New criminal laws prohibit revenge porn, limit license plate readers, change gun rules

RALEIGH, N.C. — New laws aimed at curbing the abuse of mentally disabled patients, making certain acts of graffiti vandalism a felony and making it a felony to assault a hospital worker who is on the job are among dozens that go into effect in December.

BURT'S LAW: Senate Bill 445 is named "Burt's Law" after Burt Powell, a young man with developmental disabilities who was sexually abused over the course of a year by a manager in a Conover nursing home. The measure makes it a crime for any staffer or volunteer in an adult care home for those with mental illness or developmental disabilities to fail to report abuse or physical harm to a resident. Covered individuals must now notify the Division of Social Services, local law enforcement or the local district attorney's office within 24 hours of the incident. The legislation also increases the penalties for intentionally injuring residents and for taking their personal property.

SEX ABUSE: House Bill 113 makes it a felony for teachers, coaches and other school personnel who are less than four years older than a victim to engage in sex acts with a student. The bill also requires the sheriffs in a county where a college or university is based to "provide a report containing sex offender registry information for any registrant that has stated that they are a student or employee, or expected to become such, of that higher education institution."

E-LIQUID CONTAINERS: Senate Bill 286 requires that the small vials of fluid that are used in vapor products or electronic cigarettes must have child-proof caps if they contain nicotine. Violating the statute is a Class A1 misdemeanor and makes the violator subject to damages to someone harmed by an improper container. Sen. Stan Bingham, R-Davidson, brought the measure forward after children in other states were harmed by drinking the flavored liquid.

STATE FAIR RIDES: A 2013 accident during the North Carolina State Fair has led to a new law creating penalties for those who tamper with the safety devices on amusement rides. Two years ago, a ride called the Vortex sent five people to WakeMed after, investigators said, the operators of the machine bypassed automatic shutoff switches. The new bill makes ride operators liable for fines and criminal penalties if they are caught doing something similar. Those fines and penalties increase if someone is injured as a result.

DESIGNER DRUGS: House Bill 341 adds 12 "NBOMe" compounds, which are synthetic hallucinogens that mimic the effects of LSD, to North Carolina's schedule of Schedule 1 controlled substances. Certain variants of Ritalin, a stimulant, would be added to a list of drugs subject to lesser restrictions.

LICENSE PLATE READERS: Senate Bill 182 regulates the use of automatic license plate readers by police, sheriff's departments and other law enforcement agencies. The law prohibits law enforcement from keeping records of when a car passed by a particular location for more than 90 days. The exception would be cases where a law enforcement agencies ask in writing that a particular set of information be retained if they are able to show "reasonable grounds to believe that the captured plate data is relevant and material to an ongoing criminal or missing persons investigation."

NEW GUN LAWS: House Bill 562 limits the background checks sheriffs can conduct on those applying for a pistol purchase permit, the paperwork needed to buy a handgun for those who don't have a concealed handgun permit. Under the bill, sheriffs will be allowed to look at only five years of a person's history when deciding if they meet the "good moral character" provisions laid out for obtaining a permit to buy a handgun. As passed, the bill did not include controversial provisions that would have eliminated the state's pistol purchase permit system entirely.

REVENGE PORN: House Bill 792 would make it a felony to post explicit photos or video of anyone without his or her consent if the posting is intended to harass, extort or intimidate the victim. It would also give victims the right to sue perpetrators for damages. The common term for these offenses is "revenge porn" because it is often committed by people who have broken up by those whose pictures and videos they are posting.

DOCTORS AND MEMBERS OF THE NATIONAL GUARD: Two separate bills create new crimes for felony assault. House Bill 691 makes it a felony to assault a member of the National Guard who is discharging his or her official duties. House Bill 560 makes it a felony to assault a doctor or other licensed health care provider who is discharging his or her duties at a hospital.

CYBERSTALKING: Senate Bill 238 adds GPS tracking to to the definition of "cyberstalking," which is a Class 2 misdemeanor under state law. Parents would also still be allowed to use GPS devices to track their children's locations, and people can still put GPS devices on their own vehicles, as long as their intent is not to track another adult. But it would be illegal to use a GPS tracker or similar technology to keep tabs on an adult.