North Carolina HB 805: Pender Fine Increase.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025

SESSION LAW 2025-84
HOUSE BILL 805

*H805-v-6*
AN ACT TO OFFICIALLY RECOGNIZE TWO SEXES IN NORTH CAROLINA, TO
PREVENT THE SEXUAL EXPLOITATION OF WOMEN AND MINORS, TO LIMIT
THE USE OF STATE FUNDING, TO MODIFY THE LAW RELATED TO BIRTH
CERTIFICATES, TO MODIFY THE LAW RELATED TO CIVIL REMEDIES FOR
GENDER TRANSITION PROCEDURES ON NON-MINORS, TO ALLOW STUDENTS
WITH RELIGIOUS OBJECTIONS TO BE EXCUSED FROM CERTAIN CLASSROOM
DISCUSSIONS OR ACTIVITIES, AND TO ALLOW PARENT ACCESS TO LIBRARY
BOOKS AND TO PROVIDE FOR RESTRICTIONS ON SCHOOL SLEEPING
QUARTERS.

Whereas, on January 20, 2025, President Donald J. Trump issued Executive Order
14168, titled "Defending Women From Gender Ideology Extremism and Restoring Biological
Truth to the Federal Government," which affirms that the United States recognizes only two
sexes–male and female–as immutable and grounded in biological reality; and
Whereas, the General Assembly finds that North Carolina must provide clarity,
certainty, and uniformity to its laws by requiring that the laws and policies of the State reflect
and apply biologically grounded definitions of sex; and
Whereas, the General Assembly must ensure compliance with Executive Order 14168
and federal policy directives issued by the federal government to maintain eligibility for any and
all federal funding and program participation; Now, therefore,

The General Assembly of North Carolina enacts:

SECTION 1.(a) Chapter 12 of the General Statutes is amended by adding a new
section to read:
"§ 12-3.3. Official recognition of two sexes in all administrative rules, regulations, or public
policies adopted by the State of North Carolina or its political subdivisions.
The following definitions shall apply to all administrative rules, regulations, or public
policies adopted by the State of North Carolina or its political subdivisions, unless otherwise
specified:
(1) Biological sex. – The biological indication of male and female in the context
of reproductive potential or capacity, such as sex chromosomes, naturally
occurring sex hormones, gonads, and nonambiguous internal and external
genitalia present at birth, without regard to an individual's psychological,
chosen, or subjective experience of gender.
(2) Boy. – A minor human male.
(3) Father. – A male parent.
(4) Female. – A term that when used to refer to a natural person, means a person
belonging, at conception, to the sex characterized by a reproductive system
with the biological function of producing ova (eggs).

Page 2 Session Law 2025-84 House Bill 805
(5) Gender identity. – A term that means an individual's self-declared identity that
may not align with biological sex and, being a subjective internal sense, shall
not be treated as legally or biologically equivalent to sex.
(6) Girl. – A minor human female.
(7) Male. – A term that when used to refer to a natural person, means a person
belonging, at conception, to the sex characterized by a reproductive system
with the biological function of producing sperm.
(8) Man. – An adult human male.
(9) Mother. – A female parent.
(10) Woman. – An adult human female."
SECTION 1.(b) This section becomes effective January 1, 2026.
SECTION 2.(a) Chapter 66 of the General Statutes is amended by adding a new
Article to read:
"Article 51A.
"Prevent Sexual Exploitation of Women and Minors.
"§ 66-505. Short title; definitions.
(a) This Article shall be known and may be cited as the "Prevent Sexual Exploitation of
Women and Minors Act."
(b) The following definitions apply in this Article:
(1) Authorized representative. – With respect to an individual:
a. A person authorized in writing under State or other applicable law by
the individual to act on behalf of the individual with regard to the
matter in question; or
b. In the case of an individual under the age of 18, a parent or legal
guardian of the individual.
(2) Coerced consent. – Purported consent obtained from a person lacking the
capacity to consent or obtained from a person with capacity to consent under
any of the following circumstances:
a. Through fraud, duress, misrepresentation, undue influence, or
nondisclosure.
b. Through exploiting or leveraging the person's (i) immigration status,
(ii) pregnancy, (iii) disability, (iv) substance abuse disorder, (v)
juvenile status, or (vi) economic circumstances.
(3) Consent. – An agreement that is informed and thorough and does not include
coerced consent.
(4) Distribute. – As defined in G.S. 66-500.
(5) Eligible person. – An individual depicted in the pornographic image who has
not provided consent, or who has withdrawn consent in compliance with the
laws applicable to the jurisdiction, for the distribution of the pornographic
image, or an authorized representative of that individual.
(6) Intimate visual depiction. – Any visual depiction of an individual meeting all
of the following criteria:
a. The individual is reasonably identifiable from the visual depiction
itself or information displa