North Carolina 2025 2025-2026 Regular Session

North Carolina House Bill H83 Amended / Bill

Filed 03/11/2025

                    GENERAL ASSEMBLY OF NORTH CAROLINA 
SESSION 2025 
H 	2 
HOUSE BILL 83 
Committee Substitute Favorable 3/11/25 
 
Short Title: Revise Laws Governing Minors. 	(Public) 
Sponsors:  
Referred to:  
February 11, 2025 
*H83-v-2* 
A BILL TO BE ENTITLED 1 
AN ACT TO AMEND THE OFFENSE OF DISSEMINATING OBSCENITY TO MINORS; 2 
TO ADD THE OFFENSES OF DISSEMINATING OBS CENITY TO MINORS, 3 
DISSEMINATING HARMFU L MATERIAL TO MINORS , AND EXHIBITING 4 
HARMFUL PERFORMANCES TO MINORS TO THE LI ST OF CRIMINAL 5 
CONVICTIONS THAT MAY REQUIRE REGISTRATIO N UNDER THE SEX 6 
OFFENDER AND PUBLIC PROTECTION REGISTRAT ION PROGRAM; AND TO 7 
ESTABLISH THE OFFENS ES OF HABITUAL INDEC ENT EXPOSURE AND 8 
AGGRAVATED HABITUAL INDECENT EXPOSURE AN D REQUIRE SEX 9 
OFFENDER REGISTRATION FOR THOSE OFFENSES. 10 
The General Assembly of North Carolina enacts: 11 
SECTION 1. G.S. 14-190.7 reads as rewritten: 12 
"§ 14-190.7.  Dissemination to minors under the age of 16 years.minors. 13 
(a) Offense and Punishment. – Every person 18 years of age or older who is guilty of a 14 
Class H felony if the person knowingly disseminates to any minor under the age of 16 years any 15 
material which he the person knows or reasonably should know to be obscene within the meaning 16 
of G.S. 14-190.1 shall be guilty of a Class H felony.and the person is at least four years older 17 
than the minor. 18 
(b) Registration. – When a person is convicted of a violation of this section, the 19 
sentencing court shall consider whether the person is a danger to the community and whether 20 
requiring the person to register as a sex offender pursuant to Article 27A of this Chapter would 21 
further the purposes of that Article as stated in G.S. 14-208.5. If the sentencing court rules that 22 
the person is a danger to the community and that the person shall register, then an order shall be 23 
entered requiring the person to register." 24 
SECTION 2. G.S. 14-190.8 reads as rewritten: 25 
"§ 14-190.8.  Dissemination to minors under the age of 13 years. 26 
(a) Offense and Punishment. – Every person 18 years of age or older who knowingly 27 
disseminates to any minor under the age of 13 years any material which he the person knows or 28 
reasonably should know to be obscene within the meaning of G.S. 14-190.1 shall be punished as 29 
is guilty of a Class G felon.felony. 30 
(b) Registration. – When a person is convicted of a violation of this section, the 31 
sentencing court shall consider whether the person is a danger to the community and whether 32 
requiring the person to register as a sex offender pursuant to Article 27A of this Chapter would 33 
further the purposes of that Article as stated in G.S. 14-208.5. If the sentencing court rules that 34 
the person is a danger to the community and that the person shall register, then an order shall be 35 
entered requiring the person to register." 36  General Assembly Of North Carolina 	Session 2025 
Page 2  House Bill 83-Second Edition 
SECTION 3. G.S. 14-190.15 reads as rewritten: 1 
"§ 14-190.15.  Disseminating harmful material to minors; exhibiting harmful performances 2 
to minors. 3 
(a) Disseminating Harmful Material. – A person commits the offense of disseminating 4 
harmful material to minors if, with or without consideration and knowing the character or content 5 
of the material, he:the person does either of the following: 6 
(1) Sells, furnishes, presents, or distributes to a minor material that is harmful to 7 
minors; orminors. 8 
(2) Allows a minor to review or peruse material that is harmful to minors. 9 
(b) Exhibiting Harmful Performance. – A person commits the offense of exhibiting a 10 
harmful performance to a minor if, with or without consideration and knowing the character or 11 
content of the performance, he the person allows a minor to view a live performance that is 12 
harmful to minors. 13 
… 14 
(e) Registration. – When a person is convicted of a violation of this section, the 15 
sentencing court shall consider whether the person is a danger to the community and whether 16 
requiring the person to register as a sex offender pursuant to Article 27A of this Chapter would 17 
further the purposes of that Article as stated in G.S. 14-208.5. If the sentencing court rules that 18 
the person is a danger to the community and that the person shall register, then an order shall be 19 
entered requiring the person to register." 20 
SECTION 4. G.S. 14-190.9 reads as rewritten: 21 
"§ 14-190.9.  Indecent exposure. 22 
(a) Unless the conduct is punishable under subsection (a1) of this section, prohibited by 23 
another law providing greater punishment, any person who shall willfully expose the private parts 24 
of his or her person in any public place and in the presence of any other person or persons, except 25 
for those places designated for a public purpose where the same sex exposure is incidental to a 26 
permitted activity, or aids or abets in any such act, or who procures another to perform such act; 27 
or any person, who as owner, manager, lessee, director, promoter or agent, or in any other 28 
capacity knowingly hires, leases or permits the land, building, or premises of which he the person 29 
is owner, lessee or tenant, or over which he the person has control, to be used for purposes of any 30 
such act, shall be is guilty of a Class 2 misdemeanor. 31 
(a1) Unless the conduct is prohibited by another law providing greater punishment, any 32 
person at least 18 years of age who shall willfully expose the private parts of his or her person in 33 
any public place in the presence of a minor as defined in G.S. 14-190.13 for the purpose of 34 
arousing or gratifying sexual desire shall be is guilty of a Class H felony. An offense committed 35 
under this subsection shall not be considered to be a lesser included offense under G.S. 14-202.1. 36 
(a2) Unless the conduct is prohibited by another law providing greater punishment, any 37 
person who shall willfully expose the private parts of his or her person in the presence of anyone 38 
other than a consenting adult on the private premises of another or so near thereto as to be seen 39 
from such private premises for the purpose of arousing or gratifying sexual desire is guilty of a 40 
Class 2 misdemeanor. 41 
(a4) Unless the conduct is punishable by another law providing greater punishment, any 42 
person at least 18 years of age who shall willfully expose the private parts of his or her person in 43 
a private residence of which they are not a resident and in the presence of a minor as defined in 44 
G.S. 14-190.13 who is a resident of that private residence shall be is guilty of a Class 2 45 
misdemeanor. 46 
(a5) Unless the conduct is prohibited by another law providing greater punishment, any 47 
person located in a private place who shall willfully expose the private parts of his or her person 48 
with the knowing intent to be seen by a person in a public place shall be is guilty of a Class 2 49 
misdemeanor. 50  General Assembly Of North Carolina 	Session 2025 
House Bill 83-Second Edition 	Page 3 
(a6) A person commits the offense of habitual indecent exposure if that person commits a 1 
violation of subsection (a), (a2), (a4), or (a5) of this section and has two or more prior convictions 2 
under any combination of subsection (a), (a1), (a2), (a4), or (a5) of this section. A person 3 
convicted of violating this subsection is guilty of a Class F felony. 4 
(a7) A person commits the offense of aggravated habitual indecent exposure if that person 5 
commits a violation of subsection (a1) of this section and has two or more prior convictions under 6 
any combination of subsection (a), (a1), (a2), (a4), or (a5) of this section. A person convicted of 7 
violating this subsection is guilty of a Class E felony. 8 
…." 9 
SECTION 5. G.S. 14-208.6(4) is amended by adding a new sub-subdivision to read: 10 
"g. A final conviction for a violation of G.S. 14-190.7, 14-190.8, or 11 
14-190.15, only if the court sentencing the individual issues an order 12 
pursuant to the applicable provision of G.S. 14-190.7, 14-190.8, or 13 
14-190.15, requiring the individual to register." 14 
SECTION 6. G.S. 14-208.6(5) reads as rewritten: 15 
"(5) Sexually violent offense. – A violation of former G.S. 14-27.6 (attempted rape 16 
or sexual offense), G.S. 14-27.21 (first-degree forcible rape), G.S. 14-27.22 17 
(second-degree forcible rape), G.S. 14-27.23 (statutory rape of a child by an 18 
adult), G.S. 14-27.24 (first-degree statutory rape), G.S. 14-27.25(a) (statutory 19 
rape of a person who is 15 years of age or younger and where the defendant is 20 
at least six years older), G.S. 14-27.26 (first-degree forcible sexual offense), 21 
G.S. 14-27.27 (second-degree forcible sexual offense), G.S. 14-27.28 22 
(statutory sexual offense with a child by an adult), G.S. 14-27.29 (first-degree 23 
statutory sexual offense), G.S. 14-27.30(a) (statutory sexual offense with a 24 
person who is 15 years of age or younger and where the defendant is at least 25 
six years older), G.S. 14-27.31 (sexual activity by a substitute parent or 26 
custodian), G.S. 14-27.32 (sexual activity with a student), G.S. 14-27.33 27 
(sexual battery), G.S. 14-43.11 (human trafficking) if (i) the offense is 28 
committed against a minor who is less than 18 years of age or (ii) the offense 29 
is committed against any person with the intent that they be held in sexual 30 
servitude, G.S. 14-43.13 (subjecting or maintaining a person for sexual 31 
servitude), G.S. 14-178 (incest between near relatives), G.S. 14-190.6 32 
(employing or permitting minor to assist in offenses against public morality 33 
and decency), G.S. 14-190.9(a1) (felonious indecent exposure), 34 
G.S. 14-190.9(a6) (habitual indecent exposure), G.S. 14-190.9(a7) 35 
(aggravated habitual indecent exposure), G.S. 14-190.16 (first degree sexual 36 
exploitation of a minor), G.S. 14-190.17 (second degree sexual exploitation 37 
of a minor), G.S. 14-190.17A (third degree sexual exploitation of a minor), 38 
G.S. 14-190.17C (obscene visual representation of sexual exploitation of a 39 
minor), G.S. 14-202.1 (taking indecent liberties with children), G.S. 14-202.3 40 
(Solicitation of child by computer or certain other electronic devices to 41 
commit an unlawful sex act), G.S. 14-202.4(a) (taking indecent liberties with 42 
a student), G.S. 14-205.2(c) or (d) (patronizing a prostitute who is a minor or 43 
has a mental disability), G.S. 14-205.3(b) (promoting prostitution of a minor 44 
or a person who has a mental disability), G.S. 14-318.4(a1) (parent or 45 
caretaker commit or permit act of prostitution with or by a juvenile), or 46 
G.S. 14-318.4(a2) (commission or allowing of sexual act upon a juvenile by 47 
parent or guardian). The term also includes the following: a solicitation or 48 
conspiracy to commit any of these offenses; aiding and abetting any of these 49 
offenses." 50  General Assembly Of North Carolina 	Session 2025 
Page 4  House Bill 83-Second Edition 
SECTION 7. Prosecutions for offenses committed before the effective date of this 1 
act are not abated or affected by this act, and the statutes that would be applicable but for this act 2 
remain applicable to those prosecutions. 3 
SECTION 8. This act becomes effective December 1, 2025, and applies to offenses 4 
committed on or after that date. 5