Sex Offender Laws in North Carolina
Any offense where a defendant subjects to a victim to offensive and undesirable sexual acts that include acts from rape to groping is referred to as a sexual assault.
Crime classifications and sexual assault laws in North Carolina are similar to the rape laws of the state, with only one major distinction. The state of North Carolina has defined rape as an act that involves vaginal penetration. On the other hand, North Carolina has defined forced anal penetration as "sexual offense." However, for both these charges, a convicted may have to be behind bars from forty-four months to lifelong imprisonment.
What are the categories of sex offenders in North Carolina?
There are two distinct degrees of rape in North Carolina. They are as follows:
1) 1st-degree rape
It is defined as a kind of rape where an individual forces the sufferer to have sex without the latter’s consent and either holds a deadly weapon, helped by one or multiple people, or causes a serious bodily injury upon the sufferer.
Additionally, statutory rape can also be regarded as a 1st-degree rape and may happen when the victim was less than 13-year-old, as well as, the defendant was a minimum of 12-year-old, and there is a minimum of the age difference of four years between the defendant and the victim. A 1st-degree sexual offense is punishable as Class B1 felony and can lead to 144 months behind bars.
2) 2nd-degree rape
It is a rape where a defendant compels a sufferer to have sex without consent. Plus, the victim could not give consent due to reasons such as physical helplessness, mental incapacitation or mental disability. 2nd-degree rape leads to Class C felony and is punishable by sending a convict behind bars from 44 to 182 months depending upon the circumstances.
Requirements of a sex offender in North Carolina
1. The defendant has to register for a minimum of thirty years and at times for life
Post the date of the first registration of a defendant; they need to keep registering themselves as a sex offender for a minimum of 30 years. They can be only to make a petition to a court after having registered themselves for ten years.
2. Sex offenders are prohibited from renewing or procuring specific credentials and licenses
While it can be difficult for any person to find a job but coupled with registration for sex offender and being convicted, it can be almost next to impossible.
3. Sex offenders in North Carolina are prohibited from residing within one thousand feet of a childcare facility or a school
Irrespective of a defendant having a great home, if the person’s house is situated within a thousand feet of a childcare facility with kids below 13-year-old or any school, they need to stay in a different house.
The time frame to register as a sex offender in North Carolina
In case an individual (convict for a sex offense) lives in North Carolina, they have to register:
- Within ten days of being released from a detention center or after arriving in a county so that they can reside outside their jail; or
- Just after being convicted for an offense, which is reportable where the imposition of a term of imprisonment is yet to happen.
In case the defendant relocates to the state of North Carolina outside the state, they need to register themselves within ten days of residing in the state or if the individual has been there in North Carolina for 15 days.
Failure to Comply
In case a person fails to comply with the requirement of registering as a sex offender in North Carolina, it is regarded as a Class F felony. The punishment for the defaulter can be up to 62 months of imprisonment.