Defense Attorney welcomes some return to normalcy for those convicted of sex crimes
Last March 2015, Graham County Sheriff Danny Millsaps announced that he was banning sex offenders from church. More recently in November 2015, The N.C. Supreme Court upheld a state law that prohibits registered sex offenders from using Facebook or other social networking sites where minors can have an account. These are just the latest developments in a long list of North Carolina events related to sex offenses that border on the absurd and possibly unconstitutional.
North Carolina’s list of sex offenders include people who were minors when they committed their offenses, and even people who are still minors. It also includes people who have committed crimes decades ago and have never repeated their crime since. It even includes people convicted of misdemeanors such as public urination, streaking and sexting.
As you can see, though such laws may serve a noble purpose, they are problematic for those who may have previously committed a crime, but currently pose no danger to society.
North Carolina’s 300-foot rule for sex offenders
For a long time, NC law has prohibited registered sex offenders from being within 300 feet of the following:
- Any place intended primarily for the use, care, or supervision of minors, including, but not limited to, schools, children’s museums, child care centers, nurseries, and playgrounds.
- Any location intended primarily for the use, care, or supervision of minors when the place is located on premises that are not intended primarily for the use, care, or supervision of minors, including, but not limited to, malls, shopping centers, or other property open to the general public.
- Any place where minors gather for regularly scheduled educational, recreational, or social programs.
A return to normalcy
Fortunately, last April 2016, a federal judge permanently enjoined all N.C. district attorneys from enforcing the 300-foot rule for sex offenders. With the federal order, only the portion of the 300-foot rule that prohibits entry onto the premises of child-centered facility, such as a school or child care center, remains enforceable.
This development can be viewed as a sort of return to normalcy, as the statutes that govern sex offenders seem to be spiraling out of control. The order from the federal judge can give sex offenders and their families a reprieve from such an onslaught.
In need if a sex crimes lawyer?
If you believe that you are in danger of being charged with a sex offense, talk to a lawyer immediately. The Raleigh sex crimes lawyers with Kurtz & Blum will help you navigate this complex area of law and help you achieve the best possible outcome.
(Federal Judge Enjoins 300-Foot Rule for Sex Offenders, NCCriminalLaw.sog.unc.edu)
(Federal Judge Enjoins Enforcement of Sex Offender Premises Restriction, NCCriminalLaw.sog.unc.edu)