House passes bill tightening offenses for disseminating obscenity and creating habitual indecent exposure offenses

Representative Torbett introduced House Bill 83, saying the measure responded to a constituent whose daughter repeatedly received obscene material from an out-of-state offender. Torbett said the bill "amends the offense of disseminating obscenity to minors to include dissemination to any minor if the offender is at least 4 years older than the minor" and requires courts to consider whether a defendant should be ordered to register as an offender where listed offenses apply.

The sponsor told members the bill also creates new offenses for "habitual indecent exposure and aggravated habitual indecent exposure" and would require registration for those offenses if convicted. Members questioned whether section 4 — which elevates habitual indecent exposure after repeated incidents to a felony level — matched sentencing policy and whether it blurred lines between casual public acts and criminal exposure. Representative Morey said the proposed class E felony could be "grossly outside what the sentencing guidelines would be" and urged reconsideration of that section unless it is clarified or removed.

Representative McNeil asked why the bill uses a four-year age gap; Torbett said the gap reflected input from law enforcement and was intended to distinguish peer conduct from predatory conduct. Representative Moore (Durham) argued the statute's elements for indecent exposure require willful exposure in public and in the presence of another person; she said the statute does not require sexual gratification as an element. Representative Cunningham and others asked questions about the mens rea (knowledge) element for exhibiting or disseminating harmful performances to minors; the sponsor and other members clarified that the bill requires knowledge of the content and a reasonable-person standard for what is harmful.

After floor debate and consideration of committee amendments, the House recorded a second-reading roll-call: 107 in favor and 9 opposed. The committee substitute cleared third reading without recorded roll-call and was ordered sent to the Senate.

Why it matters: The bill increases penalties and creates new offenses intended to address online and in-person exposure of minors to obscene or harmful material and adds registration considerations; several members warned parts of the measure deserved additional review to align with sentencing guidelines and to avoid capturing minor or non-sexual conduct.

Votes at a glance

- House Committee Substitute to House Bill 83 — second reading recorded 107 yes, 9 no; later passed third reading and ordered to the Senate.

Speakers quoted in this article are listed in the speakers section below.