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

The trial court erred by denying the defendant’s motion to dismiss a charge that the defendant was a registered sex offender unlawfully on premises used by minors in violation of G.S. 14-208.18(a). The statute prohibits 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[.]” The charges arose out of the defendant’s presence at a 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 court agreed with the defendant that the State failed to present substantial evidence that the batting cages and ball fields constituted locations that were primarily intended for use by minors. At most, the State’s evidence established that these places were sometimes used by minors.