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Chapter 3: Restrictions on Offenders and Duties of the General Public Associated with the Registration Programs
lessons, horseback riding, gymnastics, or organized clubs for children,
such as Boy Scouts, Girl Scouts, 4-H groups, or boys and girls clubs;
d.
Drop-in or short-term care provided while parents participate in activities
that are not employment related and where the parents are on the premises
or otherwise easily accessible, such as drop-in or short-term care provided
in health spas, bowling alleys, shopping malls, resort hotels, or churches;
e.
Drop-in or short-term care provided by an employer for its part-time
employees where (i) the child is provided care not to exceed two and one-
half hours during that day, (ii) the parents are on the premises, and (iii)
there are no more than 25 children in any one group in any one room;
f. Public
schools;
g.
Nonpublic schools described in Part 2 of Article 39 of Chapter 115C of
the General Statutes that are accredited by the Southern Association of
Colleges and Schools and that operate a child care facility as defined in
subdivision (3) of this section for less than six and one-half hours per day
either on or off the school site;
h.
Bible schools conducted during vacation periods;
i.
Care provided by facilities licensed under Article 2 of Chapter 122C of
the General Statutes;
j.
Cooperative arrangements among parents to provide care for their own
children as a convenience rather than for employment; and
k.
Any child care program or arrangement consisting of two or more
separate components, each of which operates for four hours or less per
day with different children attending each component.
(3)
Child
care facility --
includes child care centers, family child care homes, and any
other child care arrangement not excluded by G.S. § 110-86(2), that provides
child care,
regardless of the time of day, wherever operated, and whether or not
operated for profit.
a.
A child care
center is an arrangement where, at any one time, there are
three or more preschool-age children or nine or more school-age children
receiving child care.
b.
A family child care home is a child care arrangement located in a
residence where, at any one time, more than two children, but less than
nine children, receive child care.
Additionally, G.S. § 14-208.16 does not apply to child care centers located on or within
1,000 feet of the property of an institution of higher education where the offender is a student or
is employed.
Changes in the ownership or use of property within 1,000 feet of an offender’s registered
address which occur after the offender establishes residency at the registered address will not
result in a violation of G.S. § 14-208.16. Residency is established for purposes of this section
when the offender does any of the following:
(a)
Purchases the residence or enters into a specifically enforceable contract to
purchase the residence.
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Chapter 3: Restrictions on Offenders and Duties of the General Public Associated with the Registration Programs
(b)
Enters into a written lease contract for the residence and
for as long as the person
is lawfully entitled to remain on the premises.
(c)
Resides with an immediate family member who establishes residence in
accordance with this subsection. “Immediate family members” include the
offender’s child or sibling of at least 18 years of age, parent, grandparent, legal
guardian, or spouse.
Note that the restriction does not apply to an offender who established residency at the registered
address prior to the effective date of August 16, 2006.
Restrictions on Certain Activities Involving Minors (G.S. § 14-208.17)
It is unlawful for any offender required to register under Article 27A to work at any place
where a minor is present and the person’s responsibilities or activities would include instruction,
supervision, or care of a minor or minors. This prohibition also covers self-employment, and
applies whether the work is compensated or not.
Commercial Driver’s License Restriction (G.S. § l4-208.l9A, G.S. § 20-27.1, G.S. § 20-37.14A)
Any offender required to register under Article 27A is
prohibited from obtaining or
renewing a commercial driver’s license with a ‘P’ or ‘S’ endorsement (for commercial vehicles
carrying passengers or for school buses). An offender who is subject to this restriction is
prohibited from driving a commercial passenger vehicle or school bus.
Restriction on Obtaining/Renewing EMS Credentials (G.S. § 131E- 159)
A person who is required to register as a sex offender under Article 27A of Chapter 14 of
the General Statutes, or who was convicted of an offense which would have required registration
if committed at a time when such registration would have been required by law, shall not be
granted EMS credentials. The Department shall not renew the credentials of any person who
would be ineligible for EMS credentials under this subsection.
Restriction on Issuance or Renewal of Funeral License (G.S. § 90-210.25B)
Persons or entities convicted of certain specified sex offenses are
not eligible to obtain
any licensure, permit, or registration under Article 13A of Chapter 90 of the General Statutes.
Note that this determination is independent of whether a person is subject to registration under
Article 27A of Chapter 14 of the General Statutes.
Prohibition Against Being on Certain Protected Premises (G.S. § 14-208.18)
This restriction applies to any offender who is required to register under Article 27A and
who has committed either of the following types of offenses:
(a)
Any offense in Chapter 14, Article 7A of the General Statutes.
(b)
Any offense where the victim of the offense was under the age of 16 years at the
time of the offense.
Article 7A offenses
include the following:
•
G.S. § 14-27.2--First degree rape
•
G.S. § 14-27.2A --Rape of a child by adult offender
•
G.S. § 14-27.3--Second degree rape