A bipartisan bill introduced in the North Carolina House this week would require adult websites to verify that all individuals depicted in pornographic content are over 18, gave written consent to perform in the video, and also consented to its distribution.

House Bill 805, titled the “Prevent Sexual Exploitation of Women and Minors Act,” was filed by Rep. Neal Jackson (R-Moore County) and co-sponsored by Rep. Laura Budd (D-Mecklenburg County). The legislation proposes new state-level obligations for websites that host adult content, exceeding current federal standards already in place under 18 U.S. Code § 2257.

Key Provisions of HB 805:

Adult website operators must verify and document that:

• All performers were at least 18 years old at the time the content was made.
• Each performer gave explicit written consent for every act of sexual activity depicted.
• Each performer also provided written permission for the content to be published or distributed.

Sites must provide a clearly visible notice explaining how individuals can request the removal of pornographic content.

If a removal request is received from someone alleging they did not consent—or from the performer themselves—the image or video must be taken down within 72 hours.

In cases where a performer’s consent is disputed, websites must temporarily remove the content while the matter is investigated.

Even in cases where the performer was of legal age and originally consented, a performer’s request alone is enough to trigger a mandatory takedown under the bill.

The law would be enforced by the state attorney general, who could impose civil penalties up to $10,000 per day for every image that remains in violation.

The proposed bill marks North Carolina’s latest foray into digital regulation in the name of protecting vulnerable populations, particularly minors. It also reflects increasing state-level scrutiny of online pornography, even as adult entertainment platforms have long operated under federal age-verification and consent-recording requirements.

Critics have noted that HB 805 could create a duplicative or potentially conflicting legal framework when compared to existing federal regulations. Moreover, the bill’s title has drawn some pushback for implying that sexual exploitation online is limited to women and minors, potentially overlooking broader dynamics within the adult industry.

HB 805 is significantly more stringent than 2257, emphasizing ongoing consent, performer control, and state enforcement. It reflects a broader trend of states creating their own digital safety frameworks—often overlapping with but extending beyond federal law.

⚖️ Potential Legal Tensions or Conflicts with Federal 2257 Law

• Federal Preemption: HB 805 could face legal scrutiny if it is seen as interfering with interstate commerce or conflicting with federal law.
• Free Speech Concerns: The “right to revoke consent after the fact” may raise First Amendment issues, especially for platforms hosting lawful adult content.
• Enforcement Ambiguity: Platforms accessible nationwide may struggle with state-by-state compliance, especially if different standards emerge.

The North Carolina proposal arrives amid a growing wave of state-level legislation targeting age verification, content moderation, and platform responsibility in adult content distribution. Bills recently introduced in Colorado, Texas, and North Carolina reflect a shifting national dialogue about online safety, performer protection, and regulatory enforcement in the digital age.

If enacted, HB 805 would place North Carolina among the most aggressive states in demanding documentation and takedown protocols from adult websites—measures that some advocates argue are necessary for performer safety, and others warn could chill constitutionally protected speech.

The bill is expected to receive committee review in the coming weeks.