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N.C. Gen. Stat. § 14-208.1

Promoting travel for unlawful sexual conduct

Redline — June 1, 2021 → current.View current text →
Current — June 1, 2022
As of June 1, 2021
(1) Definition. - For purposes of this section, the term "travel services" means transportation by air, sea, or ground; hotel or other lodging accommodations; package tours, or the provision of vouchers or coupons to be redeemed for future travel; or accommodations for a fee, commission, or other valuable consideration.
(1) Definition. — For purposes of this section, the term “travel services” means transportation by air, sea, or ground; hotel or other lodging accommodations; package tours, or the provision of vouchers or coupons to be redeemed for future travel; or accommodations for a fee, commission, or other valuable consideration.
(2) Offense. - A person commits the offense of promoting travel for unlawful sexual conduct if the person sells or offers to sell travel services that the person knows to include travel for the purpose of committing any of the following offenses in this State or for the purpose of engaging in conduct that would constitute any one of the following offenses if occurring within this State: An offense under Article 7B of Chapter 14 of the General Statutes.
(2) Offense. — A person commits the offense of promoting travel for unlawful sexual conduct if the person sells or offers to sell travel services that the person knows to include travel for the purpose of committing any of the following offenses in this State or for the purpose of engaging in conduct that would constitute any one of the following offenses if occurring within this State: An offense under Article 7B of Chapter 14 of the General Statutes.
(3) Any of the following offenses involving the sexual exploitation of a minor: G.S. 14-190.16.
(3) Any of the following offenses involving the sexual exploitation of a minor: G.S. 14-190.16.
(4) G.S. 14-190.17.
(4) G.S. 14-190.17.
(5) G.S. 14-190.17A.
(5) G.S. 14-190.17 A.
(6) Any of the following offenses involving indecent liberties with a minor: G.S. 14-202.1.
(6) Any of the following offenses involving indecent liberties with a minor: G.S. 14-202.1.
(7) G.S. 14-202.4.
(7) G.S. 14-202.4.
(8) Any of the following prostitution offenses: G.S. 14-204.
(8) Any of the following prostitution offenses: G.S. 14-204.
(9) G.S. 14-205.1.
(9) G.S. 14-205.1.
(10) G.S. 14-205.2.
(10) G.S. 14-205.2.
(11) G.S. 14-205.3.
(11) G.S. 14-205.3.
(12) Aggravated offense. - Any criminal offense that includes either of the following: (i) engaging in a sexual act involving vaginal, anal, or oral penetration with a victim of any age through the use of force or the threat of serious violence; or (ii) engaging in a sexual act involving vaginal, anal, or oral penetration with a victim who is less than 12 years old.
(13) County registry. - The information compiled by the sheriff of a county in compliance with this Article.
(14) Department. - The Department of Public Safety.
(15) Electronic mail. - The transmission of information or communication by the use of the Internet, a computer, a facsimile machine, a pager, a cellular telephone, a video recorder, or other electronic means sent to a person identified by a unique address or address number and received by that person.
(16) Employed. - Includes employment that is full-time or part-time for a period of time exceeding 14 days or for an aggregate period of time exceeding 30 days during any calendar year, whether financially compensated, volunteered, or for the purpose of government or educational benefit.
(17) Entity. - A business or organization that provides Internet service, electronic communications service, remote computing service, online service, electronic mail service, or electronic instant message or chat services whether the business or organization is inside or outside the State.
(18) Instant message. - A form of real-time text communication between two or more people. The communication is conveyed via computers connected over a network such as the Internet.
(19) Institution of higher education. - Any postsecondary public or private educational institution, including any trade or professional institution, college, or university.
(20) Internet. - The global information system that is logically linked together by a globally unique address space based on the Internet Protocol or its subsequent extensions; that is able to support communications using the Transmission Control Protocol/Internet Protocol suite, its subsequent extensions, or other Internet Protocol compatible protocols; and that provides, uses, or makes accessible, either publicly or privately, high-level services layered on the communications and related infrastructure described in this subdivision.
(21) Mental abnormality. - A congenital or acquired condition of a person that affects the emotional or volitional capacity of the person in a manner that predisposes that person to the commission of criminal sexual acts to a degree that makes the person a menace to the health and safety of others.
(22) Nonresident student. - A person who is not a resident of North Carolina but who is enrolled in any type of school in the State on a part-time or full-time basis.
(23) Nonresident worker. - A person who is not a resident of North Carolina but who has employment or carries on a vocation in the State, on a part-time or full-time basis, with or without compensation or government or educational benefit, for more than 14 days, or for an aggregate period exceeding 30 days in a calendar year.
(24) Offense against a minor. - Any of the following offenses if the offense is committed against a minor, and the person committing the offense is not the minor's parent: G.S. 14-39 (kidnapping), G.S. 14-41 (abduction of children), and G.S. 14-43.3 (felonious restraint). The term also includes the following if the person convicted of the following is not the minor's parent: a solicitation or conspiracy to commit any of these offenses; aiding and abetting any of these offenses.
(25) Online identifier. - Electronic mail address, instant message screen name, user ID, chat or other Internet communication name, but it does not mean social security number, date of birth, or pin number. A detention facility operated under the jurisdiction of the Section of Prisons of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety.
(26) A detention facility operated under the jurisdiction of another state or the federal government.
(27) A detention facility operated by a local government in this State or another state.
(28) Personality disorder. - An enduring pattern of inner experience and behavior that deviates markedly from the expectations of the individual's culture, is pervasive and inflexible, has an onset in adolescence or early adulthood, is stable over time, and leads to distress or impairment.
(29) Recidivist. - A person who has a prior conviction for an offense that is described in G.S. 14-208.6(4). A final conviction for an offense against a minor, a sexually violent offense, or an attempt to commit any of those offenses unless the conviction is for aiding and abetting. A final conviction for aiding and abetting is a reportable conviction only if the court sentencing the individual finds that the registration of that individual under this Article furthers the purposes of this Article as stated in G.S. 14-208.5.
(30) A final conviction in another state of an offense, which if committed in this State, is substantially similar to an offense against a minor or a sexually violent offense as defined by this section, or a final conviction in another state of an offense that requires registration under the sex offender registration statutes of that state.
(31) A final conviction in a federal jurisdiction (including a court martial) of an offense, which is substantially similar to an offense against a minor or a sexually violent offense as defined by this section.
(32) A final conviction for a violation of G.S. 14-202(d), (e), (f), (g), or (h), or a second or subsequent conviction for a violation of G.S. 14-202(a), (a1), or (c), only if the court sentencing the individual issues an order pursuant to G.S. 14-202(l) requiring the individual to register.
(33) A final conviction for a violation of G.S. 14-43.14, only if the court sentencing the individual issues an order pursuant to G.S. 14-43.14(e) requiring the individual to register.
(34) Punishment. — A violation of this section is a Class G felony.
(12) Punishment. — A violation of this section is a Class G felony.
History
(2019-158, s. 2(a).)

Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.