North Carolina § 14-208 - 18. (See Editor's note for contingent expiration date) Sex offender unlawfully on premises.

§ 14-208. 18. (See Editor's note for contingent expiration date) Sex offender unlawfully on premises.

It shall be unlawful for any person required to register under this Article, if the offense requiring registration is described in subsection (c) of this section, to knowingly be at any of the following locations: On the premises of any place intended primarily for the use, care, or supervision of minors, including, but not limited to, schools, children's museums, child care centers, nurseries, and playgrounds. Within 300 feet of any location intended primarily for the use, care, or supervision of minors when the place is located on premises that are not intended primarily for the use, care, or supervision of minors, including, but not limited to, places described in subdivision (1) of this subsection that are located in malls, shopping centers, or other property open to the general public. At any place where minors frequently congregate, including, but not limited to, libraries, arcades, amusement parks, recreation parks, and swimming pools, when minors are present. On the State Fairgrounds during the period of time each year that the State Fair is conducted, on the Western North Carolina Agricultural Center grounds during the period of time each year that the North Carolina Mountain State Fair is conducted, and on any other fairgrounds during the period of time that an agricultural fair is being conducted. Notwithstanding any provision of this section, a person subject to subsection (a) of this section 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. The subdivisions of subsection (a) of this section are applicable as follows: Subdivisions (1), (3), and (4) of subsection (a) of this section apply to persons required to register under this Article who have committed any of the following offenses: Any offense in Article 7B of this Chapter or any federal offense or offense committed in another state, which if committed in this State, is substantially similar to an offense in Article 7B of this Chapter. Any offense where the victim of the offense was under the age of 18 years at the time of the offense. Subdivision (2) of subsection (a) of this section applies to persons required to register under this Article if either of the following applies: The person has committed any offense in Article 7B of this Chapter or any federal offense or offense committed in another state, which if committed in this State is substantially similar to an offense in Article 7B of this Chapter, and a finding has been made in any criminal or civil proceeding that the person presents, or may present, a danger to minors under the age of 18. The person has committed any offense where the victim of the offense was under the age of 18 years at the time of the offense. A person subject to subsection (a) of this section who is a parent or guardian of a student enrolled in a school may be present on school property if all of the following conditions are met: The parent or guardian is on school property for the purpose for one of the following: To attend a conference at the school with school personnel to discuss the academic or social progress of the parents' or guardians' child; or The presence of the parent or guardian has been requested by the principal or his or her designee for any other reason relating to the welfare or transportation of the child. The parent or guardian complies with all of the following: Notice: The parent or guardian shall notify the principal of the school of the parents' or guardians' registration under this Article and of his or her presence at the school unless the parent or guardian has permission to be present from the superintendent or the local board of education, or the principal has granted ongoing permission for regular visits of a routine nature. If permission is granted by the superintendent or the local board of education, the superintendent or chairman of the local board of education shall inform the principal of the school where the parents' or guardians' will be present. Notification includes the nature of the parents' or guardians' visit and the hours when the parent or guardian will be present at the school. The parent or guardian is responsible for notifying the principal's office upon arrival and upon departure. Any permission granted under this sub-subdivision shall be in writing. Supervision: At all times that a parent or guardian is on school property, the parent or guardian shall remain under the direct supervision of school personnel. A parent or guardian shall not be on school property even if the parent or guardian has ongoing permission for regular visits of a routine nature if no school personnel are reasonably available to supervise the parent or guardian on that occasion. A person subject to subsection (a) of this section who is eligible to vote may be present at a location described in subsection (a) used as a voting place as defined by G.S. 163-165 only for the purposes of voting and shall not be outside the voting enclosure other than for the purpose of entering and exiting the voting place. If the voting place is a school, then the person subject to subsection (a) shall notify the principal of the school that he or she is registered under this Article. A person subject to subsection (a) of this section 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-390.11(a)(2). A juvenile subject to subsection (a) of this section may be present at a location described in that subsection if the juvenile is at the location to receive medical treatment or mental health services and remains under the direct supervision of an employee of the treating institution at all times. Notwithstanding any provision of this section, a person subject to subsection (a) of this section who is required to wear an electronic monitoring device shall wear an electronic monitoring device that provides exclusion zones around the premises of all elementary and secondary schools in North Carolina. A violation of this section is a Class H felony. History (2008-117, s. 12; 2009-570, s. 5; 2011-245, s. 2(b); 2011-282, s. 14; 2015-62, s. 5(a); 2015-181, s. 47; 2016-102, s. 1; 2017-6, s. 3; 2017-102, s. 33.1; 2018-146, ss. 3.1(a), (b), 6.1.) Re-recodification; Technical and Conforming Changes. - Session Laws 2017-6, s. 3, provides, in part: "The Revisor of Statutes shall recodify Chapter 138A of the General Statutes, Chapter 120C of the General Statutes, as well as Chapter 163 of the General Statutes, as amended by this act, into a new Chapter 163A of the General Statutes to be entitled 'Elections and Ethics Enforcement Act,' as enacted by Section 4 of this act. The Revisor may also recodify into the new Chapter 163A of the General Statutes other existing statutory laws relating to elections and ethics enforcement that are located elsewhere in the General Statutes as the Revisor deems appropriate." The Revisor was further authorized to make additional technical and conforming changes to catchlines, internal citations, and other references throughout the General Statutes to effectuate this recodification. Pursuant to this authority, the Revisor of Statutes substituted "G.S. 163A-1095" for "G.S. 163-165" in subsection (e). Session Laws 2018-146, ss. 3.1(a), (b) and 6.1 repealed Session Laws 2017-6, s. 3, and authorized the Revisor of Statutes to re-recodify Chapter 163A into Chapters 163, 138A, and 120C and to revert the changes made by the Revisor pursuant to Session Laws 2017-6, s. 3. Pursuant to this authority, the Revisor of Statutes reverted the changes to the reference in subsection (e). Editor's Note. - Session Laws 2015-62, s. 5(b), made the amendment to subdivision (c)(1) of this section by Session Laws 2015-62, s. 5(a), applicable to offenses committed on or after December 1, 2015. Session Laws 2015-181, s. 47, provides: "The Revisor of Statutes may correct statutory references, as required by this act, throughout the General Statutes. In making the changes authorized by this act, the Revisor may also adjust the order of lists of multiple statutes to maintain statutory order, correct terms, make conforming changes to catch lines and references to catch lines, and adjust subject and verb agreement and the placement of conjunctions." Pursuant to this authority the Revisor of Statutes substituted "Article 7B" for "Article 7A" both times it appears in subdivision (c)(1). Session Laws 2015-181, s. 48, provides: "This act becomes effective December 1, 2015, and applies to offenses committed on or after that date. 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." Session Laws 2016-102, s. 2, as amended by Session Laws 2017-102, s. 33.1, provides: "The changes made in Section 1 of this act are effective unless either or both of the decisions of the United States District Court for the Middle District of North Carolina ruling G.S. 14-208.18(a)(2) and G.S. 14-208.18(a)(3) unconstitutional, as they existed prior to the enactment of this act, are stayed or overturned by a higher court on appeal, in which case the appropriate portion of the prior version of the statute to which the decision pertained is again effective as follows: "(1) If the ruling enjoining enforcement of G.S. 14-208.18(a)(2) is stayed or overturned, the changes made to subsection (c) of G.S. 14-208.18 by Section 1 of this act shall be repealed. "(2) If the ruling enjoining enforcement of G.S. 14-208.18(a)(3) is stayed or overturned, the changes made to subdivision (3) of subsection (a) of G.S. 14-208.18 by Section 1 of this act shall be repealed." As of October 2017, neither of the events described in subdivisions (1) and (2) have occurred. Session Laws 2016-101, s. 3, made the amendment to this section by Session Laws 2016-101, s. 1, applicable to offenses committed on or after September 1, 2016. Prior to the 2016 amendment this section read as follows: "(a) It shall be unlawful for any person required to register under this Article, if the offense requiring registration is described in subsection (c) of this section, to knowingly be at any of the following locations: "(1) On the premises of any place intended primarily for the use, care, or supervision of minors, including, but not limited to, schools, children's museums, child care centers, nurseries, and playgrounds. "(2) Within 300 feet of any location intended primarily for the use, care, or supervision of minors when the place is located on premises that are not intended primarily for the use, care, or supervision of minors, including, but not limited to, places described in subdivision (1) of this subsection that are located in malls, shopping centers, or other property open to the general public. "(3) At any place where minors gather for regularly scheduled educational, recreational, or social programs. "(b) Notwithstanding any provision of this section, a person subject to subsection (a) of this section 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. "(c) Subsection (a) of this section is applicable only to persons required to register under this Article who have committed any of the following offenses: "(1) Any offense in Article 7B of this Chapter or any federal offense or offense committed in another state, which if committed in this State, is substantially similar to an offense in Article 7B of this Chapter. "(2) Any offense where the victim of the offense was under the age of 16 years at the time of the offense. "(d) A person subject to subsection (a) of this section who is a parent or guardian of a student enrolled in a school may be present on school property if all of the following conditions are met: "(1) The parent or guardian is on school property for the purpose for one of the following: "a. To attend a conference at the school with school personnel to discuss the academic or social progress of the parents' or guardians' child; or "b. The presence of the parent or guardian has been requested by the principal or his or her designee for any other reason relating to the welfare or transportation of the child. "(2) The parent or guardian complies with all of the following: "a. Notice: The parent or guardian shall notify the principal of the school of the parents' or guardians' registration under this Article and of his or her presence at the school unless the parent or guardian has permission to be present from the superintendent or the local board of education, or the principal has granted ongoing permission for regular visits of a routine nature. If permission is granted by the superintendent or the local board of education, the superintendent or chairman of the local board of education shall inform the principal of the school where the parents' or guardians' will be present. Notification includes the nature of the parents' or guardians' visit and the hours when the parent or guardian will be present at the school. The parent or guardian is responsible for notifying the principal's office upon arrival and upon departure. Any permission granted under this sub-subdivision shall be in writing. "b. Supervision: At all times that a parent or guardian is on school property, the parent or guardian shall remain under the direct supervision of school personnel. A parent or guardian shall not be on school property even if the parent or guardian has ongoing permission for regular visits of a routine nature if no school personnel are reasonably available to supervise the parent or guardian on that occasion. "(e) A person subject to subsection (a) of this section who is eligible to vote may be present at a location described in subsection (a) used as a voting place as defined by G.S. 163-165 only for the purposes of voting and shall not be outside the voting enclosure other than for the purpose of entering and exiting the voting place. If the voting place is a school, then the person subject to subsection (a) shall notify the principal of the school that he or she is registered under this Article. "(f) A person subject to subsection (a) of this section 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-390.11(a)(2) . "(g) A juvenile subject to subsection (a) of this section may be present at a location described in that subsection if the juvenile is at the location to receive medical treatment or mental health services and remains under the direct supervision of an employee of the treating institution at all times. "(g1) Notwithstanding any provision of this section, a person subject to subsection (a) of this section who is required to wear an electronic monitoring device shall wear an electronic monitoring device that provides exclusion zones around the premises of all elementary and secondary schools in North Carolina. "(h) A violation of this section is a Class H felony." Effect of Amendments. - Session Laws 2009-570, s. 5, effective August 28, 2009, substituted "subsection (c)" for "subsection (b)" in the introductory language of subsection (a). Session Laws 2011-245, s. 2(b), effective October 1, 2011, added subsection (g1). Session Laws 2011-282, s. 14, effective June 23, 2011, and applicable beginning with the 2011-2012 school year, substituted "G.S. 115C-390.11(a)(2)" for "G.S. 115C-391(d)(2)" in subsection (f). Session Laws 2015-62, s. 5(a), effective December 1, 2015, inserted "or any federal offense or offense committed in another state, which if committed in this State, is substantially similar to an offense in Article 7B of this Chapter" at the end of subdivision (c)(1). For applicability, see editor's note. Session Laws 2016-102, s. 1, effective September 1, 2016, substituted "frequently congregate, including, but not limited to, libraries, arcades, amusement parks, recreation parks, and swimming pools, when minors are present" for "gather for regularly scheduled educational, recreational, or social programs" at the end of subdivision (a)(3); added subdivision (a)(4); rewrote the introductory paragraph in subsection (c); added the introductory language in subdivision (c)(1); redesignated former subdivisions (c)(1) and (2) as (c)(1) a and b; and added subdivision (c)(2). For contingent expiration date for changes to subdivisions (a)(3) and subsection (c) and for applicability provision, see Editor's notes. Legal Periodicals. - For article, "The Least of These: A Constitutional Challenge to North Carolina's Sexual Offender Laws and N.C. Gen. Stat. § 14-208.18," see 33 N.C. Cent. L. Rev. 53 (2010). For note, "The Peering Predator: Drone Technology Leaves Children Unprotected from Registered Sex Offenders," see 39 Campbell L. Rev. 167 (2017).