Signed by Governor Roy Cooper III

Vote Smart's Synopsis:

Vote to pass with amendment a bill that extends the statute of limitations for child sexual abuse.

Highlights:

• Requires any individual who is 18 years old or older and is the juvenile child’s parent or guardian who could reasonably of known of the juvenile’s violent offenses, sexual abuse or misdemeanor child abuse to immediately report the case to local law enforcement (Part II, Sec. 2).

• Specifies that the report shall be made either orally or by telephone and include the following information (Part II, Sec. 2):

• Name, address, and age of the juvenile;

• Name and address of the juvenile’s parent, guardian, custodian, or caretaker;

• Name, address, and age of the individual who committed the offense against the juvenile;

• The location where the offense was committed; and

• Names and ages of other juveniles present or in danger.

• Specifies that an individual 18 years old or older that knowingly or reasonably fails to report a violent offense, sexual abuse, or misdemeanor child abuse on a juvenile or willlfully prevents another individual from reporting shall be guilty of a Class I misdemeanor (Part II, Sec. 2).

• Exempts any individual from criminal liability that makes a report in good faith under this act and cooperates with law enforcement in an investigation or testifies in any judicial proceeding resulting from a law enforcement report (Part II, Sec. 2).

• Requires a law enforcement officer to report evidence that a juvenile child may be abused or neglected to the Department of Social Services within 48 hours of discovery (Part II, Sec. 2).

• Prohibits high-risk sex offenders to do any of the following online, including (Part IV, Sec. 4):

• Communicate with or contact an individual the offender believes is under 16 years old;

• Pose falsely as an individual under the age of 16 with the intent of committing unlawful sex acts;

• Use a website to gather information about the person the individual believes is under 16; or

• Use a commercial social networking website in violation of a policy by the network prohibiting convicted sex offenders from using their site.

• Defines “high-risk sex offender” as any individual registered in accordance with the general statutes and meets the following requirements, including (Part IV, Sec. 4):

• Convicted of an aggravated offense against an individual under the age of 18;

• Is a recidivist with one offense being done against an individual under the age of 18;

• Was convicted of an offense against a minor or a sexually violent offense against an individual under the age of 18; or

• Was found by a court to be a sexually violent predator based on a conviction of a sexually violent offense committed against a minor.

• Authorizes an individual plaintiff to file a civil action against a defendant for sexual abuse suffered while the individual plaintiff was under 18 until they reach the age 38 (Part V, Sec. 5.1).

• Requires each local board of education adopt and implement child sexual abuse and sex trafficking training programs school personnel who work directly with students in grades kindergarten through 12 (Part V, Sec. 5.4).

• Requires charter schools adopt and implement a child sexual abuse and training program for their school personel that work directly with students in grades kindergarten through 12 (Part V, Sec. 5.4).

• Specifies that the child sexual abuse and training program shall be 2 hours in length, start with the begining of the 2020 school year, be repeated in even numbered years and implement the following teachings, including (Part V, Sec. 5.4):

• Best practices from the field of prevention;

• Grooming practices of sexual predators;

• Warning signs of sexual abuse and sex trafficking;

• How to intervene when sexual abuse or sex trafficking is suspected or disclosed;

• Legal responsibilites for reporting sexual abuse or sex trafficking; and

• Available resources for assistance.

• Authorizes the training to be provided by a local nongovernmental organizations with expertise in child sexual abuse or sex trafficking cases (Part V, Sec. 5.4).

• Defines “school personnel” as teachers, instructional support personnel, principals, and assistant principals, as well as, at the discretion of the employing entity, other school employees who work directly with students in grades kindergarten through 12 (Part V, Sec. 5.4).

Full Bill Text