Findings in Support of Sex Offender Registration after State v. Fuller

Most crimes on the list of reportable offenses automatically and mandatorily require registration upon conviction. As discussed in an earlier post, however, some crimes require registration only if the sentencing court orders it. After I wrote that post, the Supreme Court of North Carolina issued an opinion on what findings can properly support a trial court’s conclusion that a conviction will require sex offender registration. Today’s post discusses that case, State v. Fuller, 2021-NCSC-20, ___ N.C. ___, ___ S.E.2d ___ (Mar. 12, 2021). As discussed in that previous post, there are three types of offenses that are reportable only if the sentencing court orders registration. Aiding and abetting a reportable offense. G.S. 14-208.6(4)a. A conviction for an otherwise reportable offense based on an aiding and abetting theory requires registration only if the sentencing court finds that registration furthers the purposes of the registry. Unlawful sale, surrender, or purchase of a minor. G.S. 14-43.14. A conviction for this crime requires registration “only if the court sentencing the individual issues an order pursuant to G.S. 14-43.14(e) requiring the individual to register.” G.S. 14-208.6(4)e. G.S. 14-43.14(e) says the sentencing court shall consider whether the person is a danger to the community and whether registration would further the purposes of the registry. G.S. 14-43.14(e). If the court rules that the person is a danger to the community and that the person shall register, then it issues an order requiring registration. Secretly peeping (felony offenses and certain second or subsequent misdemeanor convictions). G.S. 14-202. For covered [...]