North Carolina 2025 2025-2026 Regular Session

North Carolina House Bill H83 Introduced / Bill

Filed 02/10/2025

                    GENERAL ASSEMBLY OF NORTH CAROLINA 
SESSION 2025 
H 	D 
HOUSE BILL DRH40004-ML-34  
 
 
 
Short Title: Revise Laws Governing Minors. 	(Public) 
Sponsors: Representative Torbett. 
Referred to:  
 
*DRH40004 -ML-34* 
A BILL TO BE ENTITLED 1 
AN ACT TO INCREASE THE PUNISHMENT FOR COMMITTING THE OFFENSE OF 2 
DISSEMINATING HARMFUL MATERIAL TO MINORS OR EXHIBITING HARMFUL 3 
PERFORMANCES TO MINORS ; TO ESTABLISH THE OFFENSE OF HABITUAL 4 
INDECENT EXPOSURE; TO ADD THE OFFENSES OF DISSEMINATING HARMFUL 5 
MATERIAL TO MINORS AND EXHIBITING HARMFUL PERFORMANCES TO 6 
MINORS TO THE LIST OF CRIMINAL CONVICTIONS THAT MAY REQUIRE 7 
REGISTRATION UNDER THE SEX OFFENDER AND PUBLIC PROTECTION 8 
REGISTRATION PROGRAM ; AND TO PROHIBIT TRANSPORTATION NETWORK 9 
COMPANIES FROM PROVIDING SERVICE TO UNEMANCIPATED MINORS 10 
WITHOUT FIRST OBTAINING CONSENT FROM THE MINOR 'S PARENT OR LEGAL 11 
GUARDIAN. 12 
The General Assembly of North Carolina enacts: 13 
 14 
PART I. INCREASE PUNISHMENT FOR COMMITTING THE OFFENSES OF 15 
DISSEMINATING HARMFUL MATERIAL TO MINORS AND EXHIBITING 16 
HARMFUL PERFORMANCES TO MINORS ; ESTABLISH THE OFFENSE OF 17 
HABITUAL INDECENT EXPOSURE; AND ALLOW THE COURT TO CONSIDER 18 
WHETHER AN INDIVIDUAL WHO COMMITS THE OFFENSES 	OF 19 
DISSEMINATING HARMFUL MATERIAL TO MINORS OR EXHIBITING 20 
HARMFUL PERFORMANCES TO MINORS SHOULD REGISTER UNDER THE SEX 21 
OFFENDER AND PUBLIC PROTECTION REGISTRATION PROGRAM 22 
SECTION 1.1. G.S. 14-190.7 reads as rewritten: 23 
"§ 14-190.7.  Dissemination to minors under the age of 16 years. 24 
(a) Offense and Punishment. – Every person 18 years of age or older who knowingly 25 
disseminates to any minor under the age of 16 years any material which he the person knows or 26 
reasonably should know to be obscene within the meaning of G.S. 14-190.1 shall be is guilty of 27 
a Class H G felony. 28 
(b) Registration. – When a person is convicted of a violation of this section, the 29 
sentencing court shall consider whether the person is a danger to the community and whether 30 
requiring the person to register as a sex offender pursuant to Article 27A of this Chapter would 31 
further the purposes of that Article as stated in G.S. 14-208.5. If the sentencing court rules that 32 
the person is a danger to the community and that the person shall register, then an order shall be 33 
entered requiring the person to register." 34 
SECTION 1.2. G.S. 14-190.8 reads as rewritten: 35 
"§ 14-190.8.  Dissemination to minors under the age of 13 years. 36 
H.B. 83
Feb 10, 2025
HOUSE PRINCIPAL CLERK General Assembly Of North Carolina 	Session 2025 
Page 2  	DRH40004-ML-34 
(a) Offense and Punishment. – Every person 18 years of age or older who knowingly 1 
disseminates to any minor under the age of 13 years any material which he the person knows or 2 
reasonably should know to be obscene within the meaning of G.S. 14-190.1 shall be punished as 3 
is guilty of a Class G felon.F felony. 4 
(b) Registration. – When a person is convicted of a violation of this section, the 5 
sentencing court shall consider whether the person is a danger to the community and whether 6 
requiring the person to register as a sex offender pursuant to Article 27A of this Chapter would 7 
further the purposes of that Article as stated in G.S. 14-208.5. If the sentencing court rules that 8 
the person is a danger to the community and that the person shall register, then an order shall be 9 
entered requiring the person to register." 10 
SECTION 1.3. G.S. 14-190.15 reads as rewritten: 11 
"§ 14-190.15.  Disseminating harmful material to minors; exhibiting harmful performances 12 
to minors. 13 
(a) Disseminating Harmful Material. – A person commits the offense of disseminating 14 
harmful material to minors if, with or without consideration and knowing the character or content 15 
of the material, he:the person does either of the following: 16 
(1) Sells, furnishes, presents, or distributes to a minor material that is harmful to 17 
minors; orminors. 18 
(2) Allows a minor to review or peruse material that is harmful to minors. 19 
(b) Exhibiting Harmful Performance. – A person commits the offense of exhibiting a 20 
harmful performance to a minor if, with or without consideration and knowing the character or 21 
content of the performance, he the person allows a minor to view a live performance that is 22 
harmful to minors. 23 
… 24 
(d) Punishment. – Violation of this section is a Class 1 misdemeanor.H felony. 25 
(e) Registration. – When a person is convicted of a violation of this section, the 26 
sentencing court shall consider whether the person is a danger to the community and whether 27 
requiring the person to register as a sex offender pursuant to Article 27A of this Chapter would 28 
further the purposes of that Article as stated in G.S. 14-208.5. If the sentencing court rules that 29 
the person is a danger to the community and that the person shall register, then an order shall be 30 
entered requiring the person to register." 31 
SECTION 1.4. G.S. 14-190.9 reads as rewritten: 32 
"§ 14-190.9.  Indecent exposure. 33 
(a) Unless the conduct is punishable under subsection (a1) of this section, by another law 34 
providing greater punishment, any person who shall willfully expose the private parts of his or 35 
her person in any public place and in the presence of any other person or persons, except for 36 
those places designated for a public purpose where the same sex exposure is incidental to a 37 
permitted activity, or aids or abets in any such act, or who procures another to perform such act; 38 
or any person, who as owner, manager, lessee, director, promoter or agent, or in any other 39 
capacity knowingly hires, leases or permits the land, building, or premises of which he the person 40 
is owner, lessee or tenant, or over which he the person has control, to be used for purposes of any 41 
such act, shall be is guilty of a Class 2 misdemeanor. 42 
(a1) Unless the conduct is prohibited punishable by another law providing greater 43 
punishment, any person at least 18 years of age who shall willfully expose the private parts of 44 
his or her person in any public place in the presence of a minor as defined in G.S. 14-190.13 for 45 
the purpose of arousing or gratifying sexual desire shall be is guilty of a Class H felony. An 46 
offense committed under this subsection shall not be considered to be a lesser included offense 47 
under G.S. 14-202.1. 48 
(a2) Unless the conduct is prohibited punishable by another law providing greater 49 
punishment, any person who shall willfully expose the private parts of his or her person in the 50 
presence of anyone other than a consenting adult on the private premises of another or so near 51  General Assembly Of North Carolina 	Session 2025 
DRH40004-ML-34  	Page 3 
thereto as to be seen from such private premises for the purpose of arousing or gratifying sexual 1 
desire is guilty of a Class 2 misdemeanor. 2 
(a4) Unless the conduct is punishable by another law providing greater punishment, any 3 
person at least 18 years of age who shall willfully expose the private parts of his or her person in 4 
a private residence of which they are not a resident and in the presence of a minor as defined in 5 
G.S. 14-190.13 who is a resident of that private residence shall be is guilty of a Class 2 6 
misdemeanor. 7 
(a5) Unless the conduct is prohibited punishable by another law providing greater 8 
punishment, any person located in a private place who shall willfully expose the private parts of 9 
his or her person with the knowing intent to be seen by a person in a public place shall be is guilty 10 
of a Class 2 misdemeanor. 11 
(a6) Unless the conduct is punishable by another law providing greater punishment, any 12 
person who violates this section, and has two or more prior convictions under this section, 13 
commits the offense of habitual indecent exposure and is guilty of a Class H felony. 14 
…." 15 
SECTION 1.5. G.S. 14-208.6(4) is amended by adding two new sub-subdivisions to 16 
read: 17 
"g. A final conviction for a violation of G.S. 14-190.7, 14-190.8, or 18 
14-190.15, only if the court sentencing the individual issues an order 19 
pursuant to the applicable provision of G.S. 14-190.7, 14-190.8, or 20 
14-190.15, requiring the individual to register. 21 
h. A final conviction for a violation of G.S. 14-190.9(a6)." 22 
 23 
PART II. PROHIBIT TRANSPORTATION NETWORK COMPANIES FROM 24 
PROVIDING SERVICE TO UNEMANCIPATED MINORS WITHOUT FIRST 25 
OBTAINING CONSENT FROM THE MINOR 'S PARENT OR LEGAL GUARDIAN 26 
SECTION 2.1. G.S. 20-280.5 reads as rewritten: 27 
"§ 20-280.5.  Safety requirements. 28 
… 29 
(a1) A TNC driver shall not accept a ride request from an unemancipated minor without 30 
first obtaining consent from that minor child's parent or legal guardian. The transportation 31 
network company shall ensure that the company's online-enabled application or platform 32 
provides a reliable method for confirming a parent's or guardian's consent. For purposes of this 33 
subsection, the term "unemancipated minor" is as defined in G.S. 90-21.6. 34 
…." 35 
SECTION 2.2. Article 52 of Chapter 14 of the General Statutes is amended by 36 
adding a new section to read: 37 
"§ 14-401.28.  Failure to confirm parental consent prior to providing TNC service to an 38 
unemancipated minor. 39 
It shall be unlawful for a TNC driver to provide TNC service, as those terms are defined in 40 
G.S. 20-280.1, to an unemancipated minor, as that term is defined in G.S. 90-21.6, without first 41 
obtaining consent from that minor child's parent or legal guardian, as required by 42 
G.S. 20-280.5(a1). A violation of this section shall be an infraction and shall be punishable by a 43 
fine of two hundred fifty dollars ($250.00)." 44 
 45 
PART III. SAVINGS CLAUSE AND EFFECTIVE DATE 46 
SECTION 3.1. Prosecutions for offenses committed before the effective date of this 47 
act are not abated or affected by this act, and the statutes that would be applicable but for this act 48 
remain applicable to those prosecutions. 49  General Assembly Of North Carolina 	Session 2025 
Page 4  	DRH40004-ML-34 
SECTION 3.2. Section 2.1 of this act becomes effective December 1, 2025, and 1 
applies to ride requests received on or after that date. The remainder of this act becomes effective 2 
December 1, 2025, and applies to offenses committed on or after that date. 3