The 300-Foot Rule

The News & Observer ran an article last weekend about some of the restrictions on where sex offenders are allowed to live or go. One of the laws mentioned was G.S. 14-208.18(a)(2), which makes it a Class H felony for certain registered sex offenders to “knowingly be . . . [w]ithin 300 feet of any location intended primarily for the use, care, or supervision of minors when the place is located on premises that not 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] that are located in malls, shopping centers, or other property open to the general public.” It was clear from the article that there’s some confusion about the law, so it seemed a good topic for today’s post. Passed in 2008 (S.L. 2008-117), the 300-foot rule prohibits covered offenders from going near certain locations within places. It effectively tells the registrant, “You can go to places like the mall, you just can’t go within 300 feet of the playground within the mall.” That sounds easy enough, but there are some complications. First, which locations qualify as locations “primarily for the use, care, or supervision of minors” under this law? It seems like a clearly demarcated play area within a larger, non-kid-specific place would be covered. That would appear to render just about any fast-food restaurant with a play area entirely off limits—the play area is primarily for minors and the restaurant as a [...]