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North Carolina General Statutes § 14-202.5 Ban use of commercial social networking Web sites by sex offenders

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(a)        Offense. - It is unlawful for a sex offender who is registered in accordance with Article 27A of Chapter 14 of the General Statutes to access a commercial social networking Web site where the sex offender knows that the site permits minor children to become members or to create or maintain personal Web pages on the commercial social networking Web site.

(b)        For the purposes of this section, a "commercial social networking Web site" is an Internet Web site that meets all of the following requirements:

(1)        Is operated by a person who derives revenue from membership fees, advertising, or other sources related to the operation of the Web site.

(2)        Facilitates the social introduction between two or more persons for the purposes of friendship, meeting other persons, or information exchanges.

(3)        Allows users to create Web pages or personal profiles that contain information such as the name or nickname of the user, photographs placed on the personal Web page by the user, other personal information about the user, and links to other personal Web pages on the commercial social networking Web site of friends or associates of the user that may be accessed by other users or visitors to the Web site.

(4)        Provides users or visitors to the commercial social networking Web site mechanisms to communicate with other users, such as a message board, chat room, electronic mail, or instant messenger.

(c)        A commercial social networking Web site does not include an Internet Web site that either:

(1)        Provides only one of the following discrete services: photo-sharing, electronic mail, instant messenger, or chat room or message board platform; or

(2)        Has as its primary purpose the facilitation of commercial transactions involving goods or services between its members or visitors.

(d)       Jurisdiction. - The offense is committed in the State for purposes of determining jurisdiction, if the transmission that constitutes the offense either originates in the State or is received in the State.

(e)        Punishment. - A violation of this section is a Class I felony.  (2008-218, s. 6; 2009-570, s. 4.)

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Last modified: March 23, 2014