Autumn McClain  |  August 4, 2020

Category: Legal News

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What is the North Carolina Sex Offenders Law?

Sex offender lists like the North Carolina Sex Offenders Registry allow law enforcement and residents to gain information regarding offenders in their area. However, there are some groups, including the clergy, who may be less likely to appear on these lists. Offenders who aren’t on the list are not required to abide by the restrictions placed on registered offenders including not living near schools or working with kids.

What is the North Carolina Sex Offenders Registry?

According to the North Carolina Sex Offender and Public Protection Registry, the state legislature established the registry in 1996 in order to help protect and inform residents of the state. The law also establishes guidelines for residents of North Carolina, non-resident workers, and non-resident students. The North Carolina Sex Offenders Registry also allows law enforcement in the state to register and monitor certain offenders.

What is the North Carolina Sex Offenders Law?

Under the North Carolina Sex Offenders Law, there are four different groups of people who are required to register. First, residents of the state with “reportable convictions” are required to register. So are persons who have a “reportable conviction” from a state other than North Carolina who later move there or are present in the state for 15 days or more.

Nonresidents who are students in the state with reportable convictions or who are on a sex offender registry in their home state must also register in North Carolina. Finally, non-residents who are in the state for work with “reportable convictions” or who are registered in their home state must also register with the North Carolina Sex Offenders Registry.

A “reportable conviction” is an umbrella term that includes many different types of crimes. These crimes include offenses against a minor, sexually violent offenses, aiding or abetting in other reportable offenses, attempting any reportable offenses, “secretly peeping,” sex trafficking, trafficking of a minor, and other crimes of a similar nature under federal laws and other states’ laws.

The North Carolina Sex Offenders Law also establishes an effective date after which offenders are required to register. For example, if a non-resident student committed a reportable offense after Oct. 1, 2001, then they are required to register with the North Carolina Sex Offenders Registry.

A similar student who committed the crime prior to that date might not be required to register. There are also guidelines regarding how long an offender has to file after they are convicted of a crime or enter the state.

Does the North Carolina Sex Offenders Registry List Clergy Members?The law further regulates some of the behaviors of the offenders on the registry. Offenders are restricted from living near schools and also may not care for minors at their place of residence. They may not do work involving caring for or monitoring minors and are restricted from receiving some types of licenses.

How Many Sex Offenders are in North Carolina?

According to the North Carolina Sex Offenders Registry, there are 24,970 registered sex offenders in the state. Many of these offenders are either incarcerated or out of the state with just over 8,000 individuals falling into these groups. It’s worth noting that the registry does not include all sex offenders who may be living in the state. For instance, it appears as though the list does not include clergy members. There are many reasons why an offender may not appear on the list including that the crime was committed or charged before the laws requiring registry came into effect.

Does the North Carolina Sex Offenders Registry List Clergy Members?

According to USA Today, many clergy members are allowed to live near schools because they aren’t registered offenders. Some offenders were convicted before laws like the North Carolina Sex Offenders Registry Law came into effect. Others may be able to avoid having to register if they reached a settlement in the lawsuit against them. If a clergy member is stripped of their clerical rights rather than facing prosecution, they may not be required to register either.

Many states, including North Carolina, prohibit registered sex offenders from living within 500 to 2,000 feet of schools, playgrounds, or care centers. Advocates for the accused like executive director of the New York Civil Liberties Union Donna Lieberman feel that restrictions like this effectively punish offenders for life.

“Let’s be honest: We’re not sentencing you to 30 days or 60 days or a year or five years; we’re sentencing people to a life in exile,” Lieberman told USA Today. “And that’s not really appropriate.”

However, several Catholic dioceses maintain lists of credibly accused clergy members. The Diocese of Charlotte established such a list in late 2019. Many of those on the list are deceased, and at least two have been convicted for their crimes.

The Catholic Diocese of Raleigh also maintains a list of the credibly accused clergy in the Roman Catholic sex abuse scandal. That credibility is determined by the Review Board of the Diocese of Raleigh.

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This article is not legal advice. It is presented
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