The General Assembly amended G.S. 14-208.18, the law that makes it a Class H felony for certain registered sex offenders to go certain places. The changes are a response to Doe v. Cooper, a federal case in which the trial judge enjoined every district attorney in the state from enforcing the parts of the law he found to be unconstitutional. Today’s post takes a look at the revised law.
Crimes and Elements
What’s the Latest on Mopeds?
Laws governing the operation of mopeds have changed significantly in recent years. Mopeds now must be registered before they may be driven on state roadways, and the owner of the moped must have insurance. An overview of the current legal requirements for moped operation is set forth below.
Sheyenne’s Law Stiffens Penalty for Impaired Boating Causing Serious Injury or Death
The man who authorities say was operating the boat that crashed into 17-year-old Sheyenne Marshall while she was knee-boarding on Lake Norman on July 4, 2015, killing her, faces charges for boating while impaired, a Class 2 misdemeanor, operating a vessel in a reckless manner, a Class 2 misdemeanor, and involuntary manslaughter, a Class F felony. After the accident, Marshall’s family lobbied the legislature for stiffer penalties for impaired boating. Less than a year after Marshall was killed, the General Assembly enacted Sheyenne’s law, which increases the penalties for impaired boating that causes death or serious injury to another.
Cyberbullying Statute Struck Down
Last week, the state supreme court unanimously ruled that a provision of North Carolina’s cyberbullying statute, G.S. 14-458.1, “violates the First Amendment.” The case is State v. Bishop, and the opinion is here. I previously wrote here about the court of appeals ruling upholding the statute. This post summarizes the case and discusses the new opinion.
Lessons Learned on Vacation: 2016 Edition
Memorial Day weekend isn’t technically the beginning of summer, but it feels like it. Temperatures rise and many families head east toward water on Friday afternoons. That’s what my family did last Friday. Given that I try to stay reasonably informed about the law and I read my local paper, I thought I was well prepared to keep all of us on the beach and out of the slammer through the course of the weekend.
It turns out that there are a lot of rules that responsible adults and parents can break on vacation. I’m not just talking about bedtime rules and no-ice-cream-before-dinner rules. I’m talking about the criminal kind—the ones that can land you in jail or at least in a district court down east on a hot Monday morning. I’ve written about a few of these rules before. And this recent article in the News and Observer put everyone on notice that children under 16 cannot drive golf carts. But I’ve recently learned a new rule: You cannot have a mixed drink on the beach.
Fourth Circuit: North Carolina Assaults Don’t Count as “Misdemeanor Crimes of Domestic Violence” for Purposes of Firearm Prohibition
It is a federal crime for a person who has been convicted of a “misdemeanor crime of domestic violence” to possess a gun. 18 U.S.C. § 922(g)(9). A “misdemeanor crime of domestic violence” means a misdemeanor that “has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon,” and that is committed by a person with one of several specified relationships to the victim. 18 U.S.C. § 921(a)(33). Late last year, the Fourth Circuit ruled that North Carolina misdemeanor assault convictions generally don’t satisfy that definition.
Is it Legal to Keep a King Cobra as a Pet?
When news broke last week that 21-year-old Orange County resident Ali Iyoob had been bitten by his “pet” King Cobra, I had three thoughts.
- Who has a pet King Cobra?
- Where does one find a King Cobra to keep as a pet?
- It can’t be legal to have a King Cobra in your house. Can it?
The first question is obviously rhetorical. The answer to the second question is: the internet (of course). To answer the third question, I had to do a little research (on the internet, of course).
Deadly Force and Resisting a Public Officer
The N&O series: Deadly Force. Today the News and Observer published the last article of its four part investigative series Deadly Force, a series that chronicles numerous physical confrontations between Harnett County sheriff’s deputies and citizens and the deaths and injuries that resulted.
Federal Judge Enjoins 300-Foot Rule for Sex Offenders
The North Carolina law making it a felony for some sex offenders to go within 300 feet of certain locations intended for children is unconstitutionally overbroad under the First Amendment. Last week, a federal judge permanently enjoined all North Carolina district attorneys from enforcing the law.
Bartenders’ Duty to Cut Off Service to Intoxicated Patrons
Servers who work for restaurants and bars that sell alcoholic beverages pursuant to an ABC permit are prohibited by G.S. 18B-305(a) from knowingly selling or giving alcoholic beverages to a person who is intoxicated. Violation of this provision is a Class 1 misdemeanor and may result in suspension of the establishment’s ABC permit. In cases where overserving results in injury, the restaurant or bar also may be liable for the damages that result. I’ve often wondered how servers know when to say when. After all, they are engaged in the business of selling alcoholic beverages—drinks that affect the brain functioning of everyone who consumes them. When does the statutory duty override their business interests?