 
AGGRAVATED HABITUAL INDECENT EXPOSURE 8 
SECTION 3.(a) G.S. 14-190.9 reads as rewritten: 9 
"§ 14-190.9.  Indecent exposure. 10 
… 11 
(a6) A person commits the offense of habitual indecent exposure if that person commits a 12 
violation of subsection (a), (a2), (a4), or (a5) of this section and has two or more prior convictions 13 
under any combination of subsection (a), (a1), (a2), (a4), or (a5) of this section. A person 14 
convicted of violating this subsection is guilty of a Class F felony. Additionally, the sentencing 15 
court shall require the person to register as a sex offender pursuant to Article 27A of this Chapter. 16 
(a7) A person commits the offense of aggravated habitual indecent exposure if that person 17 
commits a violation of subsection (a1) of this section and has two or more prior convictions under 18 
any combination of subsection (a), (a1), (a2), (a4), or (a5) of this section. A person convicted of 19 
violating this subsection is guilty of a Class E felony. Additionally, the sentencing court shall 20 
require the person to register as a sex offender pursuant to Article 27A of this Chapter. 21 
…." 22 
SECTION 3.(b) G.S. 14-208.6(4) reads as rewritten: 23 
"(4) Reportable conviction. – Any of the following: 24 
… 25 
g. A final conviction for a violation of subsection (a6) or (a7) of 26 
G.S. 14-190.9." 27 
 28 
CRIMINAL SAVINGS CLAUSE AND EFFECTIVE DATE 29 
SECTION 4.(a) Prosecutions for offenses committed before the effective date of 30 
this act are not abated or affected by this act, and the statutes that would be applicable but for 31 
this act remain applicable to those prosecutions. 32 
SECTION 4.(b) Except as otherwise provided, this act is effective when it becomes 33 
law. 34