North Carolina HB 1260: Parental Rights & Child Protection Act.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
H 1
HOUSE BILL 1260

Short Title: Parental Rights & Child Protection Act. (Public)
Sponsors: Representatives Davis; and Morris.
Referred to: Judiciary I.
April 12, 2001

A BILL TO BE ENTITLED 1
AN ACT TO PROVIDE THAT IT IS UNLAWFUL TO DISSEMINATE CERTAIN 2
MATERIALS TO A MINOR WITHOUT WRITTEN PARENTAL CONSENT 3
AND TO PROVIDE THAT CRIMINAL AND CIVIL PENALTIES MAY BE 4
IMPOSED FOR THOSE VIOLATIONS. 5
The General Assembly of North Carolina enacts: 6
SECTION 1. Chapter 14 of the General Statutes is amended by adding a 7
new Article to read: 8
"Article 26B. 9
"Parental Rights and Child Protection. 10
"§ 14-202.15. Definitions. 11
The following definitions apply in this Article: 12
(1) Material. – The term includes any type of literature, pamphlet, book, 13
magazine, audio or visual tape recording, or other information in any 14
form. 15
(2) Person. – The term includes a person, group, association, agency, 16
business, institution, governmental unit, or entity. 17
"§ 14-202.16. Unlawful dissemination of certain materials to a minor. 18
(a) It is unlawful for any person to disseminate to a minor, without first obtaining 19
the written permission of the minor's parent, any material that the person knows, or 20
reasonably should know, recommends, condones, or advocates engaging in any of the 21
following: sexual acts, unnatural sexual acts, alternate lifestyles, any other form of 22
sexual activity outside the bonds of matrimony between a lawfully married man and 23
woman, or a violation of any provision of Chapter 14 of the General Statutes. A person 24
who willfully violates this subsection is guilty of a Class I felony and is also civilly 25
liable as provided by this section. 26
(b) The parent or legal guardian of a minor may file a civil action against a 27
person who violates subsection (a) of this section. If the violation is proved by clear and 28

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2001
Page 2 House Bill 1260 - First Edition
convincing evidence, then, in addition to any other remedies in law, the parent or legal 1
guardian shall be awarded triple damages. The parent or legal guardian shall also be 2
awarded attorneys' fees and court costs. 3
(c) The parent or legal guardian of a minor, who alleges a violation of subsection 4
(a) of this section in a civil action, upon proper verification of pleadings or by affidavit, 5
sufficient to show unto the court the nature of the material and its dissemination, may 6
apply to the court for a temporary injunction to prevent further improper dissemination 7
and shall not be liable for any damages in law or equity, or any other manner, for failure 8
to prevail at trial." 9
SECTION 2. G.S. 14-190.15 reads as rewritten: 10
"§ 14-190.15. Disseminating harmful material to minors; exhibiting harmful 11
performances to minors. 12
(a) Disseminating Harmful Material. – A person commits the offense of 13
disseminating harmful material to minors if, with or without consideration and knowing 14
the character or content of the material, he: 15
(1) Sells, furnishes, presents, or distributes to a minor material that is 16
harmful to minors; or 17
(2) Allows a minor to review or peruse material that is harmful to minors. 18
(b) Exhibiting Harmful Performance. – A person commits the offense of 19
exhibiting a harmful performance to a minor if, with or without consideration and 20
knowing the character or content of the performance, he allows a minor to view a live 21
performance that is harmful to minors. 22
(c) Defenses. – Except as provided in subdivision (3), a mistake of age is not a 23
defense to a prosecution under this section. It is an affirmative defense to a prosecution 24
under this section that: 25
(1) The defendant was a parent or legal guardian of the minor. 26
(2) The defendant was a school, church, museum, public library, library 27
that provides a suitable separate section or designated area for minors 28
devoid of harmful materials to minors and makes reasonable efforts to 29
restrict from minors materials harmful to minors according to an 30
appropriate library card system, shelving system, or other means 31
designed to accommodate a wholesome learning atmosphere, 32
governmental agency, medical clinic, or hospital carrying out its 33
legitimate function; or an employee or agent of such an organization 34
acting in that capacity and carrying out a legitimate duty of his 35
employment. 36
(3) Before disseminating or exhibiting the harmful material or 37
performance, the defendant requested and received a driver's license, 38
student identification card, or other official governmental or 39
educational identification card or paper indicating that the minor to 40
whom the material or performance was disseminated or exhibited was 41
at least 18 years old, and the defendant reasonably believed the minor 42
was at least 18 years old. 43

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2001
House Bill 1260 - First Edition