Will I be placed on the Sex Offender List?

Being placed on a Sex Offender Registry depends on the type of crime that a person is charged and convicted of. Unfortunately, in only rare conditions will an individual be able to avoid being placed on a sex offender registry. Under § 14-208.6C “the period of registration required by any of the provisions of this Article shall be discontinued only if the conviction requiring registration is reversed, vacated, or set aside, or if the registrant has been granted an unconditional pardon of innocence for the offense requiring registration.”

No matter what your criminal offense, being placed on a Sex Offender Registry is a prison term within itself. Don’t let this happen to you. If you or a loved one is accused of a crime that will result in their name being placed on the Sex Offender Registry-List, it is important that you act soon, even before a charge is brought.

Registration follows a “reportable conviction”, not a charge

In North Carolina the trigger for registration is defined precisely. G.S. 14-208.6(4) defines a “reportable conviction” as a final conviction for an offense against a minor, a sexually violent offense, or an attempt to commit either, together with substantially similar convictions from other states, comparable federal convictions, and certain violations of G.S. 14-202 and G.S. 14-43.14 where the sentencing court orders registration.

The word that does the work is “conviction”. A charge does not create a duty to register. A dismissal does not. An acquittal does not. Registration attaches at the point a conviction becomes final, which is why the identity of the offense pleaded to is frequently the most consequential term in any resolution of a sex offense case.

The list of sexually violent offenses is closed

G.S. 14-208.6(5) does not describe sexually violent offenses in general terms. It enumerates them by section number, and an offense that is not on the list is not a sexually violent offense however serious the underlying conduct.

The list runs across Article 7B of Chapter 14 and well beyond it, and it includes some subsections rather than whole sections — a distinction that decides cases. G.S. 14-27.25(a) is listed; G.S. 14-27.25(b) is not. G.S. 14-190.9(a1) is listed; G.S. 14-190.9(a) is not. G.S. 14-202.4(a) is listed; subsection (b) is not. And secret peeping under G.S. 14-202 does not appear anywhere in the list at all.

First and second-degree forcible rape, G.S. 14-27.21 and 14-27.22
Statutory rape of a child by an adult and first-degree statutory rape, G.S. 14-27.23 and 14-27.24
G.S. 14-27.25(a), where the defendant is at least six years older
The sexual offense counterparts, G.S. 14-27.26 to 14-27.29 and G.S. 14-27.30(a)
Sexual activity by a substitute parent or custodian, G.S. 14-27.31, and sexual activity with a student, G.S. 14-27.32
Sexual battery, G.S. 14-27.33
Attempted rape or sexual offense under former G.S. 14-27.6
Human trafficking under G.S. 14-43.11, but only where the offense is committed against a minor under 18 or against any person with the intent that the person be held in sexual servitude, and sexual servitude under G.S. 14-43.13
Incest between near relatives, G.S. 14-178
Employing or permitting a minor to assist in offenses against public morality and decency, G.S. 14-190.6
Felonious indecent exposure, G.S. 14-190.9(a1)
First, second and third degree sexual exploitation of a minor, G.S. 14-190.16, 14-190.17 and 14-190.17A
Taking indecent liberties with children, G.S. 14-202.1, and with a student, G.S. 14-202.4(a)
Solicitation of a child by computer, G.S. 14-202.3
Certain prostitution offenses involving minors, G.S. 14-205.2(c) and (d) and G.S. 14-205.3(b)
Offenses by a parent or caretaker under G.S. 14-318.4(a1) and (a2)

“Offense against a minor” is a short and specific list

The second route into registration has nothing to do with sexual conduct. G.S. 14-208.6 defines an “offense against a minor” as kidnapping under G.S. 14-39, abduction of children under G.S. 14-41, or felonious restraint under G.S. 14-43.3, where the offense is committed against a minor and the person committing it is not the minor’s parent. Solicitation, conspiracy and aiding and abetting are included.

This is why a conviction for kidnapping can produce sex offender registration in North Carolina even where nothing sexual was alleged. The parental exception is written into the definition itself, and it is a limit on the category rather than a discretionary allowance.

For a small group of offenses, the court decides

Most registration in North Carolina attaches on conviction. For a narrow set of offenses it does not. Secret peeping under G.S. 14-202 is the clearest example: the section is not a sexually violent offense, and it reaches registration only through G.S. 14-208.6(4), which makes a violation of G.S. 14-202(d), (e), (f), (g) or (h), or a second or subsequent violation of G.S. 14-202(a), (a1) or (c), a reportable conviction only where the sentencing court orders registration. G.S. 14-202(l) sets out that decision: the court considers whether the person is a danger to the community and whether registration would further the purposes of Article 27A, and an order requiring registration is entered only if the court so rules.

The same structure applies to G.S. 14-43.14, the unlawful sale, surrender or purchase of a minor, which is included in the definition of reportable conviction only where the sentencing court makes the corresponding finding and orders registration. In these cases the registration question is argued at sentencing on evidence, separately from the plea or the verdict, and a conviction alone does not settle it.

Out-of-state and federal convictions

A person who moves to North Carolina with a conviction from elsewhere is not outside the scheme. G.S. 14-208.6(4) reaches a final conviction in another state that is “substantially similar” to a North Carolina offense against a minor or sexually violent offense, and a final conviction in a federal court of a comparable offense. It also reaches a person required to register in their state of residency.

Whether a foreign offense is substantially similar to a North Carolina offense is a question of law decided by comparing the elements of the two statutes. It is a question that is capable of being litigated rather than simply assumed by the registering sheriff.

Once registration attaches, the routes out are narrow

G.S. 14-208.6C states that “the period of registration required by any of the provisions of this Article shall be discontinued only if the conviction requiring registration is reversed, vacated, or set aside, or if the registrant has been granted an unconditional pardon of innocence for the offense requiring registration”. That is the only mechanism that removes the requirement outright.

Separate from it, G.S. 14-208.12A allows a person registered under the Sex Offender and Public Protection Registration Program to petition the superior court after ten years to terminate the 30-year requirement. That is a discretionary application decided on statutory findings, not an entitlement, and it is unavailable to a person required to register for life under G.S. 14-208.23.

Where the question is actually decided

In Mecklenburg County, as elsewhere in North Carolina, the registration question is settled by the charge of conviction and by any findings the sentencing court makes. It is not a separate proceeding brought later by the sheriff. The sheriff administers registration; the court determines whether the conviction is one that requires it.

For that reason the registration consequence of every available charge is normally identified before any plea is entered, because the difference between two subsections of the same statute — or between two statutes carrying identical punishment — can be the difference between a duty that lasts three decades and no duty at all.

Common questions

Does every sex-related charge in North Carolina lead to registration?

No. Registration follows a “reportable conviction” as defined in G.S. 14-208.6(4), which requires a final conviction for an offense against a minor, a sexually violent offense, or an attempt to commit either. A charge that is dismissed, or that ends in acquittal, creates no duty to register. The list of sexually violent offenses in G.S. 14-208.6(5) is enumerated by section number, and some entries name only particular subsections.

Can a kidnapping conviction require sex offender registration in North Carolina?

Yes. G.S. 14-208.6 defines an “offense against a minor” as kidnapping under G.S. 14-39, abduction of children under G.S. 14-41, or felonious restraint under G.S. 14-43.3, where the offense is committed against a minor and the person committing it is not the minor’s parent. A conviction for one of those offenses against a minor is a reportable conviction even where no sexual conduct was alleged.

Is registration ever discretionary in North Carolina?

For a small group of offenses it is. Secret peeping under G.S. 14-202 is not a sexually violent offense; under G.S. 14-208.6(4) a violation of subsections (d) to (h), or a second or subsequent violation of (a), (a1) or (c), becomes reportable only where the sentencing court orders registration, and G.S. 14-202(l) requires the court first to consider whether the person is a danger to the community and whether registration would further the purposes of Article 27A. G.S. 14-43.14 is included on the same conditional basis. For the enumerated sexually violent offenses, registration is not discretionary.

What happens if someone moves to North Carolina already registered elsewhere?

G.S. 14-208.6(4) reaches final convictions from other states that are substantially similar to a North Carolina offense against a minor or sexually violent offense, comparable federal convictions, and persons required to register in their state of residency. Under G.S. 14-208.7(a1), a nonresident student or nonresident worker registers with the sheriff of the county where they attend school or work. Whether a foreign offense is substantially similar is decided by comparing the elements of the two statutes.

Written for North Carolina law and reviewed by David P. Sheehan, attorney, Charlotte. General information, not legal advice — see the disclaimer.