NC’s new sex offender law is unjust and unconstitutional

By MARK JOSEPH STERN . . . A new sex offender law took effect in North Carolina on Thursday, restricting offenders’ freedom of movement and association by barring them from libraries, recreational parks, pools, and fairs. The law is designed to replace a previous measure that a federal court ruled unconstitutional in April. It will do nothing to stop sex crimes while continuing to isolate, penalize, and ostracize fully rehabilitated offenders who are attempting to rejoin society.

North Carolina’s previous sex offender law was a constitutional monstrosity that essentially gave prosecutors—as well as law enforcement and probation officers—the power to punish offenders who dared to leave their house. Under the statute, offenders could not be present in any place used by children. Its hazy, sweeping regulations were interpreted to forbid former offenders from attending G-rated movies, eating at fast food restaurants with attached play areas, walking in or near recreational facilities, and going to church. Former offenders were also barred from visiting hospitals, museums, malls, shopping centers, and community colleges, because children might be present. (Bizarrely, the law applied to offenders whose crimes did not involve minors.)

A federal judge struck down most of the previous law, holding that it was unconstitutionally vague and overbroad in violation of the First Amendment. So North Carolina simply re-enacted it it with several tweaks. The new version explicitly lists the kind of places where sex offenders may not go and limits its application to offenders whose crimes involved minors. While the old law barred offenders from “any place where minors gather for regularly scheduled educational, recreational or social programs,” the new one bars them from places where minors “frequently congregate”—including libraries, amusements parks, recreational facilities, and swimming pools. Moreover, the most stringent new provisions apply only to offenders whose crimes involved minors, and only bar offenders from no-go zones when minors are actually present.

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3 thoughts on “NC’s new sex offender law is unjust and unconstitutional

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    October 17, 2017 at 9:18 pm
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    I am wanting to know how this new law effects those not convicted of crime against minor. Are they now allowed to live near schools or go to parks or work near these areas..

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  • Avatar
    September 3, 2016 at 12:09 pm
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    frequently congregate, including, but not limited to, libraries, arcades, amusement parks, recreation parks, and swimming pools, when minors are present

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  • Avatar
    September 3, 2016 at 9:58 am
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    Does anyone else have a problem with “Including but not limited to” of this law? what exactly does it mean? Seems like a loophole to be abused by law enforcement to me.

    Reply

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