North Carolina § 14-208 - 16. Residential restrictions.

§ 14-208. 16. Residential restrictions.

A registrant under this Article shall not knowingly reside within 1,000 feet of the property on which any public or nonpublic school or child care center is located. This subsection applies to any registrant who did not establish his or her residence, in accordance with subsection (d) of this section, prior to August 16, 2006. As used in this section, "school" does not include home schools as defined in G.S. 115C-563 or institutions of higher education; however, for the purposes of this section, the term "school" shall include any construction project designated for use as a public school if the governing body has notified the sheriff or sheriffs with jurisdiction within 1,000 feet of the construction project of the construction of the public school. The term "child care center" is defined by G.S. 110-86(3); however, for purposes of this section, the term "child care center" does include the permanent locations of organized clubs of Boys and Girls Clubs of America. The term "registrant" means a person who is registered, or is required to register, under this Article. This section does not apply to child care centers that are located on or within 1,000 feet of the property of an institution of higher education where the registrant is a student or is employed. Changes in the ownership of or use of property within 1,000 feet of a registrant's registered address that occur after a registrant establishes residency at the registered address shall not form the basis for finding that an offender is in violation of this section. For purposes of this subsection, a residence is established when the registrant does any of the following: Purchases the residence or enters into a specifically enforceable contract to purchase the residence. Enters into a written lease contract for the residence and for as long as the person is lawfully entitled to remain on the premises. Resides with an immediate family member who established residence in accordance with this subsection. For purposes of this subsection, "immediate family member" means a child or sibling who is 18 years of age or older, or a parent, grandparent, legal guardian, or spouse of the registrant. Nothing in this section shall be construed as creating a private cause of action against a real estate agent or landlord for any act or omission arising out of the residential restriction in this section. A violation of this section is a Class G felony. History (2006-247, s. 11(a); 2007-213, s. 10; 2013-28, s. 1; 2014-21, s. 1; 2019-245, s. 8(a).) Editor's Note. - Session Laws 2006-247, s. 1(a), provides: "This act shall be known as 'An Act To Protect North Carolina's Children/Sex Offender Law Changes.'" Session Laws 2006-247, s. 11(c), as amended by Session Laws 2013-28, s. 2, provides: "Subsection (a) of this section becomes effective December 1, 2006, and applies to all persons registered or required to register on or after that date. Subsection (a) of this section does not apply to a person who has established a residence prior to August 16, 2006, in accordance with the provisions in G.S. 14-208.16 (d)(1), (2), or (3) as enacted by this act. This subsection is effective on August 16, 2006. The remainder of this section is effective December 1, 2006, and is applicable to offenses committed on or after that date." Session Laws 2006-247, s. 21, is a severability clause. Session Laws 2006-247, s. 22, provides, in part: "Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions." The preamble to Session Laws 2013-28, provides: "Whereas, in 2006, the General Assembly enacted restrictions on registered sex offenders residing near schools and day care centers; and "Whereas, the law provided that the residential restrictions did not apply to a person who has established a residence in accordance with the law prior to the effective date of the law [August 16, 2006]; and "Whereas, the application portion of the law was in the session law, but not codified as part of the statute; and "Whereas, law enforcement officials mistakenly believe, based only upon the codified portion of the law which provides the conditions upon which a residence is established and not the effective date of the residency, that a registered sex offender can legally reside within 1,000 feet of a school or day care center if the offender moves in with a family member who had established residence at the location prior to the effective date of the law, even though the offender did not establish residence at that location prior to August 16, 2006; Now, therefore," Session Laws 2014-21, s. 2, made the amendment to subsection (b) by Session Laws 2014-21, s. 1, applicable to all person registered or required to register on or after June 24, 2014, and further provides: "This act does not apply to a person who has established a residence prior to the effective date of this act in accordance with G.S. 14-208.16(d)(1) , (2), or (3)." Session Laws 2019-245, s. 9(c), made the amendment of subsection (b) of this section by Session Laws 2019-245, s. 8(a), effective December 1, 2019, and applicable to offenses committed on or after that date. Session Laws 2019-245, s. 9(a), is a severability clause. Effect of Amendments. - Session Laws 2007-213, s. 10, effective July 11, 2007, substituted "child or sibling who is 18 years of age or older, or a parent, grandparent, legal guardian, or spouse" for "child, sibling, or parent" in the second sentence of subdivision (d)(3). Session Laws 2013-28, s. 1, effective April 16, 2013, added the last sentence to subsection (a). Session Laws 2014-21, s. 1, effective June 24, 2014, substituted "education. The term 'child care center' is defined by G.S. 110-86(3) ; however, for purposes of this section, the term 'child care center' does include the permanent locations of organized clubs of Boys and Girls Clubs of America" for "education, and the term 'child care center' is defined by G.S. 110-86(3) " in subsection (b). See Editor's note for applicability. Session Laws 2019-245, s. 8(a), inserted "however, for the purposes of this section, the term 'school' shall include any construction project designated for use as a public school if the governing body has notified the sheriff or sheriffs with jurisdiction within 1,000 feet of the construction project of the construction of the public school" in the first sentence of subsection (b). For effective date and applicability, see editor's note.