Nonautomatic Sex Offender Registration

Published for NC Criminal Law on August 13, 2020.

For the most part, if a defendant is convicted of a crime included in the list of reportable offenses, the defendant must register. But some crimes require registration only if the judge orders it. Today’s post summarizes what we know about the process for making that decision. There are three types of offenses that are reportable only if the sentencing court orders registration. Aiding and abetting a reportable offense. 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. (More about those purposes in a moment.) Unlawful sale, surrender, or purchase of a minor.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 peeping crimes, the sentencing court shall consider whether the defendant is a danger to the community and whether registration would further the purposes of the registry. If the court rules that the person is a danger [...]