Duty LXD-6028
Publishes adult content, in North Carolina
Each law's tag says when it binds: since in force proposed proposed
Identity Theft Protection Act, destruction of personal information recordssince 4 lines
N.C. Gen. Stat. section 75-64 (Chapter 75, Article 2A, added by S.L. 2005-414, s. 1) · Read the law's page
- This binds any business that conducts business in North Carolina, or that maintains or otherwise possesses personal information of a North Carolina resident, when the business or a records-destruction vendor it uses disposes of records containing that information; a bank or financial institution already complying with the Gramm-Leach-Bliley Act's privacy and security provisions, a HIPAA-compliant health insurer or health care facility, and a consumer reporting agency already complying with the Fair Credit Reporting Act are each excepted.
- Take reasonable measures to protect against unauthorized access to or use of personal information in connection with or after its disposal: burn, pulverize, or shred paper records, and destroy or erase electronic and other nonpaper media, so the information cannot practicably be read or reconstructed, under written policies that describe the destruction procedure and are monitored for compliance.
- Where a records-destruction vendor is used, conduct due diligence before contracting with it, such as reviewing an independent audit of the vendor's operations, checking its trade certification, or evaluating its information-security procedures, and monitor its ongoing compliance.
- A person injured by a violation may bring a civil action under G.S. 75-16 for treble the damages found; treble damages for a nonmanagerial employee's own acts or omissions apply only if the business was negligent in training, supervising, or monitoring that employee, and the Attorney General may also sue to enjoin a violation as an unfair or deceptive trade practice under G.S. 75-1.1.
HB 8, Pornography Age Verification Enforcement (PAVE) Actsince 3 lines
N.C. Gen. Stat. ch. 66, art. 51, sections 66-500 to 66-501 (Session Law 2023-132) · Read the law's page
- Applies to commercial entities that knowingly publish or distribute material harmful to minors from a website where more than one third of the content meets that definition.
- Verify that visitors are 18 or older using a commercial database or another commercially reasonable method.
- Do not retain identifying information after access is granted.
AI-Generated Intimate Images and Child Sexual Abuse Material (Session Law 2024-37, HB 591)since 3 lines
N.C. Sess. Law 2024-37 (H.B. 591); N.C. Gen. Stat. §§ 14-190.5A, 14-190.13 · Read the law's page
- Do not knowingly disclose, without the depicted person's consent, a realistic AI-generated or AI-modified image depicting them nude or engaged in sexual conduct, if you intend to coerce, harass, intimidate, demean, humiliate, or cause financial loss to them.
- Do not create, adapt, or distribute an AI-generated or AI-modified visual depiction that meets North Carolina's definition of child sexual abuse material; the same offenses that apply to a real photograph apply to a realistic AI-generated depiction of an identifiable minor.
- A person whose image you disclose in violation of this law can also sue you for liquidated damages of at least the higher of one thousand dollars per day of violation or ten thousand dollars, plus punitive damages and attorneys' fees.
HB 805, Prevent Sexual Exploitation of Women and Minors Actsince 5 lines
N.C. Gen. Stat. ch. 66, art. 51A, sections 66-505 to 66-510 (Session Law 2025-84) · Read the law's page
- Applies to operators of websites and apps that publish pornographic images; the age check is on the people depicted, not on visitors.
- Before publication, verify that every individual depicted was at least 18 when the image was created and gave explicit written consent to each act and to distribution, backed by a signed consent form and matching government-issued identification.
- Display removal instructions.
- Remove an image within 72 hours of a request from a depicted individual or law enforcement.
- Block removed images from re-publication.
House Bill 375 — Artificial Intelligence and Synthetic Media Actproposed2 lines
N.C. H.B. 375 (2025-2026 Session)
- This measure is in committee and binds nobody yet; what follows is what it would require if it is enacted in this form.
- Provide clear AI-generated labeling when distributing materially deceptive media within 90 days of an election.