2026 Criminal Law Changes.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 5
HOUSE BILL 308
Committee Substitute Favorable 3/18/25
Committee Substitute #2 Favorable 4/1/25
Senate Judiciary Committee Substitute Adopted 5/20/26
Fifth Edition Engrossed 6/2/26

Short Title: 2026 Criminal Law Changes. (Public)
Sponsors:
Referred to:
March 6, 2025
*H308-v-5*
A BILL TO BE ENTITLED 1
AN ACT TO MODIFY CER TAIN GENERAL STATUTE S RELATED TO CRIMINA L 2
PROCEDURE, SENTENCING, OFFENSES, AND OTHER LAWS. 3
The General Assembly of North Carolina enacts: 4
5
AMEND STRANGULATION PENALTIES 6
SECTION 6.(a) G.S. 14-32.4 reads as rewritten: 7
"§ 14-32.4. Assault inflicting serious bodily injury; strangulation; penalties. 8
(a) Unless the conduct is covered under some other provision of law providing greater 9
punishment, any person who assaults another person and inflicts serious bodily injury is guilty 10
of a Class F E felony. 11
(a1) The following definitions apply to this section: 12
(1) "Serious bodily injury" is defined as bodily Serious bodily injury . – Bodily 13
injury that creates a substantial risk of death, or that causes serious permanent 14
disfigurement, coma, a permanent or protracted condition that causes extreme 15
pain, or permanent or protracted loss or impairment of the function of any 16
bodily member or organ, or that results in prolonged hospitalization. 17
(2) Strangulation. – Impeding the normal breathing or circulation of blood of 18
another person by applying pressure to the throat or neck of the person or by 19
obstructing the nose and mouth of the person. 20
(a2) Unless the conduct is covered under some other provision of law providing greater 21
punishment, any person who assaults another person by strangulation is guilty of a Class H 22
felony. 23
(b) Unless the conduct is covered under some other provision of law providing greater 24
punishment, any person who assaults another person and inflicts physical injury by strangulation 25
is guilty of a Class H G felony." 26
SECTION 6.(b) G.S. 143B-1773(a) reads as rewritten: 27
"(a) There is established within the North Carolina Center for Missing Persons the Blue 28
Alert System. The purpose of the Blue Alert Sy stem is to aid in the apprehension of a suspect 29
who kills or inflicts serious bodily injury on a law enforcement officer by providing a statewide 30
system for the rapid dissemination of information regarding the suspect. The term "serious bodily 31
injury" is as defined in G.S. 14-32.4(a).G.S. 14-32.4." 32
General Assembly Of North Carolina Session 2025
Page 2 House Bill 308-Fifth Edition
SECTION 6.(c) This section becomes effective December 1, 2026, and applies to 1
offenses committed on or after that date. 2
3
THE HALO ACT 4
SECTION 6.1.(a) Article 30 of Chapter 14 of the General Statutes is amended by 5
adding a new section to read: 6
"§ 14-223.1. Approaching a first responder with specified intent after a warning. 7
(a) Definitions. – For purposes of this section, the following definitions apply: 8
(1) First responder. – Means any of the following: 9
a. A law enforcement officer. 10
b. A firefighter. 11
c. An emergency medical technician or a medical responder. 12
d. A probation or parole officer. 13
e. A person whose employment duties include the custody, 14
transportation, or management of persons who are detained or 15
confined to a detention facility, youth development center, or 16
correctional institution operated under the jurisdiction of the State or 17
a local government. 18
(2) Harass. – To willfully engage in a course of conduct directed at a first 19
responder which intentionally causes substantial emotional distress in that 20
first responder and serves no legitimate purpose. Merely taking photographs 21
or recording a first responder without another overt act shall not be included 22
in this definition. 23
(b) Offense. – It is unlawful for a person, after receiving a verbal warning not to approach 24
from a person he or she knows or reasonably should know is a first responder, who is engaged in 25
the lawful performance of a legal duty, to knowingly and willfully violate the warning and 26
approach or remain within 25 feet of the first responder with the intent to do any of the following: 27
(1) Impede or interfere with the first responder's ability to perform his or her duty. 28
(2) Threaten the first responder with physical harm. 29
(3) Harass the first responder. 30
Merely taking photographs or recording a first responder without another overt act shall not 31
constitute a violation of this subsection. 32
(c) Punishment. – Unless the conduct is covered under some other provision of law 33
providing greater punishment, a person who violates subsection (b) of this section is guilty of a 34
Class 2 misdemeanor." 35
SECTION 6.1.(b) This section becomes effective December 1, 2026, and applies to 36
offenses committed on or after that date. 37
38
RIOT LAW CHANGES 39
SECTION 7.(a) G.S. 15A-534.8(b) reads as rewritten: 40
"(b) A defendant may be retained in custody not more than 24 48 hours from the time of 41
arrest without a determination being made under this section by a judge. If a judge has not acted 42
pursuant to this section within 24 48 hours of arrest, the magistrate shall act under the provisions 43
of this section." 44
SECTION 7.(b) Nothing in this section shall be construed as intended to prevent or 45
prohibit an individual's right to his or her exercise of free speech or the right to peaceable 46
assembly. 47
SECTION 7.(c) This section becomes effective December 1, 2026, and applies to 48
offenses committed on or after that date. 49
50
THEFT TOOLS OFFENSE 51
General Assembly Of North Carolina Session 2025
House Bill 308-Fifth Edition Page 3
SECTION 8.(a) Article 16 of Chapter 14 of the General Statutes is amended by 1
adding a new section to read: 2
"§ 14-72.13. Possession of theft tools with intent to commit larceny from a merchant. 3
(a) A person is guilty of a Class I felony if the person is located within the area of a retail 4
establishment where goods are stored or offered for sale while knowingly possessing any theft 5
tools with the intent to use the theft tools to commit larceny from a merchant. 6
(b) Definitions. – 7
(1) Theft detection shielding device. – Any laminated, coated, lined, or otherwise 8
modified bag, container, or device designed or intended to shield merchandise 9
from detection by an electronic or magnetic theft detection system. 10
(2) Theft tools. – Any theft detection shielding device or any tool, instrument, or 11
article designed or adapted to do either of the following: 12
a. Defeat, circumvent, deactivate, or remove any antishoplifting or 13
inventory control device, as defined in G.S. 14-72.11. 14
b. Facilitate the concealment, removal, or carrying away of merchandise 15
without payment." 16
SECTION 8.(b) This section becomes effective December 1, 2026, and applies to 17
offenses committed on or after that date. 18
19
INDECENT EXPOSURE OFFENSE 20
SECTION 9.(a) G.S. 14-190.9 reads as rewritten: 21
"§ 14-190.9. Indecent exposure. 22
(a) Unless the conduct is punishable under subsection (a1) of this section, any person 23
who shall willfully expose the private parts of his or her person in any public place and in the 24
presence of any other person or persons, except for those places designated for a public purpose 25
where the same sex exposure is incidental to a permitted activity, or aids or abets in any such act, 26
or who procures another to perform such act; or any person, who as owner, manager, lessee, 27
director, promoter or agent, or in any other capacity knowingly hires, leases or permits the land, 28
building, or premises of which he is owner, lessee or tenant, or over which he has control, to be 29
used for purposes of any such act, shall be guilty of a Class 2 misdemeanor. 30
(a1) Unless the conduct is prohibited by another law providing greater punishment, any 31
person at least 18 years of age who shall willfully expose the private parts of his or her person in 32
any public place in the presence of a mino r as defined in G.S. 14-190.13 for the purpose of 33
arousing or gratifying sexual desire shall be guilty of a Class H felony. An offense committed 34
under this subsection shall not be considered to be a lesser included offense under G.S. 14-202.1. 35
After a conv iction of an offense under this subsection, the sentencing court shall require the 36
person to register as a sex offender pursuant to Article 27A of this Chapter. 37
(a2) Unless the conduct is prohibited by another law providing greater punishment, any 38
person who shall willfully expose the private parts of his or her person in the presence of anyone 39
other than a consenting adult on the private premises of another or so near thereto as to be seen 40
from such private premises for the purpose of arousing or gratifyin g sexual desire is guilty of a 41
Class 2 misdemeanor. 42
(a4) Unless the conduct is punishable by another law providing greater punishment, any 43
person at least 18 years of age who shall willfully expose the private parts of his or her person in 44
a private residence of which they are not a resident and in the presence of a minor as defined in 45
G.S. 14-190.13 who is a resident of that private residence shall be guilty of a Class 2 46
misdemeanor. 47
(a5) Unless the conduct is prohibited by another law providing greater pu nishment, any 48
person located in a private place who shall willfully expose the private parts of his or her person 49
with the knowing intent to be seen by a person in a public place shall be guilty of a Class 2 50
misdemeanor. 51
General Assembly Of North Carolina Session 2025
Page 4 House Bill 308-Fifth Edition
(a6) Habitual Indecent Exposure . – An offense pursuant to subsection (a), (a2), (a4), or 1
(a5) of this section, which occurs after a conviction pursuant to subsection (a), (a1), (a2), (a4), or 2
(a5) of this section, shall be punished as a Class F felony. After a conviction of an offense under 3
this subsection, the sentencing court shall require the person to register as a sex offender pursuant 4
to Article 27A of this Chapter. 5
(a7) Aggravated Habitual Indecent Exposure. – An offense pursuant to subsection (a1) of 6
this section, which occurs after a conviction pursuant to subsection (a), (a1), (a2), (a4), or (a5) of 7
this section, shall be punished as a Class E felony. After a conviction of an offense under this 8
subsection, the sentencing court shall require the person to register as a sex offender pursuant to 9
Article 27A of this Chapter. 10
(b) Notwithstanding any other provision of law, a woman may breast feed in any public 11
or private location where she is otherwise authorized to be, irrespective of whether the nipple of 12
the mother's breast is uncovered during or incidental to the breast feeding. 13
(c) Notwithstanding any other provision of law, a local government may regulate the 14
location and operation of sexually oriented businesses. Such local regulation may restrict or 15
prohibit nude, seminude, o r topless dancing to the extent consistent with the constitutional 16
protection afforded free speech." 17
SECTION 9.(b) G.S. 14-208.6(5) reads as rewritten: 18
"(5) Sexually violent offense. – A violation of former G.S. 14-27.6 (attempted rape 19
or sexual offense), G.S. 14-27.21 (first-degree forcible rape), G.S. 14-27.22 20
(second-degree forcible rape), G.S. 14-27.23 (statutory rape of a child by an 21
adult), G.S. 14-27.24 (first-degree statutory rape), G.S. 14-27.25(a) (statutory 22
rape of a person who is 15 years of age or younger and where the defendant is 23
at least six years older), G.S. 14-27.26 (first-degree forcible sexual offense), 24
G.S. 14-27.27 (second -degree forcible sexual offense), G.S. 14-27.28 25
(statutory sexual offense with a child by an adult), G.S. 14-27.29 (first-degree 26
statutory sexual offense), G.S. 14-27.30(a) (statutory sexual offense with a 27
person who is 15 years of age or younger and where the defendant is at least 28
six years older), G.S. 14-27.31 (sexual activity by a substitute parent or 29
custodian), G.S. 14-27.32 (sexual activity with a student), G.S. 14-27.33 30
(sexual battery), G.S. 14-43.11 (human trafficking) if (i) the offense is 31
committed against a minor who is less than 18 years of age or (ii) the offense 32
is committed against any person with the intent that they be held in sexual 33
servitude, G.S. 14-43.13 (subjecting or maintaining a person for sexual 34
servitude), G.S. 14-178 (incest between near relatives), G.S. 14-190.6 35
(employing or permitting minor to assist in offenses against public morality 36
and decency), G.S. 14-190.9(a1) (felonious indecent exposure), 37
G.S. 14-190.9(a6) ( habitual indecent exposure), G.S. 14-190.9(a7) 38
(aggravated habitual indecent exposure ), G.S. 14-190.16 (first degree sexual 39
exploitation of a minor), G.S. 14-190.17 (second degree sexual exploitation 40
of a minor), G.S. 14-190.17A (third degree sexual exploitation of a minor), 41
G.S. 14-190.17C (obscene visual representation of sexual exploitation of a 42
minor), G.S. 14-202.1 (taking indecent liberties with children), G.S. 14-202.3 43
(Solicitation of child by computer or certain other electronic devices to 44
commit an unlawful sex act), G.S. 14-202.4(a) (taking indecent liberties with 45
a student), G.S. 14-205.2(c) or (d) (patronizing a prostitute who is a minor or 46
has a mental disability), G.S. 14-205.3(b) (promoting prostitution of a minor 47
or a person who has a mental disability), G.S. 14-318.4(a1) (parent or 48
caretaker commit or permit act of prostitution with or by a juvenile), or 49
G.S. 14-318.4(a2) (commission or allowing of sexual act upon a juvenile by 50
parent or guardian). The term also includes the following: a solicitation or 51
General Assembly Of North Carolina Session 2025
House Bill 308-Fifth Edition Page 5
conspiracy to commit any of these offenses; aiding and abetting any of these 1
offenses." 2
SECTION 9.(c) This section becomes effective December 1, 2026, and appl ies to 3
offenses committed on or after that date. 4
5
MODIFY ACCESS PROCESS FOR CHILDREN'S ADVOCACY CENTER RECORDS 6
SECTION 10.(a) G.S. 108A-77.4 reads as rewritten: 7
"§ 108A-77.4. Access to Children's Advocacy Center records. 8
(a) In the case of a child referred to a Children's Advocacy Center by a department, the 9
following records or information, which are created, compiled, maintained, or received by a 10
Children's Advocacy Center when performing or coordinating services described in this section, 11
shall be part of a department's record for the juvenile receiving protective services and shall be 12
confidential: 13
(1) A child medical evaluation. 14
(2) A forensic interview. 15
(3) Any other information received by a department from a Children's Advocacy 16
Center, including electronic records. 17
Disclosure of information and records in this subsection shall be governed by 18
G.S. 7B-302(a1), 7B-505.1, 7B-601(c), 7B-2901(b), and 7B-3100. 19
(b) In the case of a child referred to a Children's Advocacy Center by law enforcement, 20
unless required by federal law, the following records or information, which are created, compiled, 21
maintained, or received by a Children's Advocacy Center when performing or coordinating 22
services described in this section, shall be confidential and shall o nly be released in accordance 23
with this subsection: 24
(1) A law enforcement child medical evaluation. 25
(2) A forensic interview. 26
(3) Any other information received by law enforcement from a Children's 27
Advocacy Center, including electronic records. 28
(c) Disclosure of information and records outlined in subsection (b) of this section is 29
authorized and shall only be released without a court order or otherwise made available to the 30
following: 31
(1) The North Carolina Department of Health and Human Services and county 32
departments. 33
(2) Law enforcement agencies, a prosecuting the office of the district attorney, or 34
the Office of the Attorney General. 35
(3) Health care providers or local management entity/managed care organizations 36
providing medical or psychiatric care or s ervices to the child, in the case of 37
medical or mental health records. 38
(4) The North Carolina Child Fatality Task Force. 39
(5) As permitted under G.S. 7B-3100. 40
(d) Except as specifically authorized in this section, records of a child which are created, 41
compiled, maintained, or received by a Children's Advocacy Center shall only be released in civil 42
actions or criminal actions unrelated to the victim evaluated or interviewed at the Childre n's 43
Advocacy Center pursuant to an order of a court of competent jurisdiction upon a finding by the 44
court that the records are necessary for the determination of a criminal, civil, or administrative 45
matter and the information cannot be obtained from the Department of Health a nd Human 46
Services, a law enforcement agency, the prosecuting attorney, a department, or the Attorney 47
General. The order shall include an order for an in camera inspection and protective order. For 48
civil and administrative matters, prior to issuing such an order, a Children's Advocacy Center 49
shall receive notice and an opportunity to be heard. After conducting an in camera inspection of 50
General Assembly Of North Carolina Session 2025
Page 6 House Bill 308-Fifth Edition
the records, the court shall only release the information from the records that is material and 1
relevant to the matter before the court and necessary to the proper administration of justice. 2
(e) Employees or designated agents of a Children's Advocacy Center may confirm with 3
another Children's Advocacy Center that a child has been seen for services at its facility when 4
necessary for the child, caregiver, or Children's Advocacy Center to receive essential support or 5
services and with necessary confidentiality provisions in place, consistent with State and federal 6
law. Children's Advocacy Centers may share information regarding a child with another 7
Children's Advocacy Center to the extent that the information is necessary for the provision of 8
services to a child by a Children's Advocacy Center, its multidisciplinary team, or other contract 9
service providers. 10
(f) A Children's Advoca cy Center employee or designated agent may share limited 11
information with Children's Advocacy Centers of North Carolina, Inc., or other contract service 12
providers, when necessary for the child, caregiver, or Children's Advocacy Center to receive 13
essential support or services and with necessary confidentiality provisions in place, consistent 14
with State and federal law. 15
(g) No person or agency to whom disclosure of information created or compiled at a 16
Children's Advocacy Center is made shall duplicate or disc lose that information to any other 17
person or agency, except as permitted in this section. The Department of Health and Human 18
Services, a department, law enforcement agencies, the prosecuting attorney, a court of competent 19
jurisdiction, and the Attorney General are exempted from the requirements of this section. Any 20
information disclosed under this subsection shall remain confidential. 21
(h) Records created pursuant to this Article shall not be considered public records under 22
Chapter 132 of the General Statutes. 23
(i) Information and records outlined in subsection (b) of this section and released to law 24
enforcement agencies, the office of the district attorney, or the Office of the Attorney General 25
shall be deemed to be in need of a protective order and in satisf action of the provisions of 26
G.S. 15A-908 without the need for an in camera inspection. Information and records provided 27
pursuant to this section shall be accompanied by a protective order which may be granted ex 28
parte pursuant to G.S. 15A-908 restricting t he use of the information and records to the action 29
under seal, until further order of the court." 30
SECTION 10.(b) This section becomes effective December 1, 2026. 31
32
IGNITION INTERLOCK CHANGE 33
SECTION 10.1.(a) G.S. 20-17.8 reads as rewritten: 34
"§ 20 -17.8. Restoration of a license after certain driving while impaired convictions; 35
ignition interlock. 36
(a) Scope. – This section applies to a person whose license was revoked as a result of a 37
conviction of driving while impaired, G.S. 20-138.1, and any of the following conditions is met: 38
(1) The person had an alcohol concentration of 0.15 or more. 39
(2) The person has been convicted of another offense involving impaired driving, 40
which offense occurred within seven years immediately preceding the date of 41
the offense for which the person's license has been revoked. 42
(3) The person was sentenced pursuant to G.S. 20-179(f3). 43
For purposes of subdivision (1) of this subsection, the results of a chemical analysis, as shown 44
by an affidavit or affidavits executed pursuant to G.S. 20-16.2(c1), shall be used by the Division 45
to determine that person's alcohol concentration. 46
… 47
(c) Length of Requirement. – Except as otherwise provided in subsection (g1) of this 48
section, the requirements of subsection (b) shall remain in effect for one of the following: 49
(1) One year from the date of restoration if the original revocation period was one 50
year. 51
General Assembly Of North Carolina Session 2025
House Bill 308-Fifth Edition Page 7
(2) Three years from the date of restoration if the original revocation period was 1
four years. 2
(3) Seven years from the date of restoration if t he original revocation was a 3
permanent revocation. 4
… 5
(d) Effect of Limited Driving Privileges. – If the person was eligible for and received a 6
limited driving privilege under G.S. 20-179.3, with the ignition interlock requirement contained 7
in G.S. 20-179.3(g5), the period of time for which that limited driving privilege was held shall 8
be applied towards the requirements of subsection (c). 9
(d1) Effect of Conviction in Other Jurisdiction. – If the license was revoked as a result of 10
a conviction in another jur isdiction, any period of time for which the person complied with an 11
ignition interlock requirement related to that offense in the other jurisdiction shall be applied 12
toward the requirement in subsection (c) of this section. The person shall be responsible for 13
providing sufficient documentation from the other juri sdiction's licensing authority 14
demonstrating such compliance to the division. 15
…." 16
SECTION 10.1.(b) This section is effective when it becomes law. 17
18
FALSE PRETENSES CHANGES 19
SECTION 10.2.(a) G.S. 42-59(2) reads as rewritten: 20
"(2) "Criminal activity" means (i) activity that would constitute a violation of 21
G.S. 90-95 other than a violation of G.S. 90-95(a)(3), or a conspiracy to 22
violate any provision of G.S. 90-95 other than G.S. 90-95(a)(3); or (ii) other 23
criminal activity that threatens the health, safety, or right of peaceful 24
enjoyment of the entire premises by other residents or employees of the 25
landlord.landlord; or (iii) obtaining rental property or other lodging by use of 26
any type or manner of fraud or false pretense." 27
SECTION 10.2.(b) G.S. 14-100 reads as rewritten: 28
"§ 14-100. Obtaining property by false pretenses. 29
(a) If any person shall knowingly and designedly by means of any kind of false pretense 30
whatsoever, whether the false pretense is of a past or subsisting fact or of a future fulfillment or 31
event, obtain or attempt to obtain from any person within this State any money, goods, property, 32
services, chose in action, rental housing or lodging, or other thing of value with intent to cheat or 33
defraud any person of such money, goods, property, services, chose in action action, rental 34
housing or lodging, or other thing of value, such person shall be guilty of a felony: Provided, that 35
if, on the trial of anyone indicted for such crime, it shall be proved that he obtained the property 36
in such manner as to amount to larceny or embezzlement, the jury shall have submitted to them 37
such other felony proved; and no person tried for such felony shall be liabl e to be afterwards 38
prosecuted for larceny or embezzlement upon the same facts: Provided, further, that it shall be 39
sufficient in any indictment for obtaining or attempting to obtain any such money, goods, 40
property, services, chose in action, or other thing of value by false pretenses to allege that the 41
party accused did the act with intent to defraud, without alleging an intent to defraud any 42
particular person, and without alleging any ownership of the money, goods, property, services, 43
chose in action or other thing of value; and upon the trial of any such indictment, it shall not be 44
necessary to prove either an intent to defraud any particular person or that the person to whom 45
the false pretense was made was the person defrauded, but it shall be sufficient to allege and 46
prove that the party accused made the false pretense charged with an intent to defraud. If the 47
value of the money, goods, property, services, chose in action, or other thing of value is one 48
hundred thousand dollars ($100,000) or more, a viola tion of this section is a Class C felony. If 49
the value of the money, goods, property, services, chose in action, or other thing of value is less 50
than one hundred thousand dollars ($100,000), a violation of this section is a Class H felony. 51
General Assembly Of North Carolina Session 2025
Page 8 House Bill 308-Fifth Edition
(b) Evidence of nonfulfillment of a contract obligation standing alone shall not establish 1
the essential element of intent to defraud. 2
(b1) In any prosecution for violation of this section, the State is not required to establish 3
that all of the acts constituting the crime occurred in this State or within a single city, county, or 4
local jurisdiction of this State, and it is no defense that not all of the acts constituting the crime 5
occurred in this State or within a single city, county, or local jurisdiction of this State. 6
(c) For purposes of this section, "person" means person, association, consortium, 7
corporation, body politic, partnership, or other group, entity, or organization." 8
SECTION 10.2.(c) This section becomes effective December 1, 2026, and applies 9
to offenses committed on or after that date. 10
11
PROHIBIT SEX OFFENDERS FROM SEASONAL CHILD CARE CAMPS 12
SECTION 11.(a) G.S. 14-208.18 reads as rewritten: 13
"§ 14-208.18. Sex offender unlawfully on premises. 14
(a) It shall be unlawful for any person required to register under this Article, if the offense 15
requiring registration is described in subsection (c) of this section, to knowingly be at any of the 16
following locations: 17
(1) On the premises of any place intended primarily for the use, care, or 18
supervision of minors, including, but not limited to, (i) schools, (ii) children's 19
museums, (iii) child care centers, (iv) nurseries, and playgrounds. (v) 20
playgrounds, and (vi) seasonal child care camps when operating as a seasonal 21
child care camp. 22
(2) Within 300 feet of any location intended primarily for the use, care, or 23
supervision of minors when the place is located on premises that are not 24
intended primarily for the use, care, or supervision of minors, including, but 25
not limited to, places described in subdivision (1) of this sub section that are 26
located in malls, shopping centers, or other property open to the general 27
public. 28
(3) At any place where minors frequently congregate, including, but not limited 29
to, libraries, arcades, amusement parks, recreation parks, and swimming 30
pools, when minors are present. 31
(4) On the State Fairgrounds during the period of time each year that the State 32
Fair is conducted, on the Western North Carolina Agricultural Center grounds 33
during the period of time each year that the North Carolina Mountain Sta te 34
Fair is conducted, and on any other fairgrounds during the period of time that 35
an agricultural fair is being conducted. 36
…." 37
SECTION 11.(b) This section becomes effective December 1, 2026, and applies to 38
offenses committed on or after that date. 39
40
SEXUAL ASSAULT VICTIM RIGHTS 41
SECTION 11.1.(a) Article 9 of Chapter 114 of the General Statutes is amended by 42
adding a new section to read: 43
"§ 114-66. Rights for victims of sexual assault. 44
(a) Additional Rights. – In addition to any other rights provided by law, a person for 45
whom a sexual assault evidence collection kit has been completed as part of a forensic medical 46
examination has all of the following rights related to the sexual assault evidence collection kit: 47
(1) The right to information of the testing status and location of the sexual assault 48
evidence collection kit. 49
General Assembly Of North Carolina Session 2025
House Bill 308-Fifth Edition Page 9
(2) The right to receive written notification, upon request, from the appropriate 1
law enforcement agency, of the intended destruction or disposal of the kit at 2
least 60 days before the date of the intended destruction or disposal. 3
(3) The right to further preservation of the sexual assault evidence collection kit 4
in accordance with G.S. 15A-266.5A. 5
The provisions o f this subsection apply to both reported and unreported sexual assault 6
examination kits as defined in G.S. 15A-266.5A. 7
(b) Publishing Notice of Rights. – The Office of the Attorney General shall prepare and 8
publish on its website a list of the rights of victims of sexual assault set forth in this section, 9
Article 20A of Chapter 7B of the General Statutes, and Article 46 of Chapter 15A of the General 10
Statutes. The list required by this subsection shall be in plain language that is easy to understand. 11
Additionally, the Office of the Attorney General shall distribute copies of a written version of 12
the list required under this subsection to hospitals located in the State to provide to every 13
presenting victim of sexual assault. The Office of the Attorney General may update the list 14
required under this subsection as necessary to reflect changes in the applicable law." 15
SECTION 11.1.(b) No later than December 1, 2026, the Office of the Attorney 16
General shall prepare and publish the list required under G.S. 114-66(b), as enacted by subsection 17
(a) of this section. 18
SECTION 11.1.(c) Subsection (a) of this section becomes effective December 1, 19
2026, and applies to sexual assault evidence collection kits in the possession of any hospital, law 20
enforcement agency, or the Department of Public Safety on or after that date. The remainder of 21
this section is effective when it becomes law. 22
23
CRITICAL INFRASTRUCTURE THEFT 24
SECTION 11.2.(a) G.S. 14-159.4 reads as rewritten: 25
"§ 14 -159.4. Cutting, mutilating, defacing, or otherwise injuring property to obtain 26
nonferrous metals. 27
(a) Definition of Nonferrous Metals. – For purposes of this section, the term "nonferrous 28
metals" means metals not containing significant quantities of iron or steel, including, but not 29
limited to, copper wire, copper clad steel wire, copper pipe, copper bars, copper sheeting, 30
aluminum other than aluminum cans, a product that is a mixture of aluminum and copper, 31
catalytic converters, lead-acid batteries, and stainless steel beer kegs or containers. 32
(a1) Definition of Critical Infrastructure. – For the purpose of this section, the term 33
"critical infrastructure" means communications, electric, gas, water, wastewater, transportation, 34
public safety, emergency services, and hospitals and includes facilities or assets where disruption 35
would materially impair public health, safety, or security. 36
(b) Prohibited Act. – It is unlawful for a person to do or attempt to do any of the following: 37
willfully and wantonly cut, mutilate, deface, or otherwise injure any personal or real property of 38
another, including any fixtures or improvements, for the purpose of obtaining nonferrous metals 39
in any amount. 40
(c) Punishment. – Violations of this section are punishable as follows: 41
(1) Default. – If the direct injury is to property, and the amount of loss in value to 42
the property, the amount of repairs necessary to return the property to its 43
condition before the act, or the property loss (including fixtures or 44
improvements) is less than one thousand dollars ($1,000), a violation shall be 45
punishable as a Class 1 misdemeanor. If the applicable amount is one thousand 46
dollars ($1,000) or more, but less than ten thousand dollars ($10,000), a 47
violation shall be punishable as a Class H felony. If the applicable amount is 48
ten thousand dollars ($10,000) or more, a violation shall be deemed an 49
aggravated offense and shall be punishable as a Class F felony. 50
General Assembly Of North Carolina Session 2025
Page 10 House Bill 308-Fifth Edition
(2) When person suffers serious injury. – Unless the conduct is covered under 1
some other provision of law providing greater punishment, a violation of this 2
section that results in a serious injury to another person is punis hable as a 3
Class A1 misdemeanor. 4
(3) When person suffers a serious bodily injury. – Unless the conduct is covered 5
under some other provision of law providing greater punishment, a violation 6
of this section that results in serious bodily injury to another p erson is 7
punishable as a Class F felony. For purposes of this subdivision, "serious 8
bodily injury" is as defined in G.S. 14-32.4. 9
(4) When person is killed. – Unless the conduct is covered under some other 10
provision of law providing greater punishment, a violation of this section that 11
results in the death of another person is punishable as a Class D felony. 12
(5) When critical infrastructure affected. – Unless the conduct is covered under 13
some other provision of law providing greater punishment, a violation of this 14
section that results in the disruption of communication or electrical service to 15
critical infrastructure or to more than 10 customers of the communication or 16
electrical service is guilty of a Class 1 misdemeanor.infrastructure is guilty of 17
a Class C felony. 18
(d) Liability. – This section does not create or impose a duty of care upon the owner of 19
personal or real property that would not otherwise exist under common law. A public or private 20
owner of personal or real property shall not be civilly liable: 21
(1) To a person who is injured while committing or attempting to commit a 22
violation of this section. 23
(2) To a person who is injured while a third party is committing or attempting to 24
commit a violation of this section. 25
(3) For a person's injuries caused b y a dangerous condition created as a result of 26
a violation of this section, when the owner does not know and could not have 27
reasonably known of the dangerous condition. 28
(e) Mandatory Restitution. – Upon conviction of an offense under this section, the 29
sentencing court shall order restitution to any affected owner or operator and any entity that 30
includes all of the following: 31
(1) Actual repair and replacement costs (including labor, contractor charges, 32
equipment rental, splicing, testing, and site restoration). 33
(2) Emergency response and temporary restoration costs. 34
(3) Costs of traffic control, permitting, and expedited construction required to 35
restore service. 36
(4) Documented customer credits or regulatory penalties paid as a direct result of 37
the incident, to the extent permitted by law." 38
SECTION 11.2.(b) Article 22 of Chapter 14 of the General Statutes is amended by 39
adding a new section to read: 40
"§ 14-159.5. Unauthorized possession of certain nonferrous metals used in the provision of 41
critical infrastructure. 42
(a) Unless the conduct is covered under some other provision of law providing greater 43
punishment, it shall be a Class 1 misdemeanor for any person to in tentionally or knowingly 44
possess nonferrous metals used, or intended to be used, in the provision of critical infrastructure, 45
as those terms are defined in G.S. 14-159.4, without authorization as provided by subsection (b) 46
of this section. A second or subsequent violation of this section shall be a Class H felony. 47
(b) A person is authorized to possess critical infrastructure nonferrous metals if the 48
person is any of the following, or an agent to any of the following, and the person does not have 49
knowledge that the nonferrous metals were unlawfully obtained: 50
(1) The owner of the nonferrous metals. 51
General Assembly Of North Carolina Session 2025
House Bill 308-Fifth Edition Page 11
(2) A public utility or common carrier. 1
(3) A telecommunications provider. 2
(4) A cable service provider. 3
(5) A video service provider. 4
(6) A manufacturing, industrial, commercial, retail, or other business that sells the 5
material in the ordinary course of the seller's business. 6
(7) A carrier-for-hire acting in the course and scope of the carrier's business with 7
a bill of lading or a contract verifying transport information. 8
(8) A secondary metals recycler, as defined in G.S. 66-420, and acting within the 9
course and scope of the entity's business. 10
(9) A person acting in the ordinary course of the person 's business who lawfully 11
acquires possession of the materials during construction, remodeling, 12
demolition, or salvage of a building or other structure in which the materials 13
were installed or contained." 14
SECTION 11.2.(c) This section becomes effective December 1, 2026, and applies 15
to offenses committed on or after that date. 16
17
SENTENCING COMMISSION CHANGES 18
SECTION 12.(a) G.S. 164-37 reads as rewritten: 19
"§ 164-37. Membership; chairman; meetings; quorum. 20
The Commission shall consist of 29 members as follows: 21
… 22
(19) A rehabilitated former prison inmate, to be appointed by the Chairman of the 23
Commission.A previously justice-involved individual, to be appointed by the 24
Chairman of the Commission. 25
… 26
The Commission shall have its initial meeting no later than September 1, 1990, at the call of 27
the Chairman. The Commission shall meet a minimum of four regular meetings each year. The 28
Commission may also hold special meetings at the call of the Chairman, or by any four members 29
of the Commission, upon such notice and in such manner as may be fixed by the rules of the 30
Commission. A majority of the members of the Commission shall constitute a quorum." 31
SECTION 12.(b) G.S. 164-38 reads as rewritten: 32
"§ 164-38. Terms of members; compensation; expenses. 33
The terms of existing members shall expire on June 30 , 1997, unless they resign or are 34
removed. New members shall be appointed or the existing members reappointed by the 35
appointing authorities to serve terms of two years, unless they resign or are removed. Members 36
serving by virtue of elective or appointive office or as designees of such officeholders may serve 37
only so long as the officeholders hold those respective offices. Members appointed by the 38
Speaker of the House and the President Pro Tempore of the Senate may be removed by the 39
appointing authority without cause. Vacancies occurring before the expiration of a term shall be 40
filled in the manner provided for the members first appointed. A member of the Commission 41
may be removed only for disability, neglect of duty, incompetence, or malfeasance in office. 42
Before removal, the member is entitled to a hearing. Effective with respect to members 43
designated on or after July 1, 1992, a person making a designation pursuant to G.S. 164-37 may 44
not make another designation, except that the person's successor in electi ve or appointive office 45
may make a new designation. 46
The Commission members shall receive no salary for serving. All Commission members 47
shall receive necessary subsistence and travel expenses in accordance with the provisions of 48
G.S. 120-3.1, 138 -5, and 138 -6 as applicable. However, notwithstanding the provis ions of 49
G.S. 120-3.1, 138-5, and 138-6, all Commission members shall receive necessary travel expenses 50
General Assembly Of North Carolina Session 2025
Page 12 House Bill 308-Fifth Edition
at the rate applicable to member s of the Commission employed by the Judicial Branch of 1
government." 2
SECTION 12.(c) G.S. 164-50 reads as rewritten: 3
"§ 164-50. Annual report on implementation of Justice Reinvestment Project. 4
The Judicial Department, through the North Carolina Sentencing and Policy Advisory 5
Commission and the Department of Adult Correction, shall jointly conduct ongoing evaluations 6
regarding the implementation of the Justice Reinvestment Act of 2011. The Commission shall 7
present the first evaluation report to the Joint Legislative Oversight Committee on Justice and 8
Public Safety and to the Chairs of the Senate and House of Representatives Appropriations 9
Subcommittees on Justice and Public Safety by April 15 of each year." 10
SECTION 12.(d) G.S. 164-51 reads as rewritten: 11
"§ 164-51. Five-year projection; Statewide Misdemeanant Confinement Program. 12
The Judicial Department, through the North Carolina Sentencing and Policy Advisory 13
Commission (Commission) and with the assistance of the North Carolina Sheriffs' Association 14
(Sheriffs' Association), shall develop projections of available bed space i n the Statewide 15
Misdemeanant Confinement Program (Program). The projections shall cover the next five fiscal 16
years beginning with the 2018-2019 fiscal year. All State agencies, the Sheriffs' Association, and 17
the person having administrative control of a lo cal confinement facility as defined in 18
G.S. 153A-217(5) shall furnish to the Commission data related to available bed space as 19
requested to implement this section. 20
The Commission shall report its projections to the chairs of the Senate Appropriations 21
Committee on Justice and Public Safety and the chairs of the House Appropriations Committee 22
on Justice and Public Safety no later than February 15, 2019, and March 1 annually thereafter." 23
SECTION 12.(e) This section is effective when it becomes law. 24
25
MODIFY TAKING INDECENT LIBERTIES WITH CHILDREN OFFENSE 26
SECTION 13.(a) G.S. 14-202.1 reads as rewritten: 27
"§ 14-202.1. Taking indecent liberties with children. 28
(a) A person is guilty of taking indecent liberties with children if, being 16 years of age 29
or more and at least five years older than the child in question, he either: 30
(1) Willfully takes or attempts to take any immoral, improper, or indecent liberties with 31
any child of either sex under the age of 16 years for the purpose of arousing or gratifying sexual 32
desire; orin the first degree if the person is 16 years of age or more and at least five years older 33
than the child in question and willfully commits or attempts to commit any lewd or lascivious act 34
upon or with the body or any part or member of the body of any child of either sex less than 13 35
years of age. Violation of this subsection is a Class C felony. 36
(2) Willfully commits or attempts to commit any lewd or lascivious act upon or with the 37
body or any part or member of the body of any child of either sex under the age of 16 years. 38
(b) Taking indecent liberties with children is punishable as a Class F felony. A person is 39
guilty of taking indecent liberties with children in the second degree if the person is 16 years of 40
age or more and at least five years old er than the child in question and willfully commits or 41
attempts to commit any lewd or lascivious act upon or with the body or any part or member of 42
the body of any child of either sex less than 16 years of age but at least 13 years of age. Violation 43
of this subsection is a Class D felony. 44
(c) A person is guilty of taking indecent liberties with children in the third degree if the 45
person is 16 years of age or more and at least five years older than the child in question and 46
willfully takes or attempts to take any immoral, improper, or indecent liberties with any child of 47
either sex less than 13 years of age for the purpose of arousing or gratifying sexual desire . 48
Violation of this subsection is a Class E felony. 49
(d) A person is guilty of taking indecent liberties with children in the fourth degree if the 50
person is 16 years of age or more and at least five years older than the child in question and 51
General Assembly Of North Carolina Session 2025
House Bill 308-Fifth Edition Page 13
willfully takes or attempts to take any immoral, improper, or indecent liberties with any child of 1
either sex less than 16 years of age, but at least 13 years of age , for the purpose of arousing or 2
gratifying sexual desire. Violation of this subsection is a Class F felony. 3
(e) A person is guilty as a repeat offender of taking indecent liberties with a child if the 4
person is 18 years of age or older, commits any of the offenses in this section, and was previously 5
convicted of an offense requiring the person to register as a sex offender pursuant to Article 27A 6
of this Chapter. Violation of this subsection is a Class B1 felony." 7
SECTION 13.(b) This section becomes effective December 1, 2026, and applies to 8
offenses committed on or after that date. 9
10
CREATE A CRIMINAL OFFENSE FO R ESCAPING FROM A JUVENILE JUSTICE 11
FACILITY OR OFFICER 12
SECTION 14.(a) Article 33 of Chapter 14 of the General Statutes is amended by 13
adding a new section to read: 14
"§ 14-256.2. Escape from juvenile detention facilities or officers. 15
(a) Offense and Punishment. – If any person shall break any detention facility, holdover 16
facility, or youth development center , being lawfully detained therein, or shall escape from the 17
lawful custody of any employee, guard , or officer of the Division of Juvenile Justice of the 18
Department of Public Safety, the person is guilty of a Class 1 misdemeanor, except that the person 19
is guilty of a Class H felony if any of the following apply: 20
(1) The person has been charged with a felony and has been committed to the 21
facility pending trial or transfer to the State prison system. 22
(2) The person is alleged to be within the jurisdiction of the juvenile court for an 23
offense that would be a felony if committed by an adult and has been placed 24
in secure custody. 25
(3) The person has been adjudicated delinquent for an offense that would be a 26
felony if committed by an adult and has been placed in secure custody or 27
committed to the custody of the Division of Juvenile Justice and Delinquency 28
Prevention for placement in a youth development center. 29
(b) Definitions. – For purposes of this section, the terms "detention facility," "holdover 30
facility," and "youth development center" are as defined in G.S. 7B-1501." 31
SECTION 14.(b) This section becomes effective December 1, 2026, and applies to 32
offenses committed on or after that date. 33
34
PROHIBIT CREATION AND DISTRIBUTION OF FICTITIOUS LICENSE PLATES 35
SECTION 15.(a) G.S. 20-111 reads as rewritten: 36
"§ 20-111. Violation of registration provisions. 37
It shall be unlawful for any person to commit any of the following acts: 38
(1) To drive a vehicle on a highway, or knowingly permit a vehicle owned by that 39
person to be driven on a highway, when the vehicle is not registered with the 40
Division in accordance with this Article or does not display a current 41
registration plate. Violation of this subdivision is a Class 3 misdemeanor. 42
(2) To display or cause or permit to be displayed or to have in possession any 43
registration card, certificate of title or registration number plate knowing the 44
same to be fictitious or to have been canceled, revoked, suspended or altered, 45
or to willfully display an expired license or registration plate on a vehicle 46
knowing the same to be expired. Violation of this subdivision is a Class 3 47
misdemeanor. 48
(3) The giving, lending, or borrowing of a license plate for the purpose of using 49
same on some motor vehicle other than that for which issued shall make the 50
giver, lender, or borrower guilty of a Class 3 misdemeanor. Where license 51
General Assembly Of North Carolina Session 2025
Page 14 House Bill 308-Fifth Edition
plate is found being improperly used, such plate or plates shall be revoked or 1
canceled, and new license plates must be p urchased before further operation 2
of the motor vehicle. 3
(4) To fail or refuse to surrender to the Division, upon demand, any title 4
certificate, registration card or registration number plate which has been 5
suspended, canceled or revoked as in this Article provided. Service of the 6
demand shall be in accordance with G.S. 20-48. 7
(5) To use a false or fictitious name or address in any application for the 8
registration of any vehicle or for a certificate of title or for any renewal or 9
duplicate thereof, or knowin gly to make a false statement or knowingly to 10
conceal a material fact or otherwise commit a fraud in any such application. 11
A violation of this subdivision shall constitute a Class 1 misdemeanor. 12
(6) To give, lend, sell or obtain a certificate of title for the purpose of such 13
certificate being used for any purpose other than the registration, sale, or other 14
use in connection with the vehicle for which the certificate was issued. Any 15
person violating the provisions of this subdivision shall be guilty of a Class 2 16
misdemeanor. 17
(7) To manufacture, create, or give to another either with or without consideration 18
a fictitious license plate . Any person violating the provisions of this 19
subdivision shall be guilty of a Class 3 misdemeanor. For purposes of this 20
subdivision, a "fictitious license plate" means a license plate of a size, shape, 21
color, and design which is identical to that of a license plate issued by the 22
Division." 23
SECTION 15.(b) This section becomes effective December 1, 2026, and applies to 24
offenses committed on or after that date. 25
26
EXPUNCTIONS RELATED TO LAW ENFORCEMENT CERTIFICATION 27
SECTION 16.(a) G.S. 17C-13 reads as rewritten: 28
"§ 17C-13. Pardons; expunctions. 29
(a) When a person presents competent evidence that he has been granted an unconditional 30
pardon of innocence for a crime in this State, any other state, or the United States, the 31
Commission may not deny, suspend, or revoke that person's certification based solely on the 32
commission of that crime or for an alleged lack of good moral character due to the commission 33
of that crime. 34
(b) Notwithstanding G.S. 15A-145.4 or G.S. 15A-145.5, the Commission may gain 35
access to a person's felony conviction records, including those maintained by the Administrative 36
Office of the Courts in its confidential files containing the names of persons granted expunctions. 37
The Commission may deny, suspend, or revoke a person's certification based solely on that 38
person's felony conviction, whether or not that conviction was expunged, unless the conviction 39
was expunged pursuant to G.S. 15A-145.4 or G.S. 15A-145.8A. 40
(c) Except as provided by this section, the Commission may deny, suspend, or revoke a 41
person's certification based on commission of a crime regardless of whether the charge or 42
conviction was expunged. Commission of the offense may be proven by testimony, documents, 43
personnel files (including personnel investigation reports ), criminal histories, and any other 44
relevant evidence. 45
(d) Unless an order of expunction was granted pursuant to G.S. 15A-145.4 or 46
G.S. 15A-145.8A, consistent with this section, the Commission may deny, suspend, or revoke a 47
person's certification based upon failure to disclose, recite, report, or acknowledge an ex punged 48
arrest, apprehension, charge, indictment, information, trial, or conviction." 49
SECTION 16.(b) G.S. 17E-12 reads as rewritten: 50
"§ 17E-12. Pardons; expunctions. 51
General Assembly Of North Carolina Session 2025
House Bill 308-Fifth Edition Page 15
(a) When a person presents competent evidence that the person has been granted an 1
unconditional pardon of innocence for a crime in this State, any other state, or the United States, 2
the Commission may not deny, suspend, or revoke that person's certification based solely on the 3
commission of that crime or for alleged lack of good moral c haracter due to the commission of 4
that crime. 5
(b) Notwithstanding G.S. 15A-145.4 or G.S. 15A-145.5, the Commission may gain 6
access to a person's felony conviction records, including those maintained by the Administrative 7
Office of the Courts in its confidential files containing the names of persons granted expunctions. 8
The Commission may deny, suspend, or revoke a person's certification based solely on that 9
person's felony conviction, whether or not that conviction was expunged, unless the conviction 10
was expunged pursuant to G.S. 15A-145.4 or G.S. 15A-145.8A. 11
(c) Except as provided by this section, the Commission may deny, suspend, or revoke a 12
person's certification based on commission of a crime regardless of whether the charge or 13
conviction was expunged. Commission of the offense may be proven by testimony, documents, 14
personnel files (including personnel investigation reports ), criminal histories, and any other 15
relevant evidence." 16
SECTION 16.(c) This section is effective when it becomes law. 17
18
EFFECTIVE DATE 19
SECTION 17. Except as otherwise provided, this act is effective when it becomes 20
law. 21