§ 14-208.15A. Release of online identifiers to entity; fee.
§ 14‑208.15A. Releaseof online identifiers to entity; fee.
(a) The Division mayrelease registry information regarding a registered offender's onlineidentifier to an entity for the purpose of allowing the entity to prescreenusers or to compare the online identifier information with information held bythe entity as provided by this section.
(b) An entity desiringto prescreen its users or compare its database of registered users to the listof online identifiers of persons in the statewide registry may apply to theDivision to access the information. An entity that complies with the criteriadeveloped by the Division regarding the release and use of the onlineidentifier information and pays the fee may screen new users or compare itsdatabase of registered users to the list of online identifiers of persons inthe statewide registry as frequently as the Division may allow for the purposeof identifying a registered user associated with an online identifier containedin the statewide registry.
(c) The Division maycharge an entity that submits a request for the online identifiers of personsin the statewide registry an annual fee of one hundred dollars ($100.00). Feescollected under this section shall be credited to the Department of Justice andapplied to the cost of providing this service.
(d) The Division shalldevelop standards regarding the release and use of online identifierinformation. The standards shall include a requirement that the informationobtained from the statewide registry shall not be disclosed for any purposeother than for prescreening its users or comparing the database of registeredusers of the entity against the list of online identifiers of persons in thestatewide registry.
(e) An entity thatreceives:
(1) A complaint from auser of the entity's services that a person uses its service to solicit a minorby computer to commit an unlawful sex act as defined in G.S. 14‑202.3, or
(2) A report that a usermay be violating G.S. 14‑190.17 or G.S. 14‑190.17A by posting ortransmitting material that contains a visual representation of a minor engagedin sexual activity,
shall report that information andthe online identifier information of the person allegedly committing theoffense, including whether that online identifier is included in the statewideregistry, to the Cyber Tip Line at the National Center for Missing andExploited Children, which shall forward that report to an appropriate lawenforcement official in this State. The offense is committed in the State forpurposes of determining jurisdiction, if the transmission that constitutes theoffense either originates in the State or is received in the State.
(f) An entity thatcomplies with this section in good faith is immune from civil or criminalliability resulting from either of the following:
(1) The entity's refusalto provide system service to a person on the basis that the entity reasonablybelieved that the person was subject to registration under State sex offenderregistry laws.
(2) A person's criminalor tortious acts against a minor with whom the person had communicated on theentity's system. (2008‑220,s. 9; 2009‑272, s. 2.)