GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2007

S                                                                                                                                                     1

SENATE BILL 17*

 

 

 

 

Short Title:     Up Penalties/Sex Offenses With Child Victim.

(Public)

Sponsors:

Senators Boseman;  Allran, Atwater, Foriest, Garrou, Goodall, Goss, Jones, Kerr, Queen, Rand, and Snow.

Referred to:

Judiciary l (Civil).

February 12, 2007

A BILL TO BE ENTITLED

AN ACT to amend certain child pornography laws by amending the definition of Sexual Activity and expanding the scope of certain pornography laws, increasing the penalty for FIRST, second, and third degree sexual exploitation of a minor, increasing the penalty for solicitation of a child by computer to commit an unlawful sex act, and increasing the penalty for a second or subsequent offense of taking indecent liberties with children.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 14-190.13(5) reads as rewritten:

"(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.

g.         The lascivious exhibition of the genitals or pubic area of any person."

SECTION 2.  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 defendant commits the offense of disseminating harmful material to minors if, with or without consideration and knowing the character or content of the material, hethe defendant:

(1)       Sells, furnishes, presents, or distributes to a minor minor, or a person the defendant believes to be a minor, material that is harmful to minors; or

(2)       Allows a minor minor, or a person the defendant believes to be a minor, to review or peruse material that is harmful to minors.

(b)       Exhibiting Harmful Performance. - A person defendant 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 defendant allows a minor minor, or a person the defendant believes to be a minor, to view a live performance that is harmful to minors.

(c)       Defenses. - Except as provided in subdivision (3), a mistake of age is not a defense to a prosecution under this section. It is an affirmative defense to a prosecution under this section that:

(1)       The defendant was a parent or legal guardian of the minor.

(2)       The defendant was a school, church, museum, public library, governmental agency, medical clinic, or hospital carrying out its legitimate function; or an employee or agent of such an organization acting in that capacity and carrying out a legitimate duty of his employment.

(3)       Before disseminating or exhibiting the harmful material or performance, the defendant requested and received a driver's license, student identification card, or other official governmental or educational identification card or paper indicating that the minor to whom the material or performance was disseminated or exhibited was at least 18 years old, and the defendant reasonably believed the minor was at least 18 years old.

(4)       The dissemination was made with the prior consent of a parent or guardian of the recipient.

(d)       Punishment. - Violation of this section is a Class 1 misdemeanor."

SECTION 3.  G.S. 14-190.16(d) reads as rewritten:

"(d)      Punishment and Sentencing. - Violation of this section is a Class D felony.Class C felony."

SECTION 4.  G.S. 14-190.17(d) reads as rewritten:

"(d)      Punishment and Sentencing. - Violation of this section is a Class F felony.Class D felony."

SECTION 5.  G.S. 14-190.17A(d) reads as rewritten:

"(d)      Punishment and Sentencing. -  Violation of this section is a Class I felony.Class E felony."

SECTION 6.  G.S. 14-202.3(c) reads as rewritten:

"(c)      Punishment. - A violation of this section is a Class H felony.Class E felony."

SECTION 7.  G.S. 14-202.1 reads as rewritten:

"§ 14-202.1.  Taking indecent liberties with children.

(a)       A person is guilty of taking indecent liberties with children if, being 16 years of age or more and at least five years older than the child in question, he either:

(1)       Willfully takes or attempts to take any immoral, improper, or indecent liberties with any child of either sex under the age of 16 years for the purpose of arousing or gratifying sexual desire; or

(2)       Willfully commits or attempts to commit any lewd or lascivious act upon or with the body or any part or member of the body of any child of either sex under the age of 16 years.

(b)       Taking indecent liberties with children is punishable as a Class F felony.follows:

(1)       For a first offense under this section, the person is guilty of a Class F felony.

(2)       For a second or subsequent offense under this section, the person is guilty of a Class E felony.

(c)       In all cases where a person is charged under this section with a second or subsequent offense, the record of a prior conviction under this section shall be admissible in evidence, but only for the purpose of proving that the person has been convicted of taking indecent liberties with children in violation of this section. A prior conviction may be proved by stipulation of the parties or by the original or a certified copy of the court record of the prior conviction. The original or certified copy of the court record, bearing the same name as that by which the defendant is charged, shall be prima facie evidence that the defendant named therein is the same as the defendant before the court, and shall be prima facie evidence of the facts set out therein."

SECTION 8.  This act becomes effective December 1, 2007, and applies to offenses committed on or after that date.