North Carolina § 90-210 - 25B. Persons who shall not be licensed under this Article.

§ 90-210. 25B. Persons who shall not be licensed under this Article.

The board shall not issue or renew any licensure, permit, or registration to any person or entity who has been convicted of a sexual offense against a minor. For purposes of this Article, the term "sexual offense against a minor" means a conviction of any of the following offenses: G.S. 14-27.23 (statutory rape of a child by an adult), G.S. 14-27.25(a) (statutory rape of a person who is 15 years of age or younger and where the defendant is at least six years older), 14-27.28 (statutory sexual offense with a child by an adult), G.S. 14-27.30 (statutory sexual offense with a person who is 15 years of age or younger and where the defendant is at least six years older), G.S. 14-190.16 (first-degree sexual exploitation of a minor), G.S. 14-190.17 (second degree sexual exploitation of a minor), G.S. 14-190.17A (third degree sexual exploitation of a minor), G.S. 14-190.18 (promoting prostitution of a minor), G.S. 14-190.19 (participating in prostitution of a minor), G.S. 14-202.1 (taking indecent liberties with children), G.S. 14-202.3 (solicitation of child by computer or certain other electronic devices to commit an unlawful sex act), G.S. 14-202.4(a) (taking indecent liberties with a student), G.S. 14-318.4(a1) (parent or caretaker commit or permit act of prostitution with or by a juvenile), or G.S. 14-318.4(a2) (commission or allowing of sexual act upon a juvenile by parent or guardian). The term shall also include a conviction of the following: any attempt, solicitation, or conspiracy to commit any of these offenses or any aiding and abetting any of these offenses. The term shall also include a conviction in another jurisdiction for an offense which if committed in this State has the same or substantially similar elements to an offense against a minor as defined by this section. If a person or entity holding a license, permit, or registration in another jurisdiction has the license revoked, suspended, or placed on probation because of a felony conviction other than those enumerated above, the board shall impose a sanction equal to or greater than to the sanction imposed by the other jurisdiction. If a person or entity holding a license, permit, or registration in another jurisdiction has the license revoked, suspended, or placed on probation because of conduct related to fitness to practice as described in G.S. 90-210.25(e), the board shall impose a sanction equal to or greater than the sanction imposed by the other jurisdiction. History (2012-194, s. 71; 2015-62, s. 1(c); 2015-181, ss. 45, 47.) Editor's Note. - Section 14-190.18, referred to in subsection (b), was repealed by Session Laws 2013-368, s. 4, effective October 1, 2013. For present similar provisions, see G.S. 14-205.3 . Section 14-190.19, referred to in subsection (b), was repealed by Session Laws 2013-368, s. 4, effective October 1, 2013. For present similar provisions, see G.S. 14-205.3 . Session Laws 2015-62, s. 1(d), made the amendment to subsection (b) of this section by Session Laws 2015-62, s. 1(c), applicable to offenses committed on or after December 1, 2015. Session Laws 2015-181, s. 47, provides: "The Revisor of Statutes may correct statutory references, as required by this act, throughout the General Statutes. In making the changes authorized by this act, the Revisor may also adjust the order of lists of multiple statutes to maintain statutory order, correct terms, make conforming changes to catch lines and references to catch lines, and adjust subject and verb agreement and the placement of conjunctions." Pursuant to this authority, the Revisor of Statutes conformed terminology in subsection (b). Session Laws 2015-181, s. 48, made the amendments to this section by Session Laws 2015-181, s. 45, applicable to offenses committed on or after December 1, 2015. Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions. Effect of Amendments. - Session Laws 2015-62, s. 1(c), effective December 1, 2015, substituted "15 years of age or younger and" for "13, 14, or 15 years old where" in subdivision (b). For applicability, see editor's note. Session Laws 2015-181, s. 45, effective December 1, 2015, rewrote the first sentence of subsection (b). For applicability, see editor's note.