GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
H	2
HOUSE BILL 93
 Committee Substitute Favorable 3/28/01

Short Title:	Expand Child Abuse Definition.	()	
Sponsors:	     	
Referred to:	     	
February 12, 2001

A BILL TO BE ENTITLED
AN ACT TO EXPAND THE DEFINITION OF CHILD ABUSE TO INCLUDE CASES WHERE A CARETAKER OR OTHER PERSON PERSISTENTLY FABRICATES or misrepresents MEDICAL ILLNESS IN THE CHILD IN ORDER TO OBTAIN OTHERWISE UNNEcessary MEDICAL CARE.

The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 7B‑101(1) reads as rewritten:
"(1)	Abused juveniles. – Any juvenile less than 18 years of age whose parent, guardian, custodian, or caretaker:
a.	Inflicts or allows to be inflicted upon the juvenile a serious physical injury by other than accidental means;
b.	Creates or allows to be created a substantial risk of serious physical injury to the juvenile by other than accidental means;
c.	Uses or allows to be used upon the juvenile cruel or grossly inappropriate procedures or cruel or grossly inappropriate devices to modify behavior;
d.	Commits, permits, or encourages the commission of a violation of the following laws by, with, or upon the juvenile: first‑degree rape, as provided in G.S. 14‑27.2; second degree rape as provided in G.S. 14‑27.3; first‑degree sexual offense, as provided in G.S. 14‑27.4; second degree sexual offense, as provided in G.S. 14‑27.5; sexual act by a custodian, as provided in G.S. 14‑27.7; crime against nature, as provided in G.S. 14‑177; incest, as provided in G.S. 14‑178 and G.S. 14‑179; preparation of obscene photographs, slides, or motion pictures of the juvenile, as provided in G.S. 14‑190.5; employing or permitting the juvenile to assist in a violation of the obscenity laws as provided in G.S. 14‑190.6; dissemination of obscene material to the juvenile as provided in G.S. 14‑190.7 and G.S. 14‑190.8; displaying or disseminating material harmful to the juvenile as provided in G.S. 14‑190.14 and G.S. 14‑190.15; first and second degree sexual exploitation of the juvenile as provided in G.S. 14‑190.16 and G.S. 14‑190.17; promoting the prostitution of the juvenile as provided in G.S. 14‑190.18; and taking indecent liberties with the juvenile, as provided in G.S. 14‑202.1, regardless of the age of the parties;
e.	Creates or allows to be created serious emotional damage to the juvenile; serious emotional damage is evidenced by a juvenile's severe anxiety, depression, withdrawal, or aggressive behavior toward himself or others; 
f.	Encourages, directs, or approves of delinquent acts involving moral turpitude committed by the  juvenile; or
g.	Persistently fabricates or misrepresents medical illness in the juvenile, either by producing or simulating the illness or both, in order to obtain otherwise unnecessary medical care."
SECTION 2. G.S. 14‑318.4 is amended by adding a new subsection to read:
"(a4)	A parent, guardian, custodian, or caretaker of a child less than 16 years of age who persistently and intentionally fabricates or misrepresents medical illness in the child, either by producing or simulating the illness or both, in order to obtain otherwise unnecessary medical care is guilty of a Class E felony."
SECTION 3.  This act becomes effective December 1, 2001, and applies to actions that take place after that date.