Satellite-Based Monitoring Update

It’s been a while since I wrote anything about satellite-based monitoring (SBM) of sex offenders. A recent case from the court of appeals provides a nice opportunity for an update. The case, State v. Sprouse, dealt with (among other issues) the heavily-litigated question of what constitutes an “aggravated offense” for purposes of the SBM law. The defendant was convicted of multiple counts of (1) statutory rape of a person who is 13, 14, or 15 years old by a defendant who is at least six years older than the defendant; (2) statutory sexual offense of a person who is 13, 14, or 15 years old by a defendant who is at least six years older than the defendant; (3) taking indecent liberties with a child; and (4) sexual activity by a substitute parent. The trial court found that all of the convictions were for aggravated offenses, and thus required enrollment in SBM for life. Under G.S. 14-208.6(1a), an aggravated offense is a one that includes: (1)   A sexual act involving vaginal, anal, or oral penetration (2)   (a) With a victim of any age through the use of force or the threat of serious violence, or (b) With a victim who is less than 12 years old. North Carolina’s appellate courts have repeatedly held that when making a determination as to whether an offense is aggravated, the court can consider only the elements of the conviction offense. It may not look at the factual scenario giving rise to the conviction. State v. [...]