A BILL TO BE ENTITLED
AN ACT to protect children from sexual abuse by improving prosecutorial options for delayed reports of child abuse, to expand the duty to report child abuse, and to protect children from online predators.
The General Assembly of North Carolina enacts:

part i. title
SECTION 1.  This act shall be known and may be cited as "The Sexual Assault Fast Reporting and Enforcement (Safe Child) Act of 2019."

part ii. expand duty to report crimes against juveniles
SECTION 2.(a)  Article 39 of Chapter 14 of the General Statutes is amended by adding a new section to read:
"§ 14‑318.6.  Failure to report crimes against juveniles; penalty.
(a)	Definitions. – As used in this section, the following definitions apply:
(1)	Crime of abuse. – Any of the following misdemeanor offenses committed against a victim who had not reached age 18:
a.	G.S. 7B‑301.
b.	G.S. 14‑27.33.
c.	G.S. 14‑33(c)(3).
d.	G.S. 14‑202.2.
e.	G.S. 14‑318.2.
f.	Any attempt, solicitation, or conspiracy to commit any of the offenses listed in this subsection.
(2)	Juvenile. – As defined in G.S. 7B‑101.
(b)	Requirement. – A person or institution who suspects that a juvenile has been the victim of a felony or a crime of abuse shall immediately report the case of that juvenile to the appropriate local law enforcement agency in the county where the juvenile resides or is found. The report may be made orally or by telephone. The report shall include information as is known to the person making it, including the name and address of the juvenile; the name and address of the juvenile's parent, guardian, custodian, or caretaker; the age of the juvenile; the names and ages of other juveniles present or in danger; the present whereabouts of the juvenile if not at the home address; the nature and extent of any injury or condition resulting from the abuse; and any other information which the person making the report believes might be helpful in establishing the need for law enforcement involvement. The person making the report shall give the person's name, address, and telephone number.
(c)	Penalty. – Any person or institution who knew or should have known that a juvenile was the victim of a felony or a crime of abuse, and knowingly or wantonly fails to report as required by subsection (b) of this section, or who knowingly or wantonly prevents another person from reporting as required by subsection (b) of this section, is guilty of a Class 1 misdemeanor.
(d)	Construction. – Nothing in this section shall be construed as relieving a person subject to the requirement set forth in subsection (b) of this section from any other duty to report required by law.
(e)	Protection. – The identity of a person making a report pursuant to this section must be protected and only revealed as provided in G. S. 132‑1.4(c)(4)."
SECTION 2.(b)  This section becomes effective December 1, 2019, and applies to offenses committed on or after that date.

part iii. expanding the statute of limitations for misdemeanor crimes involving abuse against children
SECTION 3.(a)  G.S. 15‑1 reads as rewritten:
"§ 15‑1.  Statute of limitations for misdemeanors.
The crimes of deceit and malicious mischief, and the crime of petit larceny where the value of the property does not exceed five dollars ($5.00), and all misdemeanors except any crime of abuse as defined in G.S. 14‑318.6 and malicious misdemeanors, shall be charged within two years after the commission of the same, and not afterwards: Provided, that if any pleading shall be defective, so that no judgment can be given thereon, another prosecution may be instituted for the same offense, within one year after the first shall have been abandoned by the State. Crimes of abuse shall be charged within 10 years of the commission of the crime."
SECTION 3.(b)  This section becomes effective December 1, 2019, and applies to offenses committed on or after that date.

part iv. protecting children online from high‑risk sex offenders
SECTION 4.(a)  G.S. 14‑202.5 reads as rewritten:
"§ 14‑202.5.  Ban online conduct by high‑risk sex offenders that endangers children.
(a)	Offense. – It is unlawful for a high‑risk sex offender to do any of the following online:
(1)	To communicate with a person that the offender believes is under 16 years of age.
(2)	To contact a person that the offender believes is under 16 years of age.
(3)	To pose falsely as a person under 16 years of age.
(4)	To use a Web site to gather information about a person that the offender believes is under 16 years of age.
(5)	To use a commercial social networking Web site in violation of a policy posted in a manner reasonably likely to come to the attention of users, prohibiting convicted sex offenders from using the site.
(b)	Definition of Commercial Social Networking Web Site. – For the purposes of this section, a "commercial social networking Web site" includes any Web site, application, portal, or other means of accessing the Internet that meets all of the following requirements:
(1)	Is operated by a person who derives revenue from membership fees, advertising, or other sources related to the operation of the Web site.
	
(3)	Allows users to create personal Web pages or profiles that contain the user's name or nickname, photographs of the user, and other personal information.
(4)	Provides users or visitors a mechanism to communicate with others, such as a message board, chat room, or instant messenger.
(c)	Exclusions from Commercial Social Networking Web Site Definition. – A commercial social networking Web site does not include a Web site that meets either of the following requirements:
	
(2)	Has as its primary purpose the facilitation of commercial transactions, the dissemination of news, the discussion of political or social issues, or professional networking.
(3)	Is a Web site owned or operated by a local, State, or federal governmental entity.
(c1)	Definition of High‑Risk Sex Offender. – For purposes of this section, the term "high‑risk sex offender" means any person registered in accordance with Article 27A of Chapter 14 of the General Statutes that meets any of the following requirements:
(1)	Was found by a court to have been convicted of an aggravated offense, as that term is defined in G.S. 14‑208.6, against a person under 18 years of age.
(2)	Was found by a court to be a recidivist, as that term is defined in G.S. 14‑208.6, whose status as a recidivist was based on an offense against a person under 18 years of age.
(3)	Was convicted of an offense against a minor, as that term is defined in G.S. 14‑208.6.
(4)	Was convicted of a sexually violent offense, as that term is defined in G.S. 14‑208.6, against a person under 18 years of age.
(5)	Was found by a court to be a sexually violent predator, as that term is defined in G.S. 14‑208.6, based on a conviction of a sexually violent offense committed against a minor.
(d)	Jurisdiction. – The offense is committed in the State for purposes of determining jurisdiction, if the transmission that constitutes the offense either originates in the State or is received in the State.
(e)	Punishment. – A violation of this section is a Class H felony.
(f)	Severability. – If any provision of this section or its application is held invalid, the invalidity does not affect other provisions or applications of this section that can be given effect without the invalid provisions or application, and, to this end, the provisions of this section are severable."
SECTION 4.(b)  G.S. 14‑202.5A reads as rewritten:
"§ 14‑202.5A.  Liability of commercial social networking sites.
(a)	A commercial social networking site, as defined in G.S. 14‑202.5, that complies with G.S. 14‑208.15A or makes other reasonable efforts to prevent a high‑risk sex offender, as defined in G.S. 14‑202.5, from using its Web site to endanger children shall not be held civilly liable for damages arising out of the sex offender's communications on the social networking site's system or network.
	"
SECTION 4.(c)  G.S. 14‑208.7(b) reads as rewritten:
"(b)	The Department of Public Safety shall provide each sheriff with forms for registering persons as required by this Article. The registration form shall require all of the following:
…
(8)	For a high‑risk sex offender, as defined in G.S. 14‑202.5, all Internet protocol (IP) addresses in the person's residence, registered in the person's name, accessible at the person's place of employment, or otherwise under the person's control or custody."
SECTION 4.(d)  G.S. 14‑208.11(a) reads as rewritten:
"(a)	A person required by this Article to register who willfully does any of the following is guilty of a Class F felony:
…
(11)	Fails to provide the registering sheriff with the information, or any changes to the information, required under G.S. 14‑208.7(b)(8)."
SECTION 4.(e)  G.S. 14‑208.9 reads as rewritten:
"§ 14‑208.9.  Change of address; change of academic status or educational employment status; change of online identifier; change of name.
…
(g)	If a high‑risk sex offender that is required to register an Internet protocol (IP) address as provided in G.S. 14‑208.7(b)(8) obtains or is assigned a new Internet protocol (IP) address, then the high‑risk offender shall, within 3 business days, report in person to the sheriff of the county with whom the person registered and provide written notice of the person's new or changed Internet protocol (IP) address. The sheriff shall immediately forward this information to the Department of Public Safety."
SECTION 4.(f)  Subsections (c) and (e) of this section become effective December 1, 2019, and apply to persons whose initial registration under Article 27A of Chapter 14 of the General Statutes occurs on or after that date, and to persons who are registered under Article 27A of Chapter 14 of the General Statutes prior to that date and continue to be registered on or after that date. However, any person registered under Article 27A of Chapter 14 of the General Statutes prior to December 1, 2019, and continuing to be registered on or after December 1, 2019, shall not be in violation of the requirements set forth in G.S. 14‑208.7(b)(8) or G.S. 14‑208.11(a)(11) if the person provides the required information at the first verification of information required under G.S. 14‑208.9A that occurs on or after December 1, 2019. Subsections (a) and (d) of this section become effective December 1, 2019, and apply to offenses committed on or after that date. The remainder of this section becomes effective December 1, 2019.

part v. severability clause/savings clause/effective date
SECTION 5.(a)  If any provision of this act or its application is held invalid, the invalidity does not affect other provisions or applications of this act that can be given effect without the invalid provisions or application, and, to this end, the provisions of this act are severable.
SECTION 5.(b)  Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions.
SECTION 5.(c)  Except as otherwise provided, this act is effective when it becomes law.