Certain criminal convictions in North Carolina require sex offender registration, which carries a set of implications on the liberty interests of the accused far beyond the terms of a criminal judgment. Those offenses are known as “reportable convictions.”
What is a Reportable Conviction?
A “Reportable Conviction” is defined in N.C. General Statute 14-208.6(4) as any of the following:
- A final conviction for
- an offense against a minor,
- a sexually violent offense, or
- an attempt to commit any of those offenses unless the conviction is for aiding and abetting.
- Note: A final conviction for aiding and abetting is a reportable conviction only if the court sentencing the individual finds that the registration of that individual under this Article furthers the purposes of this Article as stated in G.S. 14-208.5.
- A final conviction in another state of an offense, which if committed in this State, is substantially similar to an offense against a minor or a sexually violent offense as defined by this section, or a final conviction in another state of an offense that requires registration under the sex offender registration statutes of that state.
- A final conviction in a federal jurisdiction (including a court martial) of an offense, which is substantially similar to an offense against a minor or a sexually violent offense as defined by this section.
- A final conviction for a violation of
- Felony secret peeping, G.S. 14-202(d), (e), (f), (g), or (h), or
- a second or subsequent conviction for a violation of Misdemeanor secret peeping, G.S. 14-202(a), (a1), or (c),
- Note: only if the court sentencing the individual issues an order pursuant to G.S. 14-202(l) requiring the individual to register.
- A final conviction for a violation of unlawful sale, surrender, or purchase of a minor, G.S. 14-43.14,
- Note: only if the court sentencing the individual issues an order pursuant to G.S. 14-43.14(e) requiring the individual to register.
What is an Aggravated Offense?
An “Aggravated Offense” is defined in N.C. General Statute 14-208.6(1A) as any criminal offense that includes either:
- engaging in a sexual act involving vaginal, anal, or oral penetration with a victim of any age through the use of force or the threat of serious violence; or
- engaging in a sexual act involving vaginal, anal, or oral penetration with a victim who is less than 12 years old.
What is a Sexually Violent Offense?
A “Sexually Violent Offense” as defined in N.C. General Statute 14-208.6(5) includes any of the following offenses (or a solicitation or conspiracy to commit any of these offenses; aiding and abetting any of these offenses):
- G.S. 14-27.6 (former) (attempted rape or sexual offense),
- G.S. 14-27.21 (first-degree forcible rape),
- G.S. 14-27.22 (second-degree forcible rape),
- G.S. 14-27.23 (statutory rape of a child by an adult),
- G.S. 14-27.24 (first-degree statutory rape),
- G.S. 14-27.25(a) (statutory rape of a person who is 15 years of age or younger and where the defendant is at least six years older),
- G.S. 14-27.26 (first-degree forcible sexual offense),
- G.S. 14-27.27 (second-degree forcible sexual offense),
- G.S. 14-27.28 (statutory sexual offense with a child by an adult),
- G.S. 14-27.29 (first-degree statutory sexual offense),
- G.S. 14-27.30(a) (statutory sexual offense with a person who is 15 years of age or younger and where the defendant is at least six years older),
- G.S. 14-27.31 (sexual activity by a substitute parent or custodian),
- G.S. 14-27.32 (sexual activity with a student),
- G.S. 14-27.33 (sexual battery),
- G.S. 14-43.11 (human trafficking) if
- (i) the offense is committed against a minor who is less than 18 years of age or
- (ii) the offense is committed against any person with the intent that they be held in sexual servitude,
- G.S. 14-43.13 (subjecting or maintaining a person for sexual servitude),
- G.S. 14-178 (incest between near relatives),
- G.S. 14-190.6 (employing or permitting minor to assist in offenses against public morality and decency),
- G.S. 14-190.9(a1) (felonious indecent exposure),
- G.S. 14-190.16 (first degree sexual exploitation of a minor),
- G.S. 14-190.17 (second degree sexual exploitation of a minor),
- G.S. 14-190.17A (third degree sexual exploitation of a minor),
- G.S. 14-202.1 (taking indecent liberties with children),
- G.S. 14-202.3 (Solicitation of child by computer or certain other electronic devices to commit an unlawful sex act),
- G.S. 14-202.4(a) (taking indecent liberties with a student),
- G.S. 14-205.2(c) or (d) (patronizing a prostitute who is a minor or has a mental disability),
- G.S. 14-205.3(b) (promoting prostitution of a minor or a person who has a mental disability),
- G.S. 14-318.4(a1) (parent or caretaker commit or permit act of prostitution with or by a juvenile), or
- G.S. 14-318.4(a2) (commission or allowing of sexual act upon a juvenile by parent or guardian).
Who is considered a Sexually Violent Predator?
A sexually violent predator is defined in N.C. General Statute 14-208.6(6) as a person who:
- has been convicted of a sexually violent offense, and
- who suffers from a mental abnormality or personality disorder that makes the person likely to engage in sexually violent offenses directed at strangers or at a person with whom a relationship has been established or promoted for the primary purpose of victimization.
For purposes of determining whether a person may be classified as a sexually violent predator, the DA and Court must take specific steps, as outlined in North Carolina General Statute 14-208.20. These steps include the following:
- The District Attorney must give notice by filing pretrial motions under G.S. 15A-952
- The Court must order a presentence investigation conducted by a board of experts comprised of at least four people.
- This board must also have, at a minimum
- One victim’s right’s advocate
- One representative of law enforcement agencies
- Two experts in the field of behavior and treatment of sexual offenders
- One of which must be provided by the North Carolina Medical Society and
- Not employed by the Division of Prisons of the Department of Adult Correction, or employed on a full-time basis with any other State agency.
- One of which must be provided by the North Carolina Medical Society and
- This board must also have, at a minimum
- The Court must hold a Sentencing hearing where they take the presentence investigation report under advisement and make written findings of fact as to whether it is suitable to classify a person as a sexually violent predator, as well as their basis for doing so.