GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2025

H                                                                                                                                                    1

HOUSE BILL 83

Short Title:      Revise Laws Governing Minors.		(Public)
Sponsors:	Representative Torbett. For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to:	Rules, Calendar, and Operations of the House

February 11, 2025

A BILL TO BE ENTITLED

AN ACT to increase the punishment for committing the offense of disseminating harmful material to minors or exhibiting harmful performances to minors; to establish the offense of habitual indecent exposure; to add the offenses of 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; and to prohibit transportation network companies from providing service to unemancipated minors without first obtaining consent from the minor's parent or legal guardian.

The General Assembly of North Carolina enacts:

part i. increase punishment for committing the offenses of disseminating harmful material to minors and exhibiting harmful performances to minors; establish the offense of habitual indecent exposure; and allow the court to consider whether an individual who commits the offenses of disseminating harmful material to minors or exhibiting harmful performances to minors should register under the sex offender and public protection registration program

SECTION 1.1.  G.S. 14‑190.7 reads as rewritten:

"§ 14‑190.7.  Dissemination to minors under the age of 16 years.

(a) Offense and Punishment. – Every person 18 years of age or older who 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 is guilty of a Class H G 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 1.2.  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.F 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 1.3.  G.S. 14‑190.15 reads as rewritten:

"§ 14‑190.15.  Disseminating harmful material to minors; exhibiting harmful performances to minors.

(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.

…

(d)       Punishment. – Violation of this section is a Class 1 misdemeanor.H felony.

(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 1.4.  G.S. 14‑190.9 reads as rewritten:

"§ 14‑190.9.  Indecent exposure.

(a)        Unless the conduct is punishable under subsection (a1) of this section, by another law providing greater punishment, any person who shall willfully expose the private parts of his or her person in any public place and in the presence of any other person or persons, except for those places designated for a public purpose where the same sex exposure is incidental to a permitted activity, or aids or abets in any such act, or who procures another to perform such act; or any person, who as owner, manager, lessee, director, promoter or agent, or in any other capacity knowingly hires, leases or permits the land, building, or premises of which he the person is owner, lessee or tenant, or over which he the person has control, to be used for purposes of any such act, shall be is guilty of a Class 2 misdemeanor.

(a1)      Unless the conduct is prohibited punishable by another law providing greater punishment, any person at least 18 years of age who shall willfully expose the private parts of his or her person in any public place in the presence of a minor as defined in G.S. 14‑190.13 for the purpose of arousing or gratifying sexual desire shall be is guilty of a Class H felony. An offense committed under this subsection shall not be considered to be a lesser included offense under G.S. 14‑202.1.

(a2)      Unless the conduct is prohibited punishable by another law providing greater punishment, any person who shall willfully expose the private parts of his or her person in the presence of anyone other than a consenting adult on the private premises of another or so near thereto as to be seen from such private premises for the purpose of arousing or gratifying sexual desire is guilty of a Class 2 misdemeanor.

(a4)      Unless the conduct is punishable by another law providing greater punishment, any person at least 18 years of age who shall willfully expose the private parts of his or her person in a private residence of which they are not a resident and in the presence of a minor as defined in G.S. 14‑190.13 who is a resident of that private residence shall be is guilty of a Class 2 misdemeanor.

(a5)      Unless the conduct is prohibited punishable by another law providing greater punishment, any person located in a private place who shall willfully expose the private parts of his or her person with the knowing intent to be seen by a person in a public place shall be is guilty of a Class 2 misdemeanor.

(a6) Unless the conduct is punishable by another law providing greater punishment, any person who violates this section, and has two or more prior convictions under this section, commits the offense of habitual indecent exposure and is guilty of a Class H felony.

…."

SECTION 1.5.  G.S. 14‑208.6(4) is amended by adding two new sub‑subdivisions 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.

h. A final conviction for a violation of G.S. 14‑190.9(a6)."

part ii. PROHIBIT TRANSPORTATION NETWORK COMPANIES FROM PROVIDING SERVICE TO UNEMANCIPATED MINORS WITHOUT FIRST OBTAINING CONSENT FROM THE MINOR'S PARENT OR LEGAL GUARDIAN

SECTION 2.1.  G.S. 20‑280.5 reads as rewritten:

"§ 20‑280.5.  Safety requirements.

…

(a1) A TNC driver shall not accept a ride request from an unemancipated minor without first obtaining consent from that minor child's parent or legal guardian. The transportation network company shall ensure that the company's online‑enabled application or platform provides a reliable method for confirming a parent's or guardian's consent. For purposes of this subsection, the term "unemancipated minor" is as defined in G.S. 90‑21.6.

…."

SECTION 2.2.  Article 52 of Chapter 14 of the General Statutes is amended by adding a new section to read:

"§ 14‑401.28.  Failure to confirm parental consent prior to providing TNC service to an unemancipated minor.

It shall be unlawful for a TNC driver to provide TNC service, as those terms are defined in G.S. 20‑280.1, to an unemancipated minor, as that term is defined in G.S. 90‑21.6, without first obtaining consent from that minor child's parent or legal guardian, as required by G.S. 20‑280.5(a1). A violation of this section shall be an infraction and shall be punishable by a fine of two hundred fifty dollars ($250.00)."

part iii. savings clause and effective date

SECTION 3.1.  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 3.2.  Section 2.1 of this act becomes effective December 1, 2025, and applies to ride requests received on or after that date. The remainder of this act becomes effective December 1, 2025, and applies to offenses committed on or after that date.