A BILL TO BE ENTITLED
AN ACT to provide that a retail or wholesale film processor, photo finisher, or computer technician who, in the course of work, encounters an image of a minor engaging in sexual activity must report the name of the customer requesting the development of the film or in possession of the computer to the national center for missing and exploited children and to the appropriate local law enforcement officer.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 14‑190.13 reads as rewritten:
"§ 14‑190.13.  Definitions for certain offenses concerning minors.
The following definitions apply to G.S. 14‑190.14, displaying material harmful to minors; G.S. 14‑190.15, disseminating or exhibiting to minors harmful material or performances; G.S. 14‑190.16, first degree sexual exploitation of a minor; G.S. 14‑190.17, second degree sexual exploitation of a minor; G.S. 14‑190.17A, third degree sexual exploitation of a minor; G.S. 14‑190.18, promoting prostitution of a minor; G.S. 14‑190.19, participating in prostitution of a minor, and G.S. 14‑190.25, film processor or computer technician to report film or computer images containing pictures of a minor engaging in sexual activity.
(1)	Harmful to Minors. – That quality of any material or performance that depicts sexually explicit nudity or sexual activity and that, taken as a whole, has the following characteristics:
a.	The average adult person applying contemporary community standards would find that the material or performance has a predominant tendency to appeal to a prurient interest of minors in sex; and
b.	The average adult person applying contemporary community standards would find that the depiction of sexually explicit nudity or sexual activity in the material or performance is patently offensive to prevailing standards in the adult community concerning what is suitable for minors; and
c.	The material or performance lacks serious literary, artistic, political, or scientific value for minors.
(2)	Material. – Pictures, drawings, video recordings, films or other visual depictions or representations but not material consisting entirely of written words.
(3)	Minor. – An individual who is less than 18 years old and is not married or judicially emancipated.
(4)	Prostitution. – Engaging or offering to engage in sexual activity with or for another in exchange for anything of value.
(5)	Sexual Activity. – Any of the following acts:
a.	Masturbation, whether done alone or with another human or an animal.
b.	Vaginal, anal, or oral intercourse, whether done with another human or with an animal.
c.	Touching, in an act of apparent sexual stimulation or sexual abuse, of the clothed or unclothed genitals, pubic area, or buttocks of another person or the clothed or unclothed breasts of a human female.
d.	An act or condition that depicts torture, physical restraint by being fettered or bound, or flagellation of or by a person clad in undergarments or in revealing or bizarre costume.
e.	Excretory functions; provided, however, that this sub‑subdivision shall not apply to G.S. 14‑190.17A.
f.	The insertion of any part of a person's body, other than the male sexual organ, or of any object into another person's anus or vagina, except when done as part of a recognized medical procedure.
(6)	Sexually Explicit Nudity. – The showing of:
a.	Uncovered, or less than opaquely covered, human genitals, pubic area, or buttocks, or the nipple or any portion of the areola of the human female breast, except as provided in G.S. 14‑190.9(b); or
b.	Covered human male genitals in a discernibly turgid state."
SECTION 2.  Article 26 of Chapter 14 of the General Statutes is amended by adding a new section to read:
"§ 14‑190.25.  Film processor or computer technician to report film or computer images containing pictures of a minor engaging in sexual activity.
Any retail or wholesale film processor or photo finisher who is requested to develop film and any computer technician working with a computer who views an image of a minor or a person who appears to be a minor who is engaging in sexual activity shall report the name and address of the individual requesting the development of the film, or the owner or person in possession of the computer to the Cyber Tip Line at the National Center for Missing and Exploited Children and to the appropriate law enforcement official in the county or municipality in which the image or film was submitted. Any person complying with this section in good faith shall be immune from any civil or criminal liability that might otherwise be incurred as a result of the report."
SECTION 3.  This act becomes effective December 1, 2007.