Enacts Article 51A, titled the “Prevent Sexual Exploitation of Women and Minors Act,” to GS Chapter 66, as follows. Defines fourteen terms including online entity (an individual or group of individuals working together or an entity as defined in GS 66-500, concerning commercial publication and distribution of material harmful to minors), online entity operator (a provider for an online entity), pornographic image (a visual depiction of actual or feigned sexual activity or an intimate visual depiction), and eligible person (with respect to a pornographic image published to an online entity, includes (1) an individual depicted in the pornographic image who has not provided consent, or who has withdrawn consent in compliance with the laws applicable to the jurisdiction, for the distribution of the pornographic image; (2) an authorized representative; or (3) a law enforcement officer acting pursuant to a valid court order).
Prevents an online entity operator from acting to publish or allow a user to publish a pornographic image to the online entity unless the operator has verified that each individual appearing in the pornographic image: (1) was not less than 18 years of age when the image was created; (2) has provided explicit written evidence of consent for each act of sexual activity in which the individual engaged during the creation of the pornographic image; and (3) has provided explicit written consent for the distribution of the specific pornographic image. Clarifies that a consent to the sexual act does not constitute consent to the distribution of the pornographic image. Provides for the evidence of consent to be obtained through a form prepared by the Office of the Attorney General (AG), as described. Requires the online entity operator to produce at least one form of valid identification for each individual appearing in the pornographic image as described. Tasks the AG with adopting rules to implement the Article.
Requires an online entity operator to establish a procedure for removing a pornographic image from the online entity in GS 66-507 at the request of a person and to designate one or more employees of the operator to be responsible for handling requests for removal of pornographic images. Requires that the online entity post prominent notice on its website on how to request removal of pornographic images. Requires the operator to remove the pornographic image as quickly as possible, but in any event not later than 72 hours after receiving the request if made by an eligible person. Establishes review procedures if the request is received by a person other than an eligible person. Directs the online entity to temporarily remove the image if a question arises as to the consent of a performer. Requires the online operator to block the pornographic image, and any altered or edited version of the pornographic image, from being distributed on or published to the online entity again. Bars a user of an online entity from distributing or publishing a pornographic image of an individual to the online entity without the consent of the individual in GS 66-508.
Provides for enforcement of the Article by civil penalties on a per day and per image basis in GS 66-509. Designates violations of the Article a Class 1 misdemeanor. Caps penalties brought by the AG at $10,000 for each day the image remains on the online entity. Allows for a civil action brought by an eligible person harmed by the online image with damages in the greater of (1) $10,000 for each day during which an online image remains on the online entity calculated on a per day and per image basis or (2) actual damages. Provides for attorneys’ fees for a prevailing eligible person. Allows for civil penalties capped at $10,000 for each day that an online entity’s failure to provide the required notice, discussed above. Allows for civil penalties capped at $5,000 for each day that an online entity fails to remove a pornographic image upon request by an eligible person. If an online entity fails to undergo the specified review procedures upon request for removal of a pornographic image from a person other than an eligible person, then allows for an eligible person to bring a civil action against the online entity operator in the appropriate district court of the United States for damages in the greater of (1) $10,000 for each day during which an online image remains on the online entity calculated on a per day and per image basis or (2) actual damages. Excludes an online entity operator from liability under the Article if they reasonably relied upon verification materials, so long as the operator removes the pornographic materials not later than 24 hours after receiving notice that the verification materials violate the Article.
If an online entity operator violates this Article with respect to a pornographic image, allows any eligible person to bring a civil action against the online entity operator for damages in an amount equal to the greater of (1) $10,000 for each day during which the pornographic image remains on the online entity in violation of this Article or (2) actual damages. If a user of an online entity violates this Article with respect to a pornographic image, authorizes any eligible person to bring a civil action against the user for damages in an amount equal to the greater of (1) $10,000 for each day during which the pornographic image remains on the online entity in violation of this Article, calculated on a per day and per image basis or (2) actual damages.
Contains severability clause.
Effective December 1, 2025, and applies to acts or omissions occurring before, on, or after that date; except that prosecutions under GS 66-510 (appears to intend GS 66-509), as enacted by the act, may be brought only for acts or omissions occurring on or after that date.