Sexual Assaults: One Conviction or Two?
Jessica Smith
One recurring question I get asked is this: If the Defendant engages in two sex acts in one continuous transaction, how many assaults have occurred? When the acts are vaginal […]
May 16, 2011
One recurring question I get asked is this: If the Defendant engages in two sex acts in one continuous transaction, how many assaults have occurred? When the acts are vaginal […]
Read post "Sexual Assaults: One Conviction or Two?"May 4, 2011
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 […]
Read post "SBM Update: First-Degree Statutory Rape Is an Aggravated Offense"April 28, 2011
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 […]
Read post "SORNA Compliance Legislation"March 10, 2011
The News & Observer ran an article last weekend about some of the restrictions on where sex offenders are allowed to live or go. One of the laws mentioned was […]
Read post "The 300-Foot Rule"February 17, 2011
Yesterday, I taught a class on the use of Rule 404(b) evidence in sexual assault cases. During the class, we discussed the general rule against admitting the bare fact of […]
Read post "The Sexual Assault Exception to the “Bare Fact” Rule"February 7, 2011
I’m preparing to teach a session during which I’ll cover the use of Rule 404(b) evidence in sexual assault cases. (As most readers of this blog know, Rule 404(b) evidence […]
Read post "Old 404(b) Evidence in Sexual Assault Cases"December 8, 2010
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 […]
Read post "Sex Offender Registration as a Bargaining Chip"October 21, 2010
I mentioned in my last post that State v. Bowditch was not the only satellite-based monitoring (SBM) case recently decided by the Supreme Court of North Carolina. The court also […]
Read post "More SBM Fallout from the Supreme Court"September 27, 2010
The court of appeals decided two satellite-based monitoring cases last week, State v. May and State v. Cowan. The May case—which primarily orders the correction of a clerical error—reminds us […]
Read post "Effective Dates for the Satellite-Based Monitoring Law"August 18, 2010
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 […]
Read post "New Sex Offender Registration and Monitoring Chart"