Stein signs bill creating harsher penalties for people who expose NC minors to explicit content

People who expose minors to obscene material, such as sexual images, will face harsher criminal penalties under a state new law signed Thursday by North Carolina Gov. Josh Stein. 

State law defines obscenity as material that “depicts or describes [sexual conduct] in a patently offensive way” that would be recognized by “the average person applying contemporary community standards” and “lacks literary, artistic, political, or scientific value.”

Stein signed House Bill 83, which aims to impose longer prison sentences for those who are convicted of exposing minors to lewd images. Bill sponsors said the law is intended to target people who share content directly with a minor through text messages or social media.

“Keeping kids safe is job one for us in government, and that means keeping them safe wherever they are and, increasingly, it's online,” Stein said. 

Under the new law, people charged with exposing obscenities to minors would face a Class H felony instead of a Class G felony; people charged with exposing obscenities to minors who are younger than 13 years old would face a Class F felony, instead of a Class G felony. The bill would also elevate the penalty for “exhibiting harmful performances to minors” — making it a Class H felony instead of a misdemeanor. 

The legislation passed the General Assembly with bipartisan support. 

State Rep. John Torbett, a Gaston County Republican who filed the bill, said he filed the legislation in response to a case in which a South Carolina man was alleged to have sent obscene material to a North Carolina teen. Local authorities sought to pursue charges, Torbett said, but South Carolina denied the man’s extradition because the alleged offense was classified as a misdemeanor in North Carolina. 

“When an old man sends a gross lewd photo to a teenager, that person can now be held accountable under state law,” Stein said. 

Stein also signed House Bill 481, which expands eligibility requirements for certain retirement benefits for state law enforcement employees. Stein said the bill allows retired law enforcement officers to return to work without jeopardizing separation allowances they received upon retirement. The only catch: officers can’t return to the same position that they retired from.

“I have been hearing from police chiefs and sheriffs, including many of these folks who are behind me today, about their recruitment and retention challenges,” Stein said. 

“So, when we have veteran officers who are willing to raise their hand and say, ‘I will stay on the job,’ we should support them,” he continued, adding: “The law will help keep experienced public safety professionals on the job, reduce strain on departments, and keep people safe.”