Federal Judge Enjoins 300-Foot Rule for Sex Offenders

The North Carolina law making it a felony for some sex offenders to go within 300 feet of certain locations intended for children is unconstitutionally overbroad under the First Amendment. Last week, a federal judge permanently enjoined all North Carolina district attorneys from enforcing the law. Today’s post picks up where this prior post left off. It is the latest chapter in Doe v. Cooper, No. 1:13CV711 (M.D.N.C.), a case in which five registered sex offenders filed a federal lawsuit challenging the constitutionality of the premises restrictions of G.S. 14-208.18. Recall that there are three types of places certain registered sex offenders may not go under G.S. 14-208.18. They are set out in subdivisions (a)(1), (a)(2), and (a)(3) of that section: (a)(1) On the premises of any place 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. (a)(2) Within 300 feet of any location intended primarily for the use, care, or supervision of minors when the place is located on premises that are not intended primarily for the use, care, or supervision of minors, including, but not limited to, places described in subdivision (1) of this subsection that are located in malls, shopping centers, or other property open to the general public. (a)(3) At any place where minors gather for regularly scheduled educational, recreational, or social programs. The law applies to two categories of offenders: those on the registry for offenses listed in Article 7B of Chapter 14 of [...]