Restrictions on Drag Events for Children in NC
SB 579 in effect as of December 1st 2023, will restrict obscene exhibitions and literature for minors.
As of December 1st 2023, NC Senate Bill 579, known as Prevent Harm to Children, has taken effect. The bill was passed with a Senate vote of 42-0 and was signed into law by Governor Roy Cooper (D) on September 29th, 2023. The purpose of SB 579 is to increase the punishment for disseminating obscenity, to clarify restitution for sexual exploitation of minors and to change certain offenses related to public morality and decency.
Specifically, Section 3.(a) of the bill rewrites G.S. 14-190.1 Obscene literature and exhibitions, to state that it is unlawful for any person 18 years of age or older, firm, or corporation to intentionally disseminate obscenity. The following constitutes disseminating obscenity:
(1) Sells, delivers or provides or offers or agrees to sell, deliver or provide any obscene writing, picture, record or other representation or embodiment of the obscene; or
(2) Presents or directs an obscene play, dance or other performance or participates directly in that portion thereof which makes it obscene; or
3) Publishes, exhibits or otherwise makes available anything obscene; or
(4) Exhibits, presents, rents, sells, delivers or provides; or offers or agrees to exhibit, present, rent or to provide: any obscene still or motion picture, film, filmstrip, or projection slide, or sound recording, sound tape, or sound track, or any matter or material of whatever form which is a representation, embodiment, performance, or publication of the obscene.
Additionally, Section 3.(e) of the bill rewrites G.S. 14-190.9 Indecent exposure, to state, any person at least 18 years of age who shall willfully expose the private parts of his or her person in any public place in the presence of a minor for the purpose of arousing or gratifying sexual desire shall be guilty of a Class H felony. Furthermore, adults exposing private parts in a private residence of which they are not a resident and in the presence of a minor who is a resident of that private residence shall be guilty of a Class 2 misdemeanor. Section 3.(b) addresses allowing minors to intentionally participate in any act or thing that is considered an offense involving anything that can be defined as obscene within the definition.
Over the past several years there has been a rising trend of public spaces accommodating drag events intended for minors such as drag story hour. Additionally, all ages events like drag brunches and drag shows have allowed minors to attend. Events like these have been hosted by public libraries, museums, schools, restaurants and bars across North Carolina. Even with minors present, some of these events have been sexual in nature, including drag performers exposing private parts, sexually provocative dance routines, children participating in dances and performers accepting cash tips from minors. Some view these all ages drag events as harmless and support them in the name of diversity and inclusion. On the other hand, some view these events as sexually exploiting and sexualizing children. Of more concern is inviting potential child sex offenders into children’s spaces.
Possible future NC legislation is underway to expand the definition of adult live entertainment that will restrict drag performances. HB 673 will add to the definition of adult live entertainment to include “a performance featuring topless dancers, exotic dancers, strippers, or male or female impersonators who provide entertainment that appeals to a prurient interest, regardless of whether or not performed for consideration.” The bill will make it unlawful to engage in adult live entertainment on public property or in a location where the entertainment is in the presence of those under 18. HB 673 awaits action in the House Committee on Judiciary 2.
Adding to the concern over obscene exhibits is obscene literature for minors. Public schools have been found to have inappropriate and sexually explicit library books and age inappropriate curriculum. However when these books are challenged by parents, some school districts vote to keep them regardless of sexual content. Parents who object to age inappropriate books in schools have been labeled “book banners.” While challenged books have not been banned from publication, these books have been simply removed from some school libraries. Challenged books remain published and for sale in book stores and available for checkout in public libraries. SB 579 was established in part to protect children in schools from obscene materials.
In keeping with the newly enacted legislation SB 579 and NCGS Chapter 14, Article 26, drag performers and venues that host them may need to reconsider allowing minors to attend their events. School districts may consider auditing their libraries and curriculum for age inappropriate obscene books and materials that fall under the obscenities definition. Violators will be punished as a felony.