Sex Offenders Living with Minors, Part II

Last week I wrote about the restrictions on living with minors applicable to sex offenders who are under supervision by the Department of Correction. I wrote in that post that supervised offenders whose crime involved the physical, mental, or sexual abuse of a minor will likely be subject to a condition of supervision preventing them from residing in the same household as a child. This post considers what restrictions apply when a registered offender’s formal supervision comes to an end.

The short answer is that the sex offender registration law does not expressly restrict with whom a registered offender may live. Several provisions placing restrictions on residency and employment may, however, come close in certain situations. (In discussing these provisions I’ll describe situations in which the registrant is male, but the laws apply equally to women.)

As for the residency restrictions, under G.S. 14-208.16, a registrant may not knowingly reside within 1,000 feet of the property on which any school or child care center is located. I have been asked if that provision might bar a registrant from living in a home with a home-schooled child or prevent an offender from residing with and caring for, for example, his girlfriend’s children. I don’t think it does. First, the law expressly excludes home schools (as defined in G.S. 115C-563) from its definition. Second, the law defines a “child care center” as an arrangement where three or more preschool-age children or nine or more school age children receive child care, but it excludes arrangements involving only children who reside where the care is provided. G.S. 110-86.

As for employment restrictions, I have been asked if the prohibitions on babysitting or participating in child-involved activities might prevent an offender from living with and looking after the children who reside there—be they his own or, in the example I mentioned before, his girlfriend’s. Again, in most circumstances I don’t think they would. Under G.S. 14-321.1, no adult may provide or offer to provide a “babysitting service” in a home where a registered offender resides. Babysitting is defined in that section as “providing, for profit, supervision or care for a child under the age of 13 years who is unrelated to the provider by blood, marriage, or adoption, for more than two hours per day while the child’s parents or guardian are not on the premises.” Most domestic arrangements would, I think, fall outside this definition of a for-profit babysitting service.

G.S. 14-208.17 raises a similar concern. Under subsection (a) of that law it is a Class F felony for a registrant to “work”—with or without compensation—at “any place where a minor is present and the person’s responsibilities or activities would include instruction, supervision, or care of a minor or minors.” In the typical home situation I don’t think a registrant looking after the children with whom he resides would qualify as “work” within the language of that statute—and I say that as a father of three boys who knows taking care of them isn’t always easy. It seems to me that the existence of the more specific rule against “babysitting” suggests that 14-208.17(a) was meant to cover jobs or volunteer work outside the home. Subsection (b) makes it unlawful for a person to accept a minor into his or her care knowing that someone who resides at the home is required to register.  But that portion of the law only includes situations where the minor is accepted “from another.” As such, I don’t think it would cover the minors who already reside in the home. There are no cases interpreting either subsection.

22 thoughts on “Sex Offenders Living with Minors, Part II”

  1. Yeah, but I’m sure DSS would have something to say if there was a minor living there without a formal family safety plan

  2. I CANNOT understand why the law picks this subject apart and allows some risk…any risk. When an individual, male or female, molests or rapes one minor child and is convicted and required to register on the sex offenders’ registry, this individual has shown him/herself to have no regard for the life and welfare of a child…PERIOD! Secondly, it has never been proven that sex offenders can be CURED! Just because one has molested or raped once and HASN’T BEEN CAUGHT again doesn’t mean that he/she is cured, and a system that picks this issue apart and keeps supplying loopholes for these “thieves of innocence” is just as guilty of abuse as the abuser! Why take CHANCES on the hope that a sex offender will not offend again, risking the very lives of innocent, helpless children FOR WHAT??? For the “rights” of a sex offender? There should be no such rights, as once someone violates a minor child once any rights they had should be forfeited FOREVER…because that is how long the devastating, life altering affects haunt the victim!

    • I do agree that a person that has raped or molested a child should not be around children. Now…all sex offenders are not child molesters, a common misconception that can ruin people’s lives. My fiancée was young and dumb once, as I believe all men are at some point, and had intercourse with a girl he believed to be an adult. He failed to check her ID and she happened to be 15 years old. This was 15 years ago. Now, my ex-husband has obtained emergency custody of my 3 children, based mostly on the fact that my fiancée is a registered sex offender. My children are my world, and now he is doing great harm to the children by keeping them away from their mother. They were in no danger living with me and my fiancée. I am not the only person who has had to go through such tragedy because of ridiculous sex offender laws. And my kids living with us isn’t even against the law! People who rape children, and young people that have made a mistake by sleeping with an underage girl should not be lumped in the same category. Sadly, they are. I think you should reread this article. Also, sex offender DOES NOT always mean child rapist. In fact, most people on the registry did not rape a child.

    • @SherryBranch,

      Not everyone on the s.o.r. are child rapists. I’m sorry you were misinformed. Listen closer to the news, at times, channels like HLN will discuss further, that a vast number of registrants are simply people who urinated in public. They molested / raped nobody. Perhaps caught in the wrong place, where a magazine was nearby that featured underage victims. Or had the misfortune of downloading what they presumed was free p*rno, unwittingly featured underaged victims and found on their computer… even after they erased it but got caught and convicted in an FBI sting. Some are kids who made a stupid mistake… sending pics of themself to friends at school. No matter to you, but they’re all criminals under that pseudo-sexual-predator-list. They go on the S.O.R., for 10-30 years and their lives ruined.

      Unfortunately, people like you have been misinformed by radical television propaganda, erroneously believe everyone on that list are child-rapists, pedophiles and predators and nothing could be farther from the truth.

      Most true child molestors are not and never will be put on the list. Most molestors are known by their victims (family and friends of family – they had access to the children) all of whom incidentally, will probably never be reported or investigated. In fact, they will probably be protected by family and friends.

      When searching the registry, as I recently did to check out all the “sexual predators” in my area, the more I looked into the individual charges I was SCATHED when I realized I’d been lied to. To the untrained eye, is a frightening sight… so many “offenders” in such a small radius. At first. That is until you go searching deeper and learn that most aren’t even “predators”. Listed, only because they did some stupid petty crime that landed them on that registry… which is a waste of taxpayer money. One, like yourself would erroneously presume the list is a “Sexual Predator List,” but that is certainly what it is not.

      It isn’t protecting children from “predators”. It’s a list of people who urinated in public, or made the mistake of sending other kids pics of themselves and charged as a sex offender. The actual predators are obscured by petty “offenses”.

      It serves the purpose of wasting taxes, fearmongering, and can’t find the needle in the haystack… the actual predators amidst people who peed in public or kids who experimented with drugs and got stupid one night and sent scantily clad pics of themselves to classmates. These silly crimes are what is cluttering up the S.O.R. list with nonsense and frivolous listings, to where you can not and shall not know whom the actual “sexual predators” are in your area. They don’t tell what the offense are. You have to personally ask the police for that answer!

      All courtesy of big bureaucratic government creating laws without common sense for the foundation. Your tax money at work.

    • Understand what you saying. But everyone on the sex offender registry is not a child molester. People need to look up the law and see what is considered a sex offender. You could have to use the restroom real bad and be in a place where there isn’t one. And step behind a building out of anyone’s sight. And get caught and guess who will be considered a sex offender that’s right you will. And you never touched anyone. I have a friend that in 1987 he was 17 and the young lady was 14. They had consensual sex and he was put on the sex offender list and 27 years later he is still on there. He didn’t rape her or molest her. But his life had been ruined all these years. You can’t tell me the law is fair.

    • Not all sex offenders. Have touched a child. There are other ways to be charged. Via internet porn. Rape of any woman of legal age. And via public streaking. Their is predator. And non predator. Need to read more

      • Rape of a woman that is legal age??? Really ?? I didn’t know there was a age limit to a rape victim lmao!! Rape is rape doesn’t matter what the victims age is and if they have done such a crime they need to be on the registry for life and not be allowed around any female regardless of the age!!

    • U r so right but no one knows a sex offender it can be a cousin friend a husband a mom a dad anyone a person can be so good with the family and be a under cover offender if it was 8 to 10 years serve and they are much older person I would give them a second change maybe they where young and dump are wrong place at the wrong time and if they have kids I know they fell bad for what they done but they want there kid to be better then them which is cool a lesson was learn for them setting in jail are prison what I don’t understand they quick to bring a offender down but what happen to a second chance

    • But not all are bad. Im in a situation where my husband had proof this girl lied about her age, fake ID and all.. Yet hes still a “sex offender” cause she was 5 yrs younger than him in actuality. Thus in turn he cant reside with his daughters, when he would NEVER harm them

    • Getting caught having sex on the beach with your legal age wife or peeing in public in college could land you on the registry.

      Not all offenders are pedophiles nor are they interested in children specifically.

      Sometimes bad things happen to good people without EVER having bad intent towards a child.

      And multiple studies have shown including the most recent 2016 DOJ study concluded; offenders, “with the right treatment” have proven less recidivism rates. <4% Of all other crimes committed.

      For example, an person prisoned for arson is more likely to reoffned then a person of a sex crime. Please educate yourself with the resources found on the NARSOL website before pointing fingers.

    • Define cure. Is it a disease? How is one medically diagnosed as having this disease? What are the symptoms and is it contagious?

  3. I have a question? I am married to my wife for 16 yrs and have 3 children and lived with them all this time. I am a deemed sex offender because of a computer crime in my home. I lived in Fl and when this problem started I moved my family to NC. With all the permission from the court I moved my family out of Fl. It took two years to close the case and my lawyer advised me to plead out not knowing all the ramifications that would come afterwards. I have no victims nor did i sexually offended anyone. I had a transfer request to go back home. I read your article about living with minors. These are my children and they need me home as I need to be home for them. Probation in NC rejected my transfer because there are minors in the home which are my children. FL judge gave me a condition that I can live with my children and have complete contact with my children because there was no evidence of physical Or mental abuse. I know FL and NC are different state. But reading this article i feel that NC probation is incorrect on there ruling. I need some input on this issue. Its my children and Its my home and I am married and I am stuck in FL as a transient because FL forces anyone under sex crimes to be transient in the state. I want to go back home should I reach out to the courts in NC to get the law corrected if I can live with my family.

  4. My fiance is a registered sex offender who was supposedly with a 14 year old girl when he turned 18 and is serving out the rest of his probation in Prison I have a four yrmear old son who is not his will he be allowed around my son when he gets out ive talked to Dhs about it they say no but now im getting mixed anwsers so my question is will he be aloud around my son or do i risk losing my son by being with this man i need to know

  5. I have a question.My daughter at 30 had sex with a male 15 years old 6 months within 16.He looks older and said he was 17.His mother reported it because of text messages she found on his phone.She was arrested in alamance county and admitted to the crime.We hired her an attorney and eventually was offered a lesser charge of 3 indecent liberties with a child.The attorney recommended her take the plea,he didnt tell her she wouldnt be able to live with her own children age 9 and 13 and her husband.She was allowed to live with them for 2 months as being supervised by probation officer.She was called by her probations and told to move out.The Judge gave her a split sentence of 13 – 16 months incarcerated in prison with 9 months post release supervised.2 other charges ran concurrent.He gave her 3 years probation with 24 months supervised and that was all.She also found out that she has 60 months of prerelease probation that was changing what the judge ordered which was 3 years and the judge nor the attorney told her she couldnt live at her home with her husband and children fo 60 months after her prerelease probation.This is just wrong that the judge didnt explain this to her while telling her so many rights she was waiving.She would never do this again and theres no way her children are in any danger with her at home,they are all devastated again,Is there any way for her to live with her children or get the doc to allow her to.

  6. I am paying support on my son in NorthCarolina. My sons mother knowingly moved in with her ex-husband , whom is a current registered sex offender for molesting his own children , with my son, and then remarried her ex..Is it legal for myson to be in that household? And now they are making me pay support to her husband instead of in her name! What is the legal system thinking?

  7. there should be a time limit on the sex offender registry cuz some offenders learn their lesson and deserve a second chance Alcohol sometimes play a role if the offender stops drinking and does time in prison completees the sex offender classes He or she should be given another chance

  8. Here is the REAL problem! It’s called a “Double Standard”! Meaning, what applies for “male” sex offenders, DOES NOT ( always ) apply to a “female” sex offenders, when custody of children are involved!

    Case in point: Several years ago, a father was fighting like hell to have full ( sole ) custody of his two minor children, thus removing them from the home of their mother ( a female sex offender ) For her crime, she was placed on “probation”, and violated her probation, thus placing her in prison, not once, but twice! As soon as she was released from prison the ‘first time’, less than a month later, she violated her probation ( a second time ) and was sent to prison again!

    The father had full custody of his children while the mother was in prison, but each time she was released, the courts gave = custody to the father & the mother!?

    The father has been fighting for years, for ( sole, or primary custody ) and still to date, only has a = % of custody, even though, as she is still ordered to “stay away” from EVERYONE’S children….but “her own”!?? This story was also in the news, in that, the coverage of the story showed that there was and still remains, a “Double Standard” in the court system! Case’s VERY simulator to this one, had an outcome, where the “male” sex offender father, NEVER got custody, or visitation by the court, but, when it involved a “mother”, she was awarded = % of custody, and the children had to go back into THAT environment!! “Father’s”, have never, and will never, be treated equally in a court room…and the public is well aware of this….”Double Standard”/”Unfair Treatment”! If we, the people can not trust our elected judges to maintain “Public Trust” to protect our children, then those judges should be quickly removed from office, as punishment, for allowing children to be “at risk”, and made into a horrible statistic, and victim and product of that environment!! When this sort of thing takes place ( and it does ) the life of that child is over, because it “kill’s” who they ( could have been ) in their life!! Not only is Legal Reform needed, but, our courts rooms/system, is LONG overdue for reform as well…..

  9. I have a code and I was wondering if you could explain this to me further. Is this saying that sex offenders cant accept a minor into there care at all? Rather it be at residence or no? Rather it be family or not? It says sexual predator. Could you just explain to best of your knowledge what this is stating?

    Certain Restrictions Against Accepting Minors into Residence of Offender (G.S. § 14-208.17(b))
    It is unlawful for any person who knows that an offender who is required to register
    under Article 27A resides at his or her residence to conduct any activity at the residence which
    involves accepting a minor or minors into his or her care or custody from another.

    § 14-208.17. Sexual predator prohibited from working or volunteering for child-involved activities; limitation on residential use.
    (a) It shall be unlawful for any person required to register under this Article to work for any person or as a sole proprietor, with or without compensation, at any place where a minor is present and the person’s responsibilities or activities would include instruction, supervision, or care of a minor or minors.
    (b) It shall be unlawful for any person to conduct any activity at his or her residence where the person:
    (1) Accepts a minor or minors into his or her care or custody from another, and
    (2) Knows that a person who resides at that same location is required to register under this Article.
    (c) A violation of this section is a Class F felony. (2006-247, s. 11(b).)

  10. I have a soninlaw who was arrested for inappropriate touching of 10 year old he is looking at 5-6 years prison afterwards can he move back in with his family of 3 children

  11. my boyfriend has two grandchildren he’s a sex offender they are minors can he live in the house with them he’s not on paper but he has to Resister in the state of new york


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