Rev. Law Perm. Protect Order/Child Abuse.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 2
HOUSE BILL 182
Committee Substitute Favorable 3/4/25

Short Title: Rev. Law Perm. Protect Order/Child Abuse. (Public)
Sponsors:
Referred to:
February 25, 2025
*H182-v-2*
A BILL TO BE ENTITLED 1
AN ACT TO ALLOW A JU DGE TO ISSUE A PERMA NENT NO CONTACT ORDE R 2
AGAINST A DEFENDANT CONVICTED OF CERTAIN VIOLENT OFFENSES AN D 3
TO PROVIDE THAT IT IS FELONY CHILD ABUSE FOR ANY PERSON PROVIDING 4
CARE TO OR SUPERVISION OF A CHILD LESS THAN SIXTEEN YEARS OF AGE TO 5
COMMIT OR ALLOW THE COMMISSION OF A SEXUAL ACT UPON THE CHILD. 6
The General Assembly of North Carolina enacts: 7
8
PART I. ALLOWING JUD GE TO ISSUE A PERMAN ENT NO CONTACT ORDER 9
AGAINST A DEFENDANT CONVICTED OF CERTAIN VIOLENT OFFENSES 10
SECTION 1.(a) Article 81D of Chapter 15A of the General Statutes reads as 11
rewritten: 12
"Article 81D. 13
"Permanent No Contact Order Against Convicted Sex Violent Offender. 14
"§ 15A-1340.50. Permanent no contact order prohibiting future contact by convicted sex 15
violent offender with crime victim. 16
(a) The following definitions apply in this Article: 17
(1) Permanent no contact order. – A permanent injunction that prohibits any 18
contact by a defendant with the victim of the sex violent offense for which the 19
defendant is convicted. convicted, with the victim's immediate family, or both. 20
The duration of the injunction is the lifetime of the defendant. 21
(2) Sex offense. – Any criminal offense that requires registration under Article 22
27A of Chapter 14 of the General Statutes. 23
(3) Victim. – The person against whom the sex violent offense was committed. 24
(4) Violent offense. – Any of the following: 25
a. A criminal offense that requires registration under Article 27A of 26
Chapter 14 of the General Statutes. 27
b. A Class A through G felony that is not otherwise covered under 28
sub-subdivision a. of this subdivision. 29
c. An offense under subsection (b) of G.S. 14-32.4. 30
(b) When sentencing a defendant convicted of a sex violent offense, the judge, at the 31
request of the district attorney, shall determine whether to issue a permanent no contact order. 32
The judge shall order the defendant to show cause why a permanent no contact order shall not be 33
issued and shall hold a show cause hearing as part of the sentencing procedures for the defendant. 34
(c) The victim victim, the victim's immediate family, or both shall have a right to be heard 35
at the show cause hearing. 36
General Assembly Of North Carolina Session 2025
Page 2 House Bill 182-Second Edition
… 1
(e) At the conclusion of the show cause hearing the judge shall enter a finding for or 2
against the defendant. If the judge determines that reasonable grounds exist for the victim victim, 3
the victim's immediate family, or both to fear any future contact with the defendant, the judge 4
shall issue the permanent no contact order. The judge shall enter written findings of fact and the 5
grounds on which the permanent no contact order is issued. issued. If any member of the victim's 6
immediate family is included in the permanent no contact order, they must be spe cifically 7
identified. The no contact order shall be incorporated into the judgment imposing the sentence 8
on the defendant for the conviction of the sex violent offense. 9
(f) The court may grant one or more of the following forms of relief in a permanent no 10
contact order under this Article: 11
(1) Order the defendant not to threaten, visit, assault, molest, or otherwise 12
interfere with the victim.victim, the victim's immediate family, or both. 13
(2) Order the defendant not to follow the victim, the victim's immediate family, 14
or both, including at the victim's each individual's workplace. 15
(3) Order the defendant not to harass the victim.victim, the victim 's immediate 16
family, or both. 17
(4) Order the defendant not to abuse or injure the victim.victim, the victim 's 18
immediate family, or both. 19
(5) Order the defendant not to contact the victim victim, the victim's immediate 20
family, or both by telephone, written communication, or electronic means. 21
(6) Order the defendant to refrain from entering or remaining present at the 22
victim's residence, school, place of employment, school, or place of 23
employment of the victim, the victim 's immediate family, or both, or other 24
specified places at times when the victim victim, the victim 's immediate 25
family, or both are present. 26
(7) Order other relief deemed necessary and appropriate by the court. 27
… 28
(h) At any time after the issuance of the order, the State, at the request of the victim, or 29
the defendant may make a motion to rescind or modify the permanent no contact order. If the 30
court determines that reasonable grounds for the victim victim, the victim's immediate family, or 31
both to fear any future contact with the defendant no longer exist, the court may rescind or modify 32
the permanent no contact order. 33
…." 34
SECTION 1.(b) This section becomes effective December 1, 2025, and applies to 35
offenses committed on or after that date. 36
37
PART II. CLARIFYING CHANGES TO FELONY CHILD ABUSE LAWS 38
SECTION 2.(a) G.S. 14-318.4 reads as rewritten: 39
"§ 14-318.4. Child abuse a felony. 40
(a) A parent or any other person providing care to or supervision of a child less than 16 41
years of age who intentionally inflicts any serious physical injury upon or to the child or who 42
intentionally commits an assault upon the child which results in any serious physical injury to 43
the child is guilty of a Class D felony, except as otherwise prov ided in subsection (a3) of this 44
section. 45
(a1) Any A parent or any other person providing care to or supervision of a child less than 46
16 years of age, or any other person providing care to or supervision of the child, age who 47
commits, permits, or encourages any act of prostitution with or by the child is guilty of child 48
abuse and shall be punished as a Class D felon. 49
General Assembly Of North Carolina Session 2025
House Bill 182-Second Edition Page 3
(a2) Any A parent or legal guardian of any other person providing care to or supervision 1
of a child less than 16 years of age who commits or allows the commission of any sexual act 2
upon the child is guilty of a Class D felony. 3
(a3) A parent or any other person providing care to or supervision of a child less than 16 4
years of age who intentionally inflicts any serious bodily injury to the child or who intentionally 5
commits an assault upon the child which results in any serious bodily injury to the child, or which 6
results in permanent or protracted loss or impairment of any mental or emotional function of the 7
child, is guilty of a Class B2 felony. 8
(a4) A parent or any other person providing care to or supervision of a child less than 16 9
years of age who , for the purpose of causing fear, emotional injury, or deriving sexual 10
gratification, intentionally and routinely (i) inflicts physical injury on that child and (ii) deprives 11
that child of necessary food, clothing, shelter , or proper physical care is guilty of a Class B2 12
felony. 13
(a4)(a5) A parent or any other person providing care to or supervision of a child less than 14
16 years of age whose willful act or grossly negligent omission in the care of the child shows a 15
reckless disregard for human life is guilty of a Class E felony if the act or omission results in 16
serious bodily injury to the child. 17
(a5)(a7) A parent or any other person providing care to or supervision of a child less than 18
16 years of age whose willful act or grossly negligent omission in the care of the child shows a 19
reckless disregard for human life is guilty of a Class G felony if the act or omission result s in 20
serious physical injury to the child. 21
(a6) For purposes of this section, a "grossly negligent omission" in providing care to or 22
supervision of a child includes the failure to report a child as missing to law enforcement as 23
provided in G.S. 14-318.5(b). 24
(b) The felony of child abuse is an offense additional to other civil and criminal 25
provisions and is not intended to repeal or preclude any other sanctions or remedies. 26
(c) Abandonment of an infant less than seven days of age pursuant to G.S. 14-322.3 may 27
be treated as a mitigating factor in sentencing for a conviction under this section involving that 28
infant. 29
(d) The following definitions apply in this section: 30
(1) Grossly negligent omission. – In the context of providing care to or 31
supervision of a child, this term includes the failure to report a child as missing 32
to law enforcement as provided in G.S. 14-318.5(b). 33
(2) Serious bodily injury. – Bodily injury that creates a substantial risk of death 34
or that causes serious permanent disfigurement, coma, a permanent or 35
protracted condition that causes extreme pain, or permanent or protracted loss 36
or impairment of the function of any bodily member or organ, or that results 37
in prolonged hospitalization. 38
(2)(3) Serious physical injury. – Physical injury that causes great pain and suffering. 39
The term includes serious mental injury." 40
SECTION 2.(b) This section becomes effective December 1, 2025, and applies to 41
offenses committed on or after that date. 42
43
PART III. SAVINGS CLAUSE & EFFECTIVE DATE 44
SECTION 3.(a) Prosecutions for offenses committed before the effective date of 45
this act are not abated or affected by this act, and the statutes that would be applicable but for 46
this act remain applicable to those prosecutions. 47
SECTION 3.(b) Except as otherwise provided, this act is effective when it becomes 48
law. 49