State v. Daniels, 224 N.C. App. 608 (Dec. 31, 2012)

(1) G.S. 14-208.18(a)(1)-(3) creates three separate and distinct criminal offenses. (2) Although the defendant did not have standing to assert that G.S. 14-208.18(a)(3) was facially invalid, he had standing to raise an as applied challenge. (3) G.S. 14-208.18(a)(3), which prohibits a sex offender from being “at any place” where minors gather for regularly scheduled programs, was unconstitutionally vague as applied to the defendant. The defendant’s two charges arose from his presence at two public parks. The State alleged that on one occasion he was “out kind of close to the parking lot area or that little dirt road area[,]” between the ballpark and the road and on the second was at an “adult softball field” adjacent to a “tee ball” field. The court found that on these facts, the portion of G.S. 14-208.18(a)(3), prohibiting presence “at any place,” was unconstitutionally vague as applied to the defendant because it fails to give the person of ordinary intelligence a reasonable opportunity to know what is prohibited, and it fails to provide explicit standards for those who apply the law. (4) The trial court lacked jurisdiction to rule that G.S. 14-208.18(a)(2) was unconstitutional where the defendant only was charged with a violation of G.S. 14-208.18(a)(3) and those provisions were severable.