State v. Harris, 219 N.C. App. 590 (Apr. 3, 2012)

An indictment charging the defendant with being a sex offender unlawfully on the premises of a place intended primarily for the use, care, or supervision of minors in violation of G.S. 14-208.18 was defective. According to the court the “essential elements” of the charged offense are that the defendant (1) knowingly is on the premises of any place intended primarily for the use, care, or supervision of minors (2) at a time when he or she was required by North Carolina law to register as a sex offender based upon a conviction for an offense enumerated in G.S. Ch. 14 Article 7A or an offense involving a victim who was under the age of 16. The court rejected the defendant’s argument that the indictment, which alleged that the defendant “did unlawfully, willfully and feloniously on the premises of Winget Park Elementary School,” was defective because it omitted any affirmative assertion that he actually went on the school’s premises. The court reasoned that although the indictment contained a grammatical error, it clearly charged the defendant with unlawfully being on the premises of the school. Next, the court rejected the defendant’s argument that the indictment was defective because it failed to allege that he knowingly went on the school’s premises. The court reasoned that the indictment’s allegation that the defendant acted “willfully” sufficed to allege the requisite “knowing” conduct. However, the court found merit in the defendant’s argument that the indictment was defective because it failed to allege that he had been convicted of an offense enumerated in G.S. Ch. 14 Article 7A or an offense involving a victim who was under 16 years of age at the time of the offense.