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

§ 14‑202.5.  Ban use ofcommercial social networking Web sites by sex offenders.

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

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

(1)        Is operated by aperson who derives revenue from membership fees, advertising, or other sourcesrelated to the operation of the Web site.

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

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

(4)        Provides users orvisitors to the commercial social networking Web site mechanisms to communicatewith other users, such as a message board, chat room, electronic mail, orinstant messenger.

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

(1)        Provides only one ofthe following discrete services: photo‑sharing, electronic mail, instantmessenger, or chat room or message board platform; or

(2)        Has as its primarypurpose the facilitation of commercial transactions involving goods or servicesbetween its members or visitors.

(d)        Jurisdiction. – Theoffense is committed in the State for purposes of determining jurisdiction, ifthe transmission that constitutes the offense either originates in the State oris received in the State.

(e)        Punishment. – Aviolation of this section is a Class I felony.  (2008‑218, s. 6; 2009‑570, s. 4.)