No Sex Offender Registration for a "True PJC"

Published for NC Criminal Law on March 19, 2013.

I’m headed to High Point today to teach a session for magistrates on crimes related to sex offender registration. I’m glad I looked at the slip opinions from the court of appeals before I left. A case decided today answers a somewhat frequently asked question about sex offender registration: Does a PJC for a sex crime count as a “final conviction” for purposes of the sex offender registration law? The answer, according to the majority of the panel in Walters v. Cooper, is no. Walters involved a Franklin County man who pled guilty to misdemeanor sexual battery in 2006. (His offense date was March 2006—just a few months after that crime was made a reportable offense, effective for offenses committed on or after December 1, 2005. S.L. 2005-130.) Prayer for judgment was continued in the case, upon condition that he pay costs and attorney fees and not have any contact with the victim or her immediate family. He was not told to register as a sex offender at that time, and he didn’t. In November 2011, the sheriff’s office told Mr. Walters that he needed to register because of his sexual battery conviction. So he did. But a few months later he filed a civil action seeking declaratory judgment that he was not required to register for a conviction for which prayer for judgment had been continued, and an order directing the attorney general’s office to remove him from the registry. The trial judge granted summary judgment for the AG. Mr. [...]