Bill
HB 182
HB 182 authorizes lifetime no-contact orders at sentencing for certain sex/violent offenses to protect victims.
Status (as provided)
- Title: Revise Law Permanent Protective Order/Child Abuse
- Classification: Bill (public safety / criminal law)
- Subjects: Child abuse; civil procedure; courts; crimes; domestic violence; judges; minors; family issues
- Effective date in text: December 1, 2025 (applies to offenses committed on or after that date)
Purpose
- To (1) authorize judges to issue lifetime “permanent no contact” injunctions at sentencing for certain violent/sex-related convictions, and (2) expand and clarify felony child‑abuse offenses by making it a felony for a parent or caregiver to commit, permit, or allow sexual acts against a child under 16.
Key provisions — Permanent No Contact Orders (Article 81D / proposed G.S. 15A‑1340.50)
- New permanent no contact order (PNCO) defined: a lifetime injunction barring any contact by a convicted defendant with the victim of the “sex violent offense,” the victim’s immediate family, or both.
- Scope: “Sex violent offense” includes offenses that require sex offender registration and certain violent felonies (definitions in the bill).
- Timing and procedure:
- When sentencing a defendant for a covered offense, the prosecutor may request the judge consider issuing a PNCO.
- The judge must order the defendant to show cause why a PNCO should not be issued and hold a show‑cause hearing as part of sentencing.
- The victim, the victim’s immediate family, or both have the right to be heard at that hearing.
- Standard for issuance: the judge must find reasonable grounds that the victim (or immediate family) reasonably fears future contact from the defendant; findings must be entered in writing.
- Remedies available in the order (examples): injunctions against threats, visits, harassment, physical harm; prohibitions on following or contacting the victim(s); exclusions from residences/workplaces/schools; any other relief the court deems appropriate.
- Incorporation and duration: the PNCO is incorporated into the criminal judgment and lasts for the defendant’s lifetime.
- Modification or rescission: either the State (at victim’s request) or the defendant may move to rescind or modify the PNCO; court may rescind/modify if it finds the reasonable‑fear basis no longer exists.
- Additional procedural details: if family members are included, they must be specifically identified in the order.
Key provisions — Child Abuse (amendment to G.S. 14‑318.4)
- New/clarified felony offense: any parent, legal guardian, or other person providing care or supervision of a child under 16 who commits, permits, or allows any sexual act upon the child is guilty of a Class D felony.
- Other resentencing/clarifying changes retained or refined in the statute:
- Class D felony for intentionally inflicting serious physical injury (subject to other subsections) with escalated classes (e.g., Class B2) where serious bodily injury, permanent impairment, or prolonged harm results.
- Provisions addressing coercion into prostitution and other aggravated/neglect-related child abuse offenses remain and are clarified.
- “Grossly negligent omission” is defined to include failure to report a missing child under specified statute.
- Uses clearer language to identify actors (parents, legal guardians, any caregiver/supervisor) and to ensure liability where the caregiver allows sexual acts against the child.
Who is affected
- Victims and their immediate family (who can be included in lifetime no‑contact protection).
- Defendants convicted of covered sex/violent offenses (potential lifetime injunctions and related restrictions).
- Parents, guardians, and other caregivers or supervisors of children under 16 (new or clarified criminal exposure for allowing sexual acts).
- Prosecutors, sentencing judges, defenders, law enforcement, and victim‑service providers (new hearing procedures, documentation, and enforcement needs).
- Courts (must incorporate PNCOs into judgments, make written findings, and process motions to modify/rescind).
Enforcement, penalties, and practical effect
- PNCOs are entered as part of the criminal judgment; violations would expose the defendant to contempt or additional criminal sanction per applicable law (not further specified in this bill language).
- Child‑abuse changes create explicit felony liability (Class D and higher in aggravated cases) for caregivers who commit, permit, or allow sexual acts; penalties follow existing felony classification scheme under state law.
- The bill increases the legal tools available to protect victims after conviction and clarifies caregiver criminal liability for sexual abuse of minors — likely increasing prosecutions in caregiver‑involved sexual abuse cases and requiring courts to conduct show‑cause proceedings at sentencing.
Procedural / timeline points
- Effective date (per bill text): December 1, 2025; applies to offenses committed on or after that date.
- PNCO is adjudicated as part of sentencing (show‑cause hearing incorporated into sentencing procedures).
- Post‑issuance motions to rescind/modify may be filed by State (at victim’s request) or defendant; court determines whether fear persists.
Limitations & questions for implementation
- The bill text ties PNCO issuance to sentencing; it does not explicitly create a standalone civil avenue for victims to seek lifetime exclusion outside of sentencing.
- Enforcement mechanisms and penalties for PNCO violation would operate under existing contempt/criminal statutes; implementing guidance will be needed for judicial officers and law enforcement.
- Prosecutors will need protocols for requesting PNCOs and presenting evidence at show‑cause hearings; courts will need forms and processes to identify and list immediate family members when included.
Bottom line
HB 182 (as drafted) strengthens victim protection by authorizing lifetime no‑contact injunctions at sentencing for certain sex/violent convictions and enlarges criminal liability for parents/caregivers who commit, permit, or allow sexual acts against children under 16. It creates new sentencing‑stage procedures (show‑cause hearings with victims’ participation), imposes lifetime restrictions incorporated into judgments, and clarifies child‑abuse felonies to hold caregivers criminally accountable.
Compiled from official sources — confirm details with the bill’s official record.
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