(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