State v. Harding, ___ N.C. App. ___, 813 S.E.2d 254 (Mar. 6, 2018)

The court reversed the trial court’s lifetime registration and SBM orders. When a trial court finds a person was convicted of a “reportable conviction,” it must order that person to maintain sex offender registration for a period of at least 30 years. If a trial court also finds that the person has been classified as a sexually violent predator, is a recidivist, or was convicted of an aggravated offense, it must order lifetime registration. Before a trial court may impose SBM, it must make factual findings determining that (i) the offender has been classified as a sexually violent predator pursuant to G.S. 14-208.20, (ii) the offender is a recidivist, (iii) the conviction offense was an aggravated offense, (iv) the conviction offense was a violation of G.S. 14-27.2A or G.S. 14-27.4A, or (v) the offense involved the physical, mental, or sexual abuse of a minor. Because the victim was not a minor, only the first three categories are relevant here. However in its orders, the trial court found that the defendant had not been convicted of an aggravated offense, was not a recidivist, nor had he been classified as a sexually violent predator. It nevertheless ordered the defendant to enroll in lifetime registration and lifetime SBM. The court reversed the registration and SBM orders and remanded those issues for resentencing. The court noted that if the State pursues SBM on remand, it must satisfy its burden of presenting evidence from which the trial court can fulfill its judicial duty to make findings concerning the reasonableness of SBM under the fourth amendment pursuant to the Grady decision.