registration

SORNA Compliance Legislation

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I’ve written before about how North Carolina’s law related to sex offender registration has changed over the years in response to federal mandates. In 2006 Congress passed the Adam Walsh Child Protection and Safety Act, Title I of which is the Sex Offender Registration and Notification Act, or SORNA. SORNA includes a set of minimum … Read more

Sex Offender Registration as a Bargaining Chip

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I am sometimes asked if a defendant convicted of a reportable sex crime can plea bargain his or her way out of the obligation to register. I have also been asked if a defendant convicted of a non-reportable offense can plead his or her way into registration. A formal advisory opinion from that state attorney … Read more

Comprehensive Resources Regarding Sex Offender Registration and Monitoring

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Jamie Markham’s famous sex offender flow chart is the best one page reference that money can buy.  And it’s free!  The latest revision is available here.  Jamie has also put together a longer and more comprehensive treatment of the sex offender laws.  It covers both sex offender registration and satellite-based monitoring, and as always with … Read more

New Sex Offender Registration and Monitoring Chart

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I recently finished a comprehensive update of my Sex Offender Registration and Monitoring Flow Chart. It’s available here. As before, it includes a list of all reportable crimes (with a key to the relevant effective date applicable to each) and a summary of the satellite-based monitoring (SBM) determination hearing process required when a person is … Read more

Proper Notice for SBM Determinations: State v. Stines

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I mentioned earlier that the court of appeals decided two satellite-based monitoring cases this week. I discussed State v. Morrow on Wednesday. Today I’ll cover State v. Stines. In Stines, the defendant was convicted of taking indecent liberties with children in 1997 and again in 2004. He was sentenced to active time for the 2004 … Read more

Sex Offender Q and A

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by School of Government faculty member Jamie Markham

Last month I taught a session for the superior court judges on sex offender registration and monitoring. The handout I used included a set of exercises that we didn’t have time to get through in the session, so I promised the judges I would distribute answers. But why should they get to have all the fun? The exercises follow, with answers after the jump. My sex offender registration and monitoring flow chart is available here if you need it. Page Two, Side Two of form AOC-CR-603 might also come in handy. Finally, for those interested in additional reading, the full handout I used in the session is available here and a related handout from another session is available here.

1.  Which of the following offenders are subject to sex offender registration?

a.  A defendant is convicted of sexual battery on January 15, 2008, based on acts that occurred on October 5, 2005.

b.  A defendant is convicted of crime against nature on November 12, 2008, based on acts that occurred on July 1, 2008.

c.  A defendant released from prison on July 1, 1996 after serving a 15-month sentence for an April 1995 conviction for taking indecent liberties with children.

2.  A defendant pleads guilty to assault on a female based on acts involving his 12-year-old step-daughter. He pushed her after she refused his sexual advances. He is sentenced to 36 months of probation.

a.  Is this a reportable conviction?

b.  Is the defendant subject to any special conditions of probation?

3.  A person subject to the 30-year sex offender registration requirement was arrested and charged with failure to register when he didn’t respond to a semiannual verification form as required in G.S. 14-208.11. Can this offender successfully petition to terminate his registration requirement after 10 years under G.S. 14-208.12A?

4.  In 2009, a defendant is convicted of first-degree rape based on an offense that occurred July 1, 2000. The victim was a 25-year-old woman.

a.  Is this a reportable conviction? If so, how long must this offender register?

b.  Is the offender subject to satellite-based monitoring? If so, for how long?

c.  Suppose the victim was a 16-year-old girl. Does this change your answer to (b)?

5.  A 19-year-old defendant pleads guilty to taking indecent liberties with a 13-year-old girl. The offense, which involved consensual oral sex, took place January 12, 2009.

a.  Is the offender subject to satellite-based monitoring? If so, for how long?

b.  Suppose the victim was 11. Does this change your answer to (a)?

6.  A defendant was convicted for taking indecent liberties in 1989. He was later convicted again for taking indecent liberties in 2005, given an active sentence, and released from prison in 2008. Is he subject to lifetime registration and lifetime satellite based monitoring as a recidivist?

7.  In 2009, a defendant is convicted of felony indecent exposure under G.S. 14-190.9(a1). The victim was a 10-year-old girl. At sentencing you determine that the offender is not a recidivist, aggravated offender, or sexually violent predator. You do, however, find that the defendant committed an act involving the sexual abuse of a minor, so you order DOC to complete a risk assessment.

a.  Do you wait for DOC to complete the risk assessment before sentencing the defendant? (G.S. 14-208.40A(d) says DOC shall have 30 to 60 days to complete the assessment and report the results.)

b.  Suppose the assessment comes back MODERATE. What are your options?

c.  Suppose the assessment comes back HIGH. What are your options?

Again, the answers are after the jump.

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