14
Chapter 3: Restrictions on Offenders and Duties of the General Public Associated with the Registration Programs
G.S. § 14-27.4 --First degree sexual offense
•
G.S. § 14-27.4A--Sex offense
with a
child by adult offender
•
G.S. § 14-27.5--
Second degree sexual offense G.S. § 14-27.5A -
Sexual battery
•
G.S. § 14-27.6 --Attempted rape or sexual offense
•
G.S. § 14-27.7 --Intercourse and sexual offense with certain victims
•
G.S. § 14-27.7A(a)--
Statutory rape or sexual offense of person who is 13, 14, or
15 years-old when the defendant is at least six years older
Determining whether the victim of an offense was under the age of 16 years at the time
of the offense will sometimes require additional investigation into
the underlying circumstances
of the offense. However, some sex offenses in North Carolina always involve a victim who is
under the age of 16 years at the time of the offense. These include:
•
G.S. § 14-27.7A(a)--
Statutory rape or sexual offense of person who is 13, 14, or
15 years-old when the defendant is at least six years older
•
G.S. § 14-190.6--Employing or permitting a minor to assist in offenses against
public morality and decency
•
G.S. § 14-202.1--Taking indecent liberties with children
•
G.S. § 14-318.4(al)--Parent or caretaker committing, permitting, or encouraging
act of prostitution with or by a child less than 16 years of age
•
G.S. § 14-318.4(a2)--Parent or legal guardian
committing or allowing the
commission of any sexual act upon a child less than 16 years of age
It is unlawful for any such restricted offender to be:
(a)
On the premises of any place intended primarily for the use, care, or supervision
of minors. This includes, but is not limited to, schools, children’s museums, child
care centers, nurseries, and playgrounds.
(b)
Within 300 feet of any place intended primarily for the use, care, or supervision
of minors if the place is located on the premises of a place which is
not intended
primarily for these purposes.
(c)
At any place where minors gather for regularly scheduled educational,
recreational, or social programs.
The restriction does not apply to the parent or guardian of a student enrolled in a school who is
present on school property to attend a conference with school personnel to discuss the academic
or social progress of the student, or whose presence at the school has been requested by the
principal or a designee for any other reason relating to the welfare or transportation of the
student, but only if the parent or guardian complies with each of these notice and supervision
requirements:
(1)
The parent or guardian must give notice to the principal of the fact that he or she
is subject to registration under Article 27A.
(2)
The parent or guardian must give notice to the principal of his or her presence at
the school unless he or she has been granted permission
by the superintendent or
local board of education or has been granted ongoing permission for regular visits
of a routine nature by the principal.
(3)
At all times while on school property, the parent or guardian shall remain under
15
Chapter 3: Restrictions on Offenders and Duties of the General Public Associated with the Registration Programs
the direct supervision of school personnel, and may not enter onto school
property if no school personnel are reasonably available to supervise the parent or
guardian on any given occasion.
Other limited exceptions to the restrictions under G.S. § 14-208.18 include the following:
(a)
An offender who is eligible to vote may be present at a prohibited location if for
the purpose of voting at the person’s voting place. However,
the person may not
be outside the voting enclosure except for the purpose of entering and exiting the
voting place and, if the location is a school, the person must notify the principal
of the school that he or she is registered as a sex offender.
(b)
A person who is eligible under G.S. § 115C-378 to attend public school may be
present on school property if permitted by the local board of education pursuant
to G.S. § 115C-390.1 l(a)(2).
(c)
A juvenile offender may be present at a prohibited location for the purpose of
receiving medical treatment or mental health services,
so long as the juvenile
offender remains under the direct supervision of an employee of the treating
institution at all times.
(d)
An offender who is the parent or guardian of a minor may take the minor to any
location that can provide emergency medical care treatment if the minor is in
need of emergency medical care.
Restrictions on Access to Certain Social Networking Web Sites (G.S. § 14-202.5)
It is unlawful for an offender registered under Article 27A to access a commercial social
networking Web site when the offender knows that the site permits minor children to become
members or to create or maintain personal Web pages on the commercial social networking Web
site.
A “commercial social networking Web site” is an Internet Web site that meets all of the
following requirements:
(1)
Is operated by a person who derives revenue from membership fees, advertising,
or other sources related to the operation of the Web site.
(2) Facilitates
the
social
introduction between two or more persons for the purposes
of friendship, meeting other persons, or information exchanges.
(3)
Allows users to create Web pages or personal profiles that contain information
such as the name or nickname of the user, photographs placed on the personal
Web page by the user, other personal information about the user, and links to
other personal Web pages on the commercial social networking Web site of
friends or associates of the user that may be accessed by other users or visitors to
the Web site.
(4)
Provides users or visitors to the commercial social networking Web site
mechanisms to communicate with other users, such as a message board, chat
room, electronic mail, or instant messenger.
A commercial social networking Web site does not include an Internet Web site that
either: