Today’s post is an update to the sex offender registration and monitoring flow chart. (It’s really more of a cheat sheet than a flow chart, but after seven years of calling it a flow chart—the first version appeared in 2009—I’m going to stick with it.)
The revised chart is available here. In addition to some routine citation and formatting maintenance, it makes the following changes.
No contact orders. The chart adds a reference to State v. Barnett, __ N.C. App. __, 784 S.E.2d 188 (2016). The case—which John Rubin discussed here—held that a no contact order issued under G.S. 15A-1340.50 may extend only to the victim of the underlying offense; it may not include the victim’s children. The supreme court stayed the decision, 781 S.E.2d 800 (Feb. 5, 2016), and allowed review, 784 S.E.2d 474 (Apr. 13, 2016).
Attempted offenses are not aggravated. Barnett also held that attempted offenses (attempted second-degree rape in Mr. Barnett’s case) are not aggravated offenses because they do not require penetration as an element. I discussed that aspect of the case here. With that in mind, attempted second-degree rape is added to the chart’s list of offenses that are not aggravated. But again, note that Barnett has been temporarily stayed and is pending before the supreme court.
Reasonableness of SBM. The chart adds references to State v. Blue, __ N.C. App. __, 783 S.E.2d 524 (2016), and State v. Morris, __ N.C. App. __, 783 S.E.2d 528 (2016), the post–Grady v. North Carolina cases discussed here. After Blue and Morris, the State has the burden of establishing that SBM is a reasonable search under the Fourth Amendment. A recent article by Bryan Boyd, professor and now clerk of court for the Supreme Court of North Carolina, provides a helpful analysis of the reasonableness question after Grady. 38 Campbell L. Rev. 151 (2016).
First-degree statutory rape still not reportable. As noted here, first-degree statutory rape under G.S. 14-27.22 is not a reportable sex crime. I think that was probably an oversight when the legislature reorganized many of North Carolina’s rape and sexual offense crimes. Pending Senate Bill 821 would add the crime to the list of reportable offenses if it becomes law. The bill does not clearly address whether the change would be retroactive to December 1, 2015.