North Carolina General Statutes 14-208.18. (See Editor’s note for contingent expiration date) Sex offender unlawfully on premises
(a) It shall be unlawful for any person required to register under this Article, if the offense requiring registration is described in subsection (c) of this section, to knowingly be at any of the following locations:
(1) On the premises of any place intended primarily for the use, care, or supervision of minors, including, but not limited to, schools, children’s museums, child care centers, nurseries, and playgrounds.
Attorney's Note
Under the N.C. Gen. Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class H felony | between 4 and 25 months |
Terms Used In North Carolina General Statutes 14-208.18
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- in writing: may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark. See North Carolina General Statutes 12-3
- property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(2) Within 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, including, but not limited to, places described in subdivision (1) of this subsection that are located in malls, shopping centers, or other property open to the general public.
(3) At any place where minors frequently congregate, including, but not limited to, libraries, arcades, amusement parks, recreation parks, and swimming pools, when minors are present.
(4) On the State Fairgrounds during the period of time each year that the State Fair is conducted, on the Western North Carolina Agricultural Center grounds during the period of time each year that the North Carolina Mountain State Fair is conducted, and on any other fairgrounds during the period of time that an agricultural fair is being conducted.
(b) Notwithstanding any provision of this section, a person subject to subsection (a) of this section who is the parent or guardian of a minor may take the minor to any location that can provide emergency medical care treatment if the minor is in need of emergency medical care.
(c) The subdivisions of subsection (a) of this section are applicable as follows:
(1) Subdivisions (1), (3), and (4) of subsection (a) of this section apply to persons required to register under this Article who have committed any of the following offenses:
a. Any offense in Article 7B of this Chapter or any federal offense or offense committed in another state, which if committed in this State, is substantially similar to an offense in Article 7B of this Chapter.
b. Any offense where the victim of the offense was under the age of 18 years at the time of the offense.
c. Any offense in violation of N.C. Gen. Stat. § 14-190.16, 14-190.17, or 14-190.17A or any federal offense or offense committed in another state, which if committed in this State is substantially similar to an offense in violation of N.C. Gen. Stat. § 14-190.16, 14-190.17, or 14-190.17A.
(2) Subdivision (2) of subsection (a) of this section applies to persons required to register under this Article if any of the following apply:
a. The person has committed any offense in Article 7B of this Chapter or any federal offense or offense committed in another state, which if committed in this State is substantially similar to an offense in Article 7B of this Chapter, and a finding has been made in any criminal or civil proceeding that the person presents, or may present, a danger to minors under the age of 18.
b. The person has committed any offense where the victim of the offense was under the age of 18 years at the time of the offense.
c. The person has committed an offense in violation of N.C. Gen. Stat. § 14-190.16, 14-190.17, or 14-190.17A or any federal offense or offense committed in another state, which if committed in this State is substantially similar to an offense in violation of N.C. Gen. Stat. § 14-190.16, 14-190.17, or 14-190.17A.
(d) A person subject to subsection (a) of this section who is a parent or guardian of a student enrolled in a school may be present on school property if all of the following conditions are met:
(1) The parent or guardian is on school property for the purpose for one of the following:
a. To attend a conference at the school with school personnel to discuss the academic or social progress of the parents’ or guardians’ child; or
b. The presence of the parent or guardian has been requested by the principal or his or her designee for any other reason relating to the welfare or transportation of the child.
(2) The parent or guardian complies with all of the following:
a. Notice: The parent or guardian shall notify the principal of the school of the parents’ or guardians’ registration under this Article and of his or her presence at the school unless the parent or guardian has permission to be present from the superintendent or the local board of education, or the principal has granted ongoing permission for regular visits of a routine nature. If permission is granted by the superintendent or the local board of education, the superintendent or chairman of the local board of education shall inform the principal of the school where the parents’ or guardians’ will be present. Notification includes the nature of the parents’ or guardians’ visit and the hours when the parent or guardian will be present at the school. The parent or guardian is responsible for notifying the principal’s office upon arrival and upon departure. Any permission granted under this sub-subdivision shall be in writing.
b. Supervision: At all times that a parent or guardian is on school property, the parent or guardian shall remain under the direct supervision of school personnel. A parent or guardian shall not be on school property even if the parent or guardian has ongoing permission for regular visits of a routine nature if no school personnel are reasonably available to supervise the parent or guardian on that occasion.
(e) A person subject to subsection (a) of this section who is eligible to vote may be present at a location described in subsection (a) used as a voting place as defined by N.C. Gen. Stat. § 163-165 only for the purposes of voting and shall not be outside the voting enclosure other than for the purpose of entering and exiting the voting place. If the voting place is a school, then the person subject to subsection (a) shall notify the principal of the school that he or she is registered under this Article.
(f) A person subject to subsection (a) of this section who is eligible under N.C. Gen. Stat. § 115C-378 to attend public school may be present on school property if permitted by the governing body of the public school unit pursuant to N.C. Gen. Stat. § 115C-390.11(a)(2).
(g) A juvenile subject to subsection (a) of this section may be present at a location described in that subsection if the juvenile is at the location to receive medical treatment or mental health services and remains under the direct supervision of an employee of the treating institution at all times.
(g1) Notwithstanding any provision of this section, a person subject to subsection (a) of this section who is required to wear an electronic monitoring device shall wear an electronic monitoring device that provides exclusion zones around the premises of all elementary and secondary schools in North Carolina.
(h) A violation of this section is a Class H felony. (2008-117, s. 12; 2009-570, s. 5; 2011-245, s. 2(b); 2011-282, s. 14; 2015-62, s. 5(a); 2015-181, s. 47; 2016-102, s. 1; 2017-6, s. 3; 2017-102, s. 33.1; 2018-146, ss. 3.1(a), (b), 6.1; 2021-115, s. 1; 2022-74, s. 7.7(l).)