Grabarczyk v. Stein case harmed by N.C. General Assembly

By JAMIE MARKHAM — In a post last year, here, I discussed some of the issues related to sex offender registration for out-of-state offenses. Among other things, I noted a federal case in which a registrant challenged the constitutionality of North Carolina’s process (or, really, lack of process) for determining whether a conviction from another state is substantially similar to a North Carolina crime requiring registration. A subsequent case prompted a legislative change that is the main subject of today’s post.

The background rule at issue is in G.S. 14-208.6(4)b.—a conviction from another state is a reportable conviction in North Carolina if it is “substantially similar to an offense against a minor or a sexually violent offense,” which are the main categories of North Carolina crimes that require sex offender registration. A version of the same rule applies for federal convictions, including convictions by court martial. G.S. 14-208.6(4)c.

Read the entire blog posting by clicking here

Dwayne Daughtry

Dwayne is NCRSOL's Executive Director.

2 thoughts on “Grabarczyk v. Stein case harmed by N.C. General Assembly

  • November 15, 2021 at 2:44 am
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    Good Morning,

    I have a hearing today in Guilford County related to Grabarczyk V. Stein. With the recent decision by the 4th Circuit, has this rendered any claims by the members of the class moot, or will there be further appeals? I was initially planning to seek a continuance on today’s Judicial Review, but with the recent legislative end run around the 14th Amendment, that seems pointless.

    Reply
  • October 5, 2020 at 9:40 am
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    Well that seems par with the opinions at the sheriffs department . I have not received any information from them just my demand for personal appearance for said registering. Seems they have no intention of allowing the constitution interfere with their agenda

    Reply

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