A case from the court of appeals this week answered a longstanding question about which offenses are “aggravated” for sex offender registration and satellite-based monitoring (SBM) purposes.
satellite based monitoring
Revised Sex Offender Flow Chart (October 2015 Edition)
With the General Assembly done for the year, it’s time to post an updated sex offender registration and monitoring flow chart. A major reorganization of the sex crimes in Chapter 14 necessitated more changes than usual.
Revised Sex Offender Flow Chart (March 2015 edition)
It’s time to post an updated sex offender and monitoring flow chart. I was going to do it last week, but I’m glad I didn’t. Yesterday, the Supreme Court of the United States reversed North Carolina’s appellate courts on an issue that may impact the constitutionality of SBM. The new chart, available here, incorporates Grady v. North Carolina and includes several other changes.
Revised Sex Offender Flow Chart (June 2014 edition)
It’s time to post an updated sex offender registration and monitoring flow chart. The new chart is available here. It incorporates the following issues, which were resolved by recent appellate cases. “Final conviction” for registration purposes. As discussed in this prior post, the Supreme Court of North Carolina affirmed the ruling of the court of … Read more
Sentencing Rules for Rape and Sexual Offense Against a Child by an Adult Offender
In 2008 the General Assembly enacted two new crimes, rape of a child by an adult offender under G.S. 14-27.2A, and sexual offense with a child by an adult under G.S. 14-27.4A. S.L. 2008-117. Both crimes have special sentencing rules and special provisions for lifetime satellite-based monitoring. Today’s post responds to some of the questions … Read more
Updated Sex Offender Flow Chart (July 2012 edition)
It’s been over six months since the last update of my sex offender flow chart (the previous version was current as of January 12, 2012). A revised version is now available here. As in the prior version, everything to do with registration is on the front and everything to do with satellite-based monitoring (SBM) is … Read more
Satellite-Based Monitoring Update
It’s been a while since I wrote anything about satellite-based monitoring (SBM) of sex offenders. A recent case from the court of appeals provides a nice opportunity for an update. The case, State v. Sprouse, dealt with (among other issues) the heavily-litigated question of what constitutes an “aggravated offense” for purposes of the SBM law. … Read more
SBM Update Part II: State v. Green
Last week I wrote about State v. Clark and State v. Brown, the latest cases from the court of appeals on what qualifies as an aggravated offense at a satellite-based monitoring (SBM) determination hearing. You can read that post here. To sum it up, under a line of cases summarized in Clark, first- and second-degree … Read more
SBM Update: First-Degree Statutory Rape Is an Aggravated Offense
The court of appeals recently decided a few cases involving satellite-based monitoring (SBM) of sex offenders, so it seemed a good time to write a blog post about it and to update my sex offender registration and monitoring flow chart. In State v. Clark, the defendant was convicted of first-degree rape under G.S. 14-27.2(a)(1)—that is, … Read more
Comprehensive Resources Regarding Sex Offender Registration and Monitoring
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