{"data":{"id":"us-nc/n.c.-gen.-stat.-66-505","jurisdiction":"us-nc","citation":"N.C. Gen. Stat. § 66-505","heading":"Short title; definitions.","body":"(a)\tThis Article shall be known and may be cited as the \"Prevent Sexual Exploitation of Women and Minors Act.\"\n(b)\tThe following definitions apply in this Article:\n(1)\tAuthorized representative. - With respect to an individual:\na.\tA person authorized in writing under State or other applicable law by the individual to act on behalf of the individual with regard to the matter in question; or\nb.\tIn the case of an individual under the age of 18, a parent or legal guardian of the individual.\n(2)\tCoerced consent. - Purported consent obtained from a person lacking the capacity to consent or obtained from a person with capacity to consent under any of the following circumstances:\na.\tThrough fraud, duress, misrepresentation, undue influence, or nondisclosure.\nb.\tThrough exploiting or leveraging the person's (i) immigration status, (ii) pregnancy, (iii) disability, (iv) substance abuse disorder, (v) juvenile status, or (vi) economic circumstances.\n(3)\tConsent. - An agreement that is informed and thorough and does not include coerced consent.\n(4)\tDistribute. - As defined in G.S. 66-500.\n(5)\tEligible person. - An individual depicted in the pornographic image who has not provided consent, or who has withdrawn consent in compliance with the laws applicable to the jurisdiction, for the distribution of the pornographic image, or an authorized representative of that individual.\n(6)\tIntimate visual depiction. - Any visual depiction of an individual meeting all of the following criteria:\na.\tThe individual is reasonably identifiable from the visual depiction itself or information displayed in connection with the visual depiction, including through (i) facial recognition, (ii) an identifying marking on the individual, including a birthmark, piercing, or tattoo, (iii) an identifying feature of the background of the visual depiction, (iv) voice matching, or (v) written confirmation from an individual who is responsible, in whole or in part, for the creation or development of the visual depiction.\nb.\tThe individual depicted is engaging in sexual activity or the exposed or substantially exposed genitals, anus, pubic area, or post-pubescent female nipple of the individual depicted is visible.\n(7)\tOnline entity. - An individual or group of individuals working together or an entity defined in G.S. 66-500.\n(8)\tOnline entity operator. - A provider for an online entity that qualifies as a sexually oriented business as defined by G.S. 160D-902(f) or which is subject to G.S. 66-501 because it publishes or distributes material on a website that contains a substantial portion of material harmful to minors.\n(9)\tPerformer. - Any person portrayed in a visual depiction engaging in, or assisting another person to engage in, sexual activity.\n(10)\tPornographic image. - A visual depiction of actual or feigned sexual activity or an intimate visual depiction.\n(11)\tPublish. - As defined in G.S. 66-500.\n(12)\tSexual activity. - As defined in G.S. 14-190.13.\n(13)\tVisual depiction. - Any photograph, film, video, picture, digital image, or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means. (2025-84, s. 2(a).)","path":["Chapter 66. Commerce and Business.","Article 51A. Prevent Sexual Exploitation of Women and Minors."],"source_url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_66/GS_66-505.html","current_through":"S.L. 2026-30","vintage":"","retrieved_at":"2026-08-27T18:07:52Z","sha256":"d0be1de6c71704659f47e658a584319461ded8986be64b0960a9a37ad52e5df0","source_id":"us-nc","stale":false,"prev":"us-nc/n.c.-gen.-stat.-66-501","next":"us-nc/n.c.-gen.-stat.-66-506"},"notice":"GroundRules: Original legal text. Not legal advice."}