North Carolina lawmakers this week approved House Bill 805, a wide-ranging and controversial measure that introduces some of the most restrictive regulations on adult content in the country, while also enshrining binary definitions of sex in state law and expanding parental control over educational content. The bill now awaits action by Governor Josh Stein, a Democrat who has not yet indicated whether he will sign or veto the legislation.

The bill, formally titled the “Prevent Sexual Exploitation of Women and Minors Act,” includes a series of measures that industry experts warn could have a chilling effect on adult websites and creators. Among its most sweeping provisions is a requirement for platforms to:

• Verify performers’ age and consent beyond federal standards.
• Obtain explicit written consent for each sexual act depicted and for the content’s distribution.
• Honor any performer’s request to withdraw consent, regardless of contractual obligations, mandating the removal of content within 72 hours.

The law further allows any individual, not just those depicted, to file consent or age-related challenges, automatically triggering a review. The language stating content must be removed “if any question arises” about consent has raised alarm about potential abuse of the takedown process, particularly in the absence of any appeal mechanism.

“This could result in the systematic removal of lawful content simply to avoid liability,” said attorney Lawrence Walters, who noted similarities to the effects of FOSTA/SESTA, federal legislation that led many platforms to censor adult content.

The Free Speech Coalition warned that the law’s burdensome documentation requirements and lack of legal safeguards could cause adult sites to ban most content and creators altogether, especially those lacking the resources to build extensive verification infrastructure.

Legislation Broadens to Include Gender and Education Provisions
In a late addition, HB 805 was amended to include unrelated provisions defining sex as a biological binary, targeting gender-affirming care, and expanding parental control over school materials. These changes include:

• Barring K-12 schools from placing male and female students in the same overnight accommodations.
• Prohibiting the use of state funds for gender transition procedures in correctional facilities.
• Allowing individuals who underwent such procedures to sue the state for up to 10 years.
• Requiring public school libraries to publish searchable online catalogs and allowing parents to block access to materials they find objectionable.

Supporters of the bill, including conservative advocacy groups like Moms for Liberty and the NC Values Coalition, framed the legislation as protecting families, women, and children from exploitation and inappropriate influences. “This comprehensive bill helps make North Carolina a state where families can thrive,” said Tami Fitzgerald, the Coalition’s executive director.

Opposition Highlights Dangers to Civil Liberties and Trans Rights
Critics argue that HB 805 is legally overreaching, constitutionally suspect, and socially damaging. Rep. Deb Butler (D–New Hanover) condemned the legislation for attacking transgender youth and overriding medical science. “This is not about safety, it’s about controlling people’s bodies,” she said during the floor debate.

LGBTQ+ advocates have also pointed out the timing of the bill’s passage, just days after Governor Stein proclaimed June 2025 as LGBTQ+ Pride Month in North Carolina, as particularly contentious. The bill’s definitions of sex explicitly reject gender identity, stating that it “shall not be treated as legally or biologically equivalent to sex.”

“This law directly targets transgender, nonbinary, and adult content creators, and threatens free expression and digital privacy in unprecedented ways,” said Mike Stabile, director of public policy for the Free Speech Coalition.

HB 805 passed largely along party lines, though a few Democrats crossed the aisle to support the measure. That cross-party support may be enough to override a veto if Governor Stein chooses not to sign.

The governor now has 10 days from the bill’s presentation (expected on May 17) to sign, veto, or allow it to become law without his signature. Republicans hold a veto-proof majority in both chambers, with 30–20 control in the Senate and 71–49 in the House.

Should the bill become law, North Carolina would join a growing number of states implementing strict online age verification and adult content laws, though no other state has combined such policies with anti-trans and parental rights provisions in a single bill.