North Carolina § 14-208 - 6. Definitions.

§ 14-208. 6. Definitions.

The following definitions apply in this Article: (2) Penal institution. - Any of the following: (3) Release. - Discharged or paroled. (4) Reportable conviction. - Any of the following: (5) Sexually violent offense. - A violation of former G.S. 14-27.6 (attempted rape or sexual offense), G.S. 14-27.21 (first-degree forcible rape), G.S. 14-27.22 (second-degree forcible rape), G.S. 14-27.23 (statutory rape of a child by an adult), G.S. 14-27.24 (first-degree statutory rape), G.S. 14-27.25(a) (statutory rape of a person who is 15 years of age or younger and where the defendant is at least six years older), G.S. 14-27.26 (first-degree forcible sexual offense), G.S. 14-27.27 (second-degree forcible sexual offense), G.S. 14-27.28 (statutory sexual offense with a child by an adult), G.S. 14-27.29 (first-degree statutory sexual offense), G.S. 14-27.30(a) (statutory sexual offense with a person who is 15 years of age or younger and where the defendant is at least six years older), G.S. 14-27.31 (sexual activity by a substitute parent or custodian), G.S. 14-27.32 (sexual activity with a student), G.S. 14-27.33 (sexual battery), G.S. 14-43.11 (human trafficking) if (i) the offense is committed against a minor who is less than 18 years of age or (ii) the offense is committed against any person with the intent that they be held in sexual servitude, G.S. 14-43.13 (subjecting or maintaining a person for sexual servitude), G.S. 14-178 (incest between near relatives), G.S. 14-190.6 (employing or permitting minor to assist in offenses against public morality and decency), G.S. 14-190.9(a1) (felonious indecent exposure), G.S. 14-190.16 (first degree sexual exploitation of a minor), G.S. 14-190.17 (second degree sexual exploitation of a minor), G.S. 14-190.17 A (third degree sexual exploitation of a minor), G.S. 14-202.1 (taking indecent liberties with children), G.S. 14-202.3 (Solicitation of child by computer or certain other electronic devices to commit an unlawful sex act), G.S. 14-202.4(a) (taking indecent liberties with a student), G.S. 14-205.2(c) or (d) (patronizing a prostitute who is a minor or has a mental disability), G.S. 14-205.3(b) (promoting prostitution of a minor or a person who has a mental disability), G.S. 14-318.4(a1) (parent or caretaker commit or permit act of prostitution with or by a juvenile), or G.S. 14-318.4(a2) (commission or allowing of sexual act upon a juvenile by parent or guardian). The term also includes the following: a solicitation or conspiracy to commit any of these offenses; aiding and abetting any of these offenses. (6) Sexually violent predator. - A person who has been convicted of a sexually violent offense 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. (7) Sheriff. - The sheriff of a county in this State. (8) Statewide registry. - The central registry compiled by the Department in accordance with G.S. 14-208.14 . (9) Student. - A person who is enrolled on a full-time or part-time basis, in any postsecondary public or private educational institution, including any trade or professional institution, or other institution of higher education. History (1995, c. 545, s. 1; 1997-15, ss. 1, 2; 1997-516, s. 1; 1999-363, s. 1; 2001-373, s. 1; 2002-147, s. 16; 2003-303, s. 2; 2004-109, s. 8; 2005-121, s. 2; 2005-130, s. 1; 2005-226, s. 2; 2006-247, ss. 1(b), 19(a), 20(d); 2008-117, s. 6.1; 2008-220, s. 1; 2009-498, s. 1; 2010-174, s. 16(a); 2011-145, s. 19.1(h), (j); 2012-153, s. 3; 2012-194, s. 4(a); 2013-33, s. 1; 2013-368, s. 19; 2014-100, s. 17.1(x); 2015-62, s. 1(b); 2015-181, s. 32; 2017-102, s. 5; 2017-186, s. 2(q); 2018-47, s. 4(h).) Editor's Note. - Session Laws 2006-247, s. 19(e), as amended by Session Laws 2010-174, s. 16(a), provides: "Section 19(a) of this act becomes effective December 1, 2006, and applies to all offenses committed prior to, on, or after that date and to all individuals who move into this State prior to, on, or after that date. The remainder of this section becomes effective December 1, 2006, and applies to all applications for a drivers license, learner's permit, instruction permit, or special identification card submitted on or after that date." Session Laws 2008-220, s. 12, provides in part: "Sections 10 and 12 of this act are effective when they become law. Section 11 of this act becomes effective July 1, 2008. The provision in Section 1 of this act amending G.S. 14-208.6(5) becomes effective December 1, 2008, and applies to all persons convicted on or after that date, and to all persons released from a penal institution on or after that date. The remainder of this act becomes effective May 1, 2009, and applies to persons who are required to be registered under Article 27A of Chapter 14 of the General Statutes on or after that date. The requirements related to online identifiers apply to persons whose initial registration under Article 27A of Chapter 14 of the General Statutes occurs on or after May 1, 2009, and to persons who are registered under Article 27 of Chapter 14 of the General Statutes prior to May 1, 2009, and continue to be registered on May 1, 2009. However, any person registered under Article 27 of Chapter 14 of the General Statutes prior to May 1, 2009, and continuing to be registered on May 1, 2009, shall not be in violation of the online identifier requirements if they provide the required information at the first verification of information that occurs on or after May 1, 2009." Session Laws 2009-498, s. 1, which substituted "G.S. 14-202.3 (Solicitation of child by computer or certain other electronic devices to commit an unlawful sex act), G.S. 14-202.4(a) (taking indecent liberties with a student)" for "or G.S. 14-202.3 (Solicitation of child by computer to commit an unlawful sex act)" in the first sentence of subdivision (5), was applicable to all persons convicted of a violation of G.S. 14-202.4 on or after December 1, 2009, and to all persons released from a penal institution on or after December 1, 2009. Session Laws 2010-174, s. 16(b), provides: "This section becomes effective October 1, 2010, and applies to any person required to register as a sex offender under Article 27A of Chapter 14 of the General Statutes, any person serving an active sentence or on supervised probation, parole, or post-release supervision, for any offense, on or after that date, and any person convicted of any felony offense on or after that date." Session Laws 2012-153, s. 8, made the amendments to this section by Session Laws 2012-153, s. 3, applicable to offenses committed on or after December 1, 2012. Session Laws 2013-33, s. 2, made the amendments to this section by Session Laws 2013-33, s. 1, applicable to offenses committed on or after December 1, 2013. Session Laws 2013-368, s. 25, made the amendments to this section by Session Laws 2013-368, s. 19, applicable to offenses committed on or after October 1, 2013. Section 25 further provides: "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 2015-62, s. 1(d), made the substitution of "15 years of age or younger and" for "13, 14, or 15 years old where" in subdivision (5) of this section by Session Laws 2015-62, s. 1(b), 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 inserted "and" following "G.S. 14-27.25(a) (statutory rape of a person who is 15 years of age or younger" and "G.S. 14-27.30(a) (statutory sexual offense with a person who is 15 years of age or younger" in subdivision (5). Session Laws 2015-181, s. 48, made the amendment to subdivision (5) by Session Laws 2015-181, s. 32, effective December 1, 2015, and applicable to offenses committed on or after that date, and further provided that: "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 2018-47, s. 15, provides: "This act does not affect the coverage, eligibility, rights, responsibilities, or provision of State or federal services or benefits for individuals who have been diagnosed with mental retardation and whose diagnosis has not been changed to a diagnosis of intellectual disability." Session Laws 2018-47, s. 16, made the rewriting of this section by Session Laws 2018-47, s. 4(h), effective December 1, 2018, and applicable to offenses committed on or after that date. Effect of Amendments. - Session Laws 2004-109, s. 8, effective December 1, 2004, and applicable to offenses committed on or after that date, inserted "(a1)" in subdivision (4)(d). Session Laws 2005-121, s. 1, effective December 1, 2005, and applicable to offenses committed on or after that date, inserted "or G.S. 14-202.3 (Solicitation of child by computer to commit an unlawful sex act)" at the end of the first sentence of subdivision (5) and made a minor stylistic change. Session Laws 2005-130, s. 1, effective December 1, 2005, and applicable to offenses committed on or after that date, inserted "G.S. 14-27.5A (sexual battery)" near the beginning of subdivision (5). Session Laws 2005-226, s. 2, effective December 1, 2005, and applicable to offenses committed on or after that date, inserted "G.S. 14-190.9(a1) (felonious indecent exposure)" preceding "G.S. 14-190.16." Session Laws 2009-498, s. 1, effective December 1, 2009, and applicable to all persons convicted of a violation of G.S. 14-202.4 on or after that date, and to all persons released from a penal institution on or after that date, substituted "G.S. 14-202.3 (Solicitation of child by computer or certain other electronic devices to commit an unlawful sex act), G.S. 14-202.4(a) (taking indecent liberties with a student)" for "or G.S. 14-202.3 (Solicitation of child by computer to commit an unlawful sex act)" in the first sentence of subdivision (5). Session Laws 2011-145, s. 19.1(h) and (j), effective January 1, 2012, substituted "Section of Prisons of the Division of Adult Correction of the Department of Public Safety" for "Division of Prisons of the Department of Correction" in (2)a. Session Laws 2012-153, s. 3, effective December 1, 2012, added subdivision (4)e. For applicability, see editor's note. Session Laws 2012-194, s. 4(a), effective July 17, 2012, inserted "former" preceding "G.S. 14-27.6" in subdivision (5). Session Laws 2013-33, s. 1, effective December 1, 2013, inserted "G.S. 14-43.11 (human trafficking) if (i) the offense is committed against a minor who is less than 18 years of age or (ii) the offense is committed against any person with the intent that they be held in sexual servitude" in subdivision (5). For applicability, see Editor's note. Session Laws 2013-368, s. 19, effective October 1, 2013, in subdivision (5), deleted "G.S. 14-190.18 (promoting prostitution of a minor), G.S. 14-190.19 (participating in the prostitution of a minor)" preceding "G.S. 14-202.1" and inserted "G.S. 14-205.2(c) or (d) (patronizing a prostitute who is a minor or a mentally disabled person), G.S. 14-205.3(b) (promoting prostitution of a minor or a mentally disabled person)". For applicability, see Editor's note. Session Laws 2014-100, s. 17.1(x), effective July 1, 2014, rewrote subdivision (1c); and substituted "Department" for "Division" in subdivision (8). Session Laws 2015-62, s. 1(b), effective December 1, 2015, substituted "15 years of age or younger and" for "13, 14, or 15 years old where" following "G.S. 14-27.7A (statutory rape or sexual offense of a person who is" in subdivision (5). For applicability, see editor's note. Session Laws 2015-181, s. 32, effective December 1, 2015, in subdivision (5), updated statutory references to reflect the recodification of G.S. 14-27.1 et seq. by Session Laws 2015-181. For applicability, see editor's note. Session Laws 2017-102, s. 5, effective December 1, 2015, added "G.S. 14-27.24 (first-degree statutory rape)," near the beginning of the first sentence of subdivision (5). Session Laws 2017-186, s. 2(q), effective December 1, 2017, inserted "and Juvenile Justice" in subdivision (2)a. Session Laws 2018-47, s. 4(h), rewrote the section. For effective date and applicability, see editor's note. Legal Periodicals. - For "Legislative Survey: Criminal Law," see 22 Campbell L. Rev. 253 (2000). For article, "North Carolina v. Bryant: Paving the Way for a Comprehensive National Sex Offender Registry," see 30 N.C. Cent. L. Rev. 75 (2007). For article, "Sex Crimes and Sexual Miscues: The Need for a Clearer Line Between Forcible Rape and Nonconsensual Sex," see 42 Wake Forest L. Rev. 1087 (2007). 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 article, "Tracking Reasonableness: An Evaluation of North Carolina's Lifetime Satellite-Based Monitoring Statutes in the Wake of Grady v. North Carolina," see 38 Campbell L. Rev. 151 (2016). For note, "The Peering Predator: Drone Technology Leaves Children Unprotected from Registered Sex Offenders," see 39 Campbell L. Rev. 167 (2017).