GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2009

SENATE BILL 65

RATIFIED BILL

AN ACT to amend the law regarding solicitation of a child by computer to commit an unlawful sex act to include solicitations by other electronic devices as well as computers.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 14‑202.3 reads as rewritten:

"§ 14‑202.3.  Solicitation of child by computer or certain other electronic devices to commit an unlawful sex act.

(a)        Offense. – A person is guilty of solicitation of a child by a computer if the person is 16 years of age or older and the person knowingly, with the intent to commit an unlawful sex act, entices, advises, coerces, orders, or commands, by means of a computer,computer or any other device capable of electronic data storage or transmission, a child who is less than 16 years of age and at least 3five years younger than the defendant, or a person the defendant believes to be a child who is less than 16 years of age and who the defendant believes to be at least 3five years younger than the defendant, to meet with the defendant or any other person for the purpose of committing an unlawful sex act. Consent is not a defense to a charge under this section.

(b)        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.

(c)        Punishment. – A violation of this section is punishable as follows:

(1)        A violation is a Class H felony except as provided by subdivision (2) of this subsection.

(2)        If either the defendant, or any other person for whom the defendant was arranging the meeting in violation of this section, actually appears at the meeting location, then the violation is a Class G felony."

SECTION 2.  This act becomes effective December 1, 2009, and applies to offenses committed on or after that date.

In the General Assembly read three times and ratified this the 15^th day of July, 2009.

                                                                        _____________________________________

                                                                         Walter H. Dalton

                                                                         President of the Senate

                                                                        _____________________________________

                                                                         Joe Hackney

                                                                         Speaker of the House of Representatives

                                                                        _____________________________________

                                                                         Beverly E. Perdue

                                                                         Governor

Approved __________.m. this ______________ day of ___________________, 2009