AN ACT to increase the punishment for committing the offense of solicitation of minors by computer; to require certain petitions pertaining to sex offender registration be placed on the criminal docket; and to ESTABLISH THE OFFENSES OF HABITUAL INDECENT EXPOSURE AND AGGRAVATED HABITUAL INDECENT EXPOSURE.

The General Assembly of North Carolina enacts:

INCREASE THE PUNISHMENT FOR COMMITTING THE OFFENSE OF SOLICITATION OF MINORS BY COMPUTER

SECTION 1.(a)  G.S. 14‑202.3(c) reads as rewritten:

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

(1)        A Except as otherwise provided in subdivision (2) of this subsection, a first violation is a Class H felony except as provided by subdivision (2) of this subsection.E felony. A second or subsequent violation of this section, or a first violation of this section committed when the defendant had a prior conviction in any federal or state court in the United States that is substantially similar to the offense set forth in this section, is a Class D felony.

(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 C felony.

SECTION 1.(b)  This section becomes effective December 1, 2025, and applies to offenses committed on or after that date.

REQUIRE CERTAIN PETITIONS PERTAINING TO SEX OFFENDER REGISTRATION BE PLACED ON THE CRIMINAL DOCKET

SECTION 2.(a)  G.S. 14‑208.12B(b) reads as rewritten:

(b)      The petition shall be filed in the county in which the person resides using a form created by the Administrative Office of the Courts. The petition must be filed with the clerk of court within 30 days of the person's receipt of the notification of the requirement to register from the sheriff. The person filing the petition must serve a copy of the petition on the office of the district attorney and the sheriff in the county where the person resides within three days of filing the petition with the clerk of court. The clerk, upon receipt of the petition, shall place the petition on the criminal docket to be calendared by the district attorney pursuant to G.S. 7A‑49.4. The petition shall be calendared at the next regularly scheduled term of superior court. At the first setting, the petitioner must be advised of the right to have counsel present at the hearing and to the appointment of counsel if the petitioner cannot afford to retain counsel. Appointment of counsel shall be in accordance with rules adopted by the Office of Indigent Defense Services.

SECTION 2.(b)  This section becomes effective December 1, 2025, and applies to petitions filed on or after that date.

ESTABLISH THE OFFENSES OF HABITUAL INDECENT EXPOSURE AND AGGRAVATED HABITUAL INDECENT EXPOSURE

SECTION 3.(a)  G.S. 14‑190.9 reads as rewritten:

§ 14‑190.9.  Indecent exposure.

…

(a6)      A person commits the offense of habitual indecent exposure if that person commits a violation of subsection (a), (a2), (a4), or (a5) of this section and has two or more prior convictions under any combination of subsection (a), (a1), (a2), (a4), or (a5) of this section. A person convicted of violating this subsection is guilty of a Class F felony. Additionally, the sentencing court shall require the person to register as a sex offender pursuant to Article 27A of this Chapter.

(a7)      A person commits the offense of aggravated habitual indecent exposure if that person commits a violation of subsection (a1) of this section and has two or more prior convictions under any combination of subsection (a), (a1), (a2), (a4), or (a5) of this section. A person convicted of violating this subsection is guilty of a Class E felony. Additionally, the sentencing court shall require the person to register as a sex offender pursuant to Article 27A of this Chapter.

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SECTION 3.(b)  G.S. 14‑208.6(4) reads as rewritten:

(4)      Reportable conviction. – Any of the following:

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g.         A final conviction for a violation of subsection (a6) or (a7) of G.S. 14‑190.9.

CRIMINAL SAVINGS CLAUSE AND EFFECTIVE DATE

SECTION 4.(a)  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 4.(b)  Except as otherwise provided, this act is effective when it becomes law.