State v. Simpson, 235 N.C. App. 398 (Aug. 5, 2014)

An indictment charging the defendant with violating G.S. 14-208.18(a) (prohibiting registered sex offenders from being “[w]ithin 300 feet of any location intended primarily for the use, care, or supervision of minors when the place is located on premises that are not intended primarily for the use, care, or supervision of minors”) was not defective. The charges arose out of the defendant’s presence at a Wilkesboro public park, specifically, sitting on a bench within the premises of the park and in close proximity to the park’s batting cage and ball field. The indictment alleged, in relevant part, that the defendant was “within 300 feet of a location intended primarily for the use, care, or supervision of minors, to wit: a batting cage and ball field of Cub Creek Park located in Wilkesboro, North Carolina.” The court rejected the defendant’s argument that the indictment was defective because it failed to allege that the batting cages and ball field were located on a premise not intended primarily for the use, care, or supervision of minors.