House committee substitute to the 1st edition makes the following changes. Modifies the term eligible person under the definitions provision of new Article 51A, the Prevent Sexual Exploitation of Women and Minors Act,” so that it (1) is no longer limited to a pornographic image published to an online entity and (2) does not include a law enforcement officer acting pursuant to a valid court order. Includes tattoos as an identifying marking of an individual under the term intimate visual depiction. Removes term news gathering organization.
Removes provisions requiring the Attorney General to create or approve a consent form under GS 66-506 so that the online entity operator just needs to obtain written consent as directed by the statute. Extends standing under GS 66-507 to law enforcement officers acting pursuant to a valid court order for requests to an online operator to remove a pornographic image being hosted with the consent of the individual depicted in the pornographic image. Removes provisions in GS 66-509 (enforcement) creating a Class A1 misdemeanor for violations of the act. Removes provisions providing a private right of action for violations of GS 66-507(d) with respect to a pornographic image (requests for removal by third parties who are not eligible persons). Specifies, in the private right of action for violations of the article, that the $10,000 daily damages for which a pornographic image remains online in violation of new Article 51A should be calculated on a per day and per image basis. Require a prevailing eligible person to be awarded attorneys' fees.
Makes clarifying, technical, and conforming changes, including to act’s effective date.