North Carolina HB 83: Adults Working and Advocating for Kids' Empowerment, Inc., in Swain County/Funds.
Status: Passed 1st Reading (as of 2023-02-13)
State: North Carolina · Session: 2023 · Bill: HB 83
Subjects: APPROPRIATIONS, BUDGET & MANAGEMENT OFFICE, BUDGETING, CHILD ABUSE, CORPORATIONS, COUNTIES, CRIMES, FAMILY ISSUES, FUNDING, GRANTS, MINORS, NONPROFIT, PUBLIC, SOCIAL SERVICES, SWAIN COUNTY
Sponsors: Clampitt, Hawkins, Loftis, Moss, Prather, White
Bill Text
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2025 SESSION LAW 2026-34 HOUSE BILL 83 *H83-v-6* AN ACT TO AMEND THE OFFENSE OF DISSEMINATING OBSCENITY TO MINORS; TO ADD THE OFFENSES OF DISSEMINATING OBSCENITY TO MINORS, DISSEMINATING HARMFUL MATERIAL TO MINORS, AND EXHIBITING HARMFUL PERFORMANCES TO MINORS TO THE LIST OF CRIMINAL CONVICTIONS THAT MAY REQUIRE REGISTRATION UNDER THE SEX OFFENDER AND PUBLIC PROTECTION REGISTRATION PROGRAM; TO REQUIRE THE HUMAN TRAFFICKING COMMISSION TO CONDUCT A STUDY ON A SYSTEM FOR REPORTING SUSPECTED HUMAN TRAFFICKING; AND TO MAKE TECHNICAL CORRECTIONS. The General Assembly of North Carolina enacts: DISSEMINATION TO MINORS OF OBSCENITY AND MATERIAL HARMFUL TO MINORS SECTION 1.(a) G.S. 14-190.7 reads as rewritten: "§ 14-190.7. Dissemination to minors under the age of 16 years.minors. (a) Offense and Punishment. – Every person 18 years of age or older who is guilty of a Class H felony if the person knowingly disseminates to any minor under the age of 16 years any material which he the person knows or reasonably should know to be obscene within the meaning of G.S. 14-190.1 shall be guilty of a Class H felony.and the person is at least four years older than the minor. (b) Registration. – When a person is convicted of a violation of this section, the sentencing court shall consider whether the person is a danger to the community and whether requiring the person to register as a sex offender pursuant to Article 27A of this Chapter would further the purposes of that Article as stated in G.S. 14-208.5. If the sentencing court rules that the person is a danger to the community and that the person shall register, then an order shall be entered requiring the person to register." SECTION 1.(b) G.S. 14-190.8 reads as rewritten: "§ 14-190.8. Dissemination to minors under the age of 13 years. (a) Offense and Punishment. – Every person 18 years of age or older who knowingly disseminates to any minor under the age of 13 years any material which he the person knows or reasonably should know to be obscene within the meaning of G.S. 14-190.1 shall be punished as is guilty of a Class G felon.felony. (b) Registration. – When a person is convicted of a violation of this section, the sentencing court shall consider whether the person is a danger to the community and whether requiring the person to register as a sex offender pursuant to Article 27A of this Chapter would further the purposes of that Article as stated in G.S. 14-208.5. If the sentencing court rules that the person is a danger to the community and that the person shall register, then an order shall be entered requiring the person to register." SECTION 1.(c) G.S. 14-190.15 reads as rewritten: "§ 14-190.15. Disseminating harmful material to minors; exhibiting harmful performances to minors. Page 2 Session Law 2026-34 House Bill 83 (a) Disseminating Harmful Material. – A person commits the offense of disseminating harmful material to minors if, with or without consideration and knowing the character or content of the material, he:the person does either of the following: (1) Sells, furnishes, presents, or distributes to a minor material that is harmful to minors; orminors. (2) Allows a minor to review or peruse material that is harmful to minors. (b) Exhibiting Harmful Performance. – A person commits the offense of exhibiting a harmful performance to a minor if, with or without consideration and knowing the character or content of the performance, he the person allows a minor to view a live performance that is harmful to minors. ... (e) Registration. – When a person is convicted of a violation of this section, the sentencing court shall consider whether the person is a danger to the community and whether requiring the person to register as a sex offender pursuant to Article 27A of this Chapter would further the purposes of that Article as stated in G.S. 14-208.5. If the sentencing court rules that the person is a danger to the community and that the person shall register, then an order shall be entered requiring the person to register." SECTION 1.(d) G.S. 14-208.6(4) is amended by adding a new sub-subdivision to read: "g. A final conviction for a violation of G.S. 14-190.7, 14-190.8, or 14-190.15, only if the court sentencing the individual issues an order pursuant to the applicable provision of G.S. 14-190.7, 14-190.8, or 14-190.15, requiring the individual to register." SECTION 1.(e) Prosecutions for offenses committed before the effective date of this section are not abated or affected by this section, and the statutes that would be applicable but for this section remain applicable to those prosecutions. SECTION 1.(f) This section becomes effective December 1, 2026, and applies to offenses committed on or after that date. STUDY ON HUMAN TRAFFICKING REPORTING SECTION 2.(a) The General Assembly finds all of the following: (1) Human trafficking is a pervasive crime that often goes undetected. National statistics indicate that hundreds o
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