Revised Sex Offender Flow Chart (August 2013 Edition)

Published for NC Criminal Law on August 28, 2013.

With another legislative session in the books, it’s time once again for a revised sex offender flow chart. The revised chart is available here. The changes are summarized below. New reportable offenses. Session Law 2013-33 added human trafficking under G.S. 14-43.11 to the list of sexually violent offenses that require sex offender registration, but only when the crime is committed against a person under 18 years old, or against any person with the intent that he or she be held in sexual servitude. (Sexual servitude under G.S. 14-43.13 is already a reportable offense.) Qualifying offenses committed on or after December 1, 2013 are reportable. Session Law 2013-368 made several amendments related to human trafficking and prostitution offenses. Most notably for the purpose of today’s post, the act repeals two reportable offenses, promoting prostitution of a minor (G.S. 14-190.18) and participating in the prostitution of a minor (G.S. 14-190.19), and replaces them with two new reportable offenses, patronizing a prostitute who is a minor or mentally disabled (G.S. 14-205.2(c) and (d)), and promoting prostitution of a minor or mentally disabled person (G.S. 14-205.3(b)). The new offenses are reportable for offenses committed on or after October 1, 2013. Though the repealed offenses are removed from the definition of a sexually violent offense in G.S. 14-208.6(5), a savings clause in the legislation makes fairly clear that the prior law continues to require registration for offenses committed before the new law’s effective date. Extra factual findings that trigger registration. For most reportable crimes, registration flows [...]