North Carolina 2025 2025-2026 Regular Session

North Carolina House Bill H83 Amended / Bill

Filed 02/11/2025

                    GENERAL ASSEMBLY OF NORTH CAROLINA 
SESSION 2025 
H 	1 
HOUSE BILL 83 
 
 
Short Title: Revise Laws Governing Minors. 	(Public) 
Sponsors: Representative Torbett. 
For a complete list of sponsors, refer to the North Carolina General Assembly web site. 
Referred to: Rules, Calendar, and Operations of the House 
February 11, 2025 
*H83-v-1* 
A BILL TO BE ENTITLED 1 
AN ACT TO INCREASE T HE PUNISHMENT FOR CO MMITTING THE OFFENSE OF 2 
DISSEMINATING HARMFU L MATERIAL TO MINORS OR EXHIBITING HARMFUL 3 
PERFORMANCES TO MINO RS; TO ESTABLISH THE OFFENSE OF HABITUAL 4 
INDECENT EXPOSURE; TO ADD THE OFFENSES OF DISSEMINATING HARMFU L 5 
MATERIAL TO MINORS A ND EXHIBITING HARMFU L PERFORMANCES TO 6 
MINORS TO THE LIST O F CRIMINAL CONVICTIO NS THAT MAY REQUIRE 7 
REGISTRATION UNDER T HE SEX OFFENDER AND PUBLIC PROTECTION 8 
REGISTRATION PROGRAM ; AND TO PROHIBIT TRANSPORTATION NETWO RK 9 
COMPANIES FROM PROVI DING SERVICE TO UNEM ANCIPATED 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 PUN ISHMENT FOR COMMITTI NG THE OFFENSES OF 15 
DISSEMINATING HARMFUL MATERIAL TO MINORS AND EXHIBITIN G 16 
HARMFUL PERFORMANCES TO MINORS; ESTABLIS H THE OFFENSE OF 17 
HABITUAL INDECENT EX POSURE; AND ALLOW TH E COURT TO CONSIDER 18 
WHETHER AN INDIVIDUA L WHO COMMITS THE OF	FENSES OF 19 
DISSEMINATING HARMFU L MATERIAL TO MINORS OR EXHIBITING 20 
HARMFUL PERFORMANCES TO MINORS SHOULD RE GISTER UNDER THE SEX 21 
OFFENDER AND PUBLIC PROTECTION REGISTRAT ION 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  General Assembly Of North Carolina 	Session 2025 
Page 2  	House Bill 83-First Edition 
"§ 14-190.8.  Dissemination to minors under the age of 13 years. 1 
(a) Offense and Punishment. – Every person 18 years of age or older who knowingly 2 
disseminates to any minor under the age of 13 years any material which he the person knows or 3 
reasonably should know to be obscene within the meaning of G.S. 14-190.1 shall be punished as 4 
is guilty of a Class G felon.F felony. 5 
(b) Registration. – When a person is convicted of a violation of this section, the 6 
sentencing court shall consider whether the person is a danger to the community and whether 7 
requiring the person to register as a sex offender pursuant to Article 27A of this Chapter would 8 
further the purposes of that Article as stated in G.S. 14-208.5. If the sentencing court rules that 9 
the person is a danger to the community and that the person shall register, then an order shall be 10 
entered requiring the person to register." 11 
SECTION 1.3. G.S. 14-190.15 reads as rewritten: 12 
"§ 14-190.15.  Disseminating harmful material to minors; exhibiting harmful performances 13 
to minors. 14 
(a) Disseminating Harmful Material. – A person commits the offense of disseminating 15 
harmful material to minors if, with or without consideration and knowing the character or content 16 
of the material, he:the person does either of the following: 17 
(1) Sells, furnishes, presents, or distributes to a minor material that is harmful to 18 
minors; orminors. 19 
(2) Allows a minor to review or peruse material that is harmful to minors. 20 
(b) Exhibiting Harmful Performance. – A person commits the offense of exhibiting a 21 
harmful performance to a minor if, with or without consideration and knowing the character or 22 
content of the performance, he the person allows a minor to view a live performance that is 23 
harmful to minors. 24 
… 25 
(d) Punishment. – Violation of this section is a Class 1 misdemeanor.H felony. 26 
(e) Registration. – When a person is convicted of a violation of this section, the 27 
sentencing court shall consider whether the person is a danger to the community and whether 28 
requiring the person to register as a sex offender pursuant to Article 27A of this Chapter would 29 
further the purposes of that Article as stated in G.S. 14-208.5. If the sentencing court rules that 30 
the person is a danger to the community and that the person shall register, then an order shall be 31 
entered requiring the person to register." 32 
SECTION 1.4. G.S. 14-190.9 reads as rewritten: 33 
"§ 14-190.9.  Indecent exposure. 34 
(a) Unless the conduct is punishable under subsection (a1) of this section, by another law 35 
providing greater punishment, any person who shall willfully expose the private parts of his or 36 
her person in any public place and in the presence of any other person or persons, except for 37 
those places designated for a public purpose where the same sex exposure is incidental to a 38 
permitted activity, or aids or abets in any such act, or who procures another to perform such act; 39 
or any person, who as owner, manager, lessee, director, promoter or agent, or in any other 40 
capacity knowingly hires, leases or permits the land, building, or premises of which he the person 41 
is owner, lessee or tenant, or over which he the person has control, to be used for purposes of any 42 
such act, shall be is guilty of a Class 2 misdemeanor. 43 
(a1) Unless the conduct is prohibited punishable by another law providing greater 44 
punishment, any person at least 18 years of age who shall willfully expose the private parts of 45 
his or her person in any public place in the presence of a minor as defined in G.S. 14-190.13 for 46 
the purpose of arousing or gratifying sexual desire shall be is guilty of a Class H felony. An 47 
offense committed under this subsection shall not be considered to be a lesser included offense 48 
under G.S. 14-202.1. 49 
(a2) Unless the conduct is prohibited punishable by another law providing greater 50 
punishment, any person who shall willfully expose the private parts of his or her person in the 51  General Assembly Of North Carolina 	Session 2025 
House Bill 83-First Edition  	Page 3 
presence of anyone other than a consenting adult on the private premises of another or so near 1 
thereto as to be seen from such private premises for the purpose of arousing or gratifying sexual 2 
desire is guilty of a Class 2 misdemeanor. 3 
(a4) Unless the conduct is punishable by another law providing greater punishment, any 4 
person at least 18 years of age who shall willfully expose the private parts of his or her person in 5 
a private residence of which they are not a resident and in the presence of a minor as defined in 6 
G.S. 14-190.13 who is a resident of that private residence shall be is guilty of a Class 2 7 
misdemeanor. 8 
(a5) Unless the conduct is prohibited punishable by another law providing greater 9 
punishment, any person located in a private place who shall willfully expose the private parts of 10 
his or her person with the knowing intent to be seen by a person in a public place shall be is guilty 11 
of a Class 2 misdemeanor. 12 
(a6) Unless the conduct is punishable by another law providing greater punishment, any 13 
person who violates this section, and has two or more prior convictions under this section, 14 
commits the offense of habitual indecent exposure and is guilty of a Class H felony. 15 
…." 16 
SECTION 1.5. G.S. 14-208.6(4) is amended by adding two new sub-subdivisions to 17 
read: 18 
"g. A final conviction for a violation of G.S. 14-190.7, 14-190.8, or 19 
14-190.15, only if the court sentencing the individual issues an order 20 
pursuant to the applicable provision of G.S. 14-190.7, 14-190.8, or 21 
14-190.15, requiring the individual to register. 22 
h. A final conviction for a violation of G.S. 14-190.9(a6)." 23 
 24 
PART II. PROHIBIT TR ANSPORTATION NETWORK COMPANIES FROM 25 
PROVIDING SERVICE TO UNEMANCIPATED MINORS WITHOUT FIRST 26 
OBTAINING CONSENT FR OM THE MINOR'S PAREN T OR LEGAL GUARDIAN 27 
SECTION 2.1. G.S. 20-280.5 reads as rewritten: 28 
"§ 20-280.5.  Safety requirements. 29 
… 30 
(a1) A TNC driver shall not accept a ride request from an unemancipated minor without 31 
first obtaining consent from that minor child's parent or legal guardian. The transportation 32 
network company shall ensure that the company's online-enabled application or platform 33 
provides a reliable method for confirming a parent's or guardian's consent. For purposes of this 34 
subsection, the term "unemancipated minor" is as defined in G.S. 90-21.6. 35 
…." 36 
SECTION 2.2. Article 52 of Chapter 14 of the General Statutes is amended by 37 
adding a new section to read: 38 
"§ 14-401.28.  Failure to confirm parental consent prior to providing TNC service to an 39 
unemancipated minor. 40 
It shall be unlawful for a TNC driver to provide TNC service, as those terms are defined in 41 
G.S. 20-280.1, to an unemancipated minor, as that term is defined in G.S. 90-21.6, without first 42 
obtaining consent from that minor child's parent or legal guardian, as required by 43 
G.S. 20-280.5(a1). A violation of this section shall be an infraction and shall be punishable by a 44 
fine of two hundred fifty dollars ($250.00)." 45 
 46 
PART III. SAVINGS CLAUSE AND E FFECTIVE DATE 47 
SECTION 3.1. Prosecutions for offenses committed before the effective date of this 48 
act are not abated or affected by this act, and the statutes that would be applicable but for this act 49 
remain applicable to those prosecutions. 50  General Assembly Of North Carolina 	Session 2025 
Page 4  	House Bill 83-First Edition 
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