North Carolina § 110-20 - 1. Exhibition of certain children prohibited.

§ 110-20. 1. Exhibition of certain children prohibited.

Except to the extent otherwise provided in subsection (d) of this section, it is unlawful to exhibit publicly for any purpose, or to exhibit privately for the purpose of entertainment, or solely or primarily for the satisfaction of the curiosity of any observer, any child under the age of 18 years who has a mental illness or intellectual disability or who presents the appearance of having any deformity or unnatural physical formation or development, whether or not the exhibiting of the child is in return for a monetary or other consideration. It is unlawful to employ, use, have custody of, or in any way be associated with any child described in subsection (a) of this section for the purpose of an exhibition prohibited by subsection (a) of this section, or for one who has the care, custody, or control of the child as a parent, relative, guardian, employer, or otherwise, to neglect or refuse to restrain the child from participating in the exhibition. It is unlawful to procure or arrange for, or participate in procuring or arranging for, anything made unlawful by subsections (a) and (b) of this section. This section does not apply to the transmission of an image by television by a duly licensed television station, or to any exhibition by a federal, State, county, or municipal government, or political subdivision or agency thereof, or to any exhibition by any corporation, unincorporated association, or other organization organized and operated exclusively for religious, charitable, or educational purposes, no part of the net earnings of which inures to the benefit of any private shareholder or individual. Any violation of this Article is a Class 3 misdemeanor. Each day during which any violation of this Article continues after notice to the violator, from any county social services director, to cease and desist from any violation of this section is a separate and distinct offense. Any act or omission prohibited by this Article is, with respect to each child, a separate and distinct offense. History (1969, c. 457, s. 1; c. 982; 1993, c. 539, s. 821; 1994, Ex. Sess., c. 24, s. 14(c); 2018-47, s. 8.) Editor's Note. - Pursuant to former G.S. 108-1, "county social services director" has been substituted for "county welfare director" in the second sentence of subsection (e). Session Laws 2018-47, s. 15, provides: "This act does not affect the coverage, eligibility, rights, responsibilities, or provision of State or federal services or benefits for individuals who have been diagnosed with mental retardation and whose diagnosis has not been changed to a diagnosis of intellectual disability." Session Laws 2018-47, s. 16, made the amendment of this section by Session Laws 2018-47, s. 8, effective December 1, 2018, and applicable to offenses committed on or after that date. Effect of Amendments. - Session Laws 2018-47, s. 8, rewrote the section. For effective date and applicability, see editor's note. Opinions of Attorney General Television coverage of children in children's unit of charity hospital is not prohibited when programs are prepared for public or general benefit or for purposes of treatment of children. See opinion of Attorney General to Mr. S.S. Haney, 41 N.C.A.G. 590 (1971).