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Chapter 1: Registration Requirements for Adults and Certain Juveniles Under Article 27A, Part 2 and Part 3
disabled.
•
G.S. § 14-205.3(b) -- Promoting prostitution of a minor or a mentally disabled
person.
•
G.S. § 14-318.4(al) -- Parent or caretaker commit or permit act of prostitution
with or by a juvenile
•
G.S. § 14-318.4(a2) -- Commission or allowing of sexual act upon a juvenile by
parent or guardian
The term also includes a solicitation or conspiracy to commit any of the aforementioned
offenses.
(b)
A final conviction in another state of an offense, which if committed in this State,
is substantially similar to an offense against a minor or a sexually violent
offense as
defined by this section, or a final conviction in another state of an
offense that requires registration under the sex offender registration statutes of
that state.
(c)
A final conviction in a federal jurisdiction (including a court martial) of an
offense, which is substantially similar to an offense against a minor or a sexually
violent offense as defined by this section.
(d)
A final conviction for a violation of G.S. § 14-202(d), (e), (1), (g), or (h), or a
second or subsequent conviction for a violation of G.S. § 14-202(a), (al), or (c),
only if the court sentencing the individual issues an order pursuant to G.S. § 14-
202(1) requiring the individual to register. Note: G.S. § 14-202 outlaws
various offenses of secretly peeping.
(e)
A final conviction for a violation of G.S. § 14-43.14, but only if the court
sentencing the individual issues an order requiring the person to register.
Effective Dates for Each Type of “Reportable Conviction”
For each offense that can give rise to a “reportable conviction” (whether
a North Carolina
conviction, an out-of-state conviction, or a federal conviction) there is a corresponding effective
date that determines if an offender is subject to register as an offender. These dates have been
established through various Session Laws enacted by the North Carolina General Assembly.
Appendix 1 contains several tables which show the effective dates for each type of “reportable
conviction.”
Table 1: Offenses against minors
Table 2: Sexually violent offenses
Table 3: Aiding and abetting, attempt, conspiracy, or solicitation of offense against a
minor or sexually violent offense
Table 4: Convictions from other states
Table 5: Federal convictions
Table 6: Secretly peeping
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Chapter 1: Registration Requirements for Adults and Certain Juveniles Under Article 27A, Part 2 and Part 3
Offenders Subject to Additional Registration Requirements under Part 3
Part 3 of Article 27A applies to anyone who
must register as a sex offender
and is (a)
convicted of an aggravated offense, (b) convicted of a repeat offense (i.e., is a recidivist),
and/or (c) determined by a court to be a sexually violent predator.
Under G.S. § 14-208.6, an “aggravated offense” is defined as a criminal offense which
includes either of the following:
(a)
Engaging in a sexual act involving vaginal, anal, or oral penetration with a victim
of any age through the use of force or the threat of serious violence.
(b)
Engaging in a sexual act involving vaginal, anal, or oral penetration with a victim
who is less than 12 years old.
Part 3 registration is required for anyone convicted of an aggravated offense, so long as
the offense was committed on or after October 1, 2001.
Under G.S. § 14-208.6, “recidivist” is defined as “a person who has a prior conviction
for an offense that is described in G.S. § 14-208.6(4).” Part 3 registration is required if an
offender is convicted for an offense committed on or after October 1, 2001 and has at least one
prior reportable conviction, irrespective of the date.
Under G.S. § 14-208.6, a “sexually violent predator” is defined as a person who has
been convicted of a “sexually violent offense” (see above) and “who suffers from a mental
abnormality or personality disorder that makes the person likely to engage in sexually violent
offenses directed at strangers or at a person with whom a relationship has been established or
promoted for the primary purpose of victimization.” A court order during criminal sentencing is
required before an offender can be classified as a “sexually violent predator.” This sentencing
procedure is governed by G.S. § 14-208.20.
The predominate distinction between aggravated offenders, recidivists, and predators and
other registered offenders is that aggravated offenders, recidivists and predators must register for
their lifetime and they must verify their current residence every 90 days.