Bill Summaries: H83 (2025-2026 Session)

Tracking:
  • Summary date: Mar 11 2025 - View summary

    House committee substitute to the 1st edition makes the following changes.  Removes Part II from the act, which was comprised of: (1) amendments to GS 20-280.5 to require transportation network company (TNC) drivers to obtain consent from an unemancipated minor’s parent or legal guardian before providing service to that minor and (2) new GS 14-401.28 making it an infraction with $250 fine for a TNC driver to provide TNC service (defined) to an unemancipated minor, without first obtaining consent from that minor child's parent or legal guardian. Makes organizational changes. Makes conforming changes, including to the act’s title. Makes technical changes.

    Modifies the age requirement under GS 14-190.7 (dissemination of obscene materials to minors) so that a person is now guilty of a Class H felony (was, Class G felony in 1st edition and H under current law) if the person age 18 or older is at least four years older than the minor (currently, GS 14-190.7 requires that the minor be under the age of sixteen).  Makes organizational and conforming changes, including to the statute's title.

    Removes the proposed felony class modifications to GS 14-190.8 (dissemination of obscene material to minors under age 13 by persons aged 18 or older) and GS 14-190.15 (dissemination of harmful material to minors). 

    Makes clarifying changes to the new offense of habitual indecent exposure under new GS 14-190.9(a6) and upgrades felony classification to Class F felony (was, Class H felony). Makes additional clarifying changes to the statute. Adds new GS 14-190.9(a7) creating a Class E felony for aggravated habitual indecent exposure when the person is at least 18 years old and willfully expose themselves to a minor in a public place and has two or more prior convictions under any combination of the listed offenses (except for habitual indecent exposure) in GS 14-190.9.  Removes designation as reportable conviction under GS 14-208.6, the definitions pertaining to sex offender registration, of final convictions of habitual indecent exposure. Instead, lists both habitual indecent exposure and aggravated habitual indecent exposure as sexually violent offenses under that statute.


  • Summary date: Feb 10 2025 - View summary

    Part I.

    Increases the punishment classes as follows for these crimes:

    • A Class G Felony from a Class H felony for dissemination of obscene material to minors under age 16 by persons aged 18 or older (GS 14-190.7).
    • A Class F felony from a Class G felony for dissemination of obscene material to minors under age 13 by persons aged 18 or older (GS 14-190.8).
    • A Class H felony from a Class 1 misdemeanor for dissemination of harmful material to minors, including exhibition of live performances (GS 14-190.15).

    Requires the sentencing court to consider whether the person is a danger to the community and whether they should be required to register as a sex offender upon conviction of these offenses. Provides for court order requiring registration if court finds the offender to be a danger to the community.

    Makes conforming changes to GS 14-208.6(4) to account for new registration provisions. Makes additional technical changes and makes language gender neutral.

    Establishes the offense of habitual indecent exposures to minors for persons with two or more prior convictions under GS 14-190.9 (indecent exposure) as a class H felony unless the conduct is punishable for another law providing greater punishment. Designates such a conviction a reportable conviction under GS 14-208.6(4), the definitions pertaining to sex offender registration.

    Part II

    Amends GS 20-280.5 to require transportation network company (TNC) drivers to obtain consent from an unemancipated minor’s parent or legal guardian before providing service to that minor.  Requires the TNC to ensure that the company's online-enabled application or platform provides a reliable method for confirming a parent's or guardian's consent. Effective December 1, 2025.

    Enacts new GS 14-401.28 making it an infraction with $250 fine for a TNC driver to provide TNC service (defined) to an unemancipated minor, without first obtaining consent from that minor child's parent or legal guardian.

    Part III

    Applies to offenses committed on or after December 1, 2025.  Directs that prosecutions for offenses committed before then are not abated or affected by the act and that the statutes that would be applicable but for the act remain applicable there.