North Carolina General Statutes 90-210.25B. Persons who shall not be licensed under this Article
(a) The board shall not issue or renew any licensure, permit, or registration to any person or entity who has been convicted of a sexual offense against a minor.
(b) For purposes of this Article, the term “sexual offense against a minor” means a conviction of any of the following offenses: N.C. Gen. Stat. § 14-27.23 (statutory rape of a child by an adult), N.C. Gen. Stat. § 14-27.25(a) (statutory rape of a person who is 15 years of age or younger and where the defendant is at least six years older), 14-27.28 (statutory sexual offense with a child by an adult), N.C. Gen. Stat. § 14-27.30 (statutory sexual offense with a person who is 15 years of age or younger and where the defendant is at least six years older), N.C. Gen. Stat. § 14-190.16 (first-degree sexual exploitation of a minor), N.C. Gen. Stat. § 14-190.17 (second degree sexual exploitation of a minor), N.C. Gen. Stat. § 14-190.17A (third degree sexual exploitation of a minor), N.C. Gen. Stat. § 14-190.18 (promoting prostitution of a minor), N.C. Gen. Stat. § 14-190.19 (participating in prostitution of a minor), N.C. Gen. Stat. § 14-202.1 (taking indecent liberties with children), N.C. Gen. Stat. § 14-202.3 (solicitation of child by computer or certain other electronic devices to commit an unlawful sex act), N.C. Gen. Stat. § 14-202.4(a) (taking indecent liberties with a student), N.C. Gen. Stat. § 14-318.4(a1) (parent or caretaker commit or permit act of prostitution with or by a juvenile), or N.C. Gen. Stat. § 14-318.4(a2) (commission or allowing of sexual act upon a juvenile by parent or guardian). The term shall also include a conviction of the following: any attempt, solicitation, or conspiracy to commit any of these offenses or any aiding and abetting any of these offenses. The term shall also include a conviction in another jurisdiction for an offense which if committed in this State has the same or substantially similar elements to an offense against a minor as defined by this section.
(c) If a person or entity holding a license, permit, or registration in another jurisdiction has the license revoked, suspended, or placed on probation because of a felony conviction other than those enumerated above, the board shall impose a sanction equal to or greater than to the sanction imposed by the other jurisdiction.
(d) If a person or entity holding a license, permit, or registration in another jurisdiction has the license revoked, suspended, or placed on probation because of conduct related to fitness to practice as described in N.C. Gen. Stat. § 90-210.25(e), the board shall impose a sanction equal to or greater than the sanction imposed by the other jurisdiction. ?(2012-194, s. 71; 2015-62, s. 1(c); 2015-181, ss. 45, 47.)
Terms Used In North Carolina General Statutes 90-210.25B
- Board: means the North Carolina Board of Funeral Service. See North Carolina General Statutes 90-210.20
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3