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National

NC: Gap in N.C. law allows sex offenders near schools, day cares

On Sept. 1, a registered sex offender will be breaking the law if he continues to work at a car repair shop that sits within 300 feet of the Boys & Girls Club of Cumberland County and a day-care center.

A state law takes effect that day prohibiting sex offenders from being near places where children “frequently congregate” – including schools, parks, arcades and day care centers – when minors are present. Full Article

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  1. Harry

    A clear cut abuse of the justice system. This guy working in auto shop is the least likely person to have any contact with any kid that do not drive cars, let alone abusing such kid. At the same time staff members of the boys and girls club are sexually lusting at these kids. If, they want to protect children close down the club.

  2. Michael A. Lewis Sr.

    I have heard that this law is only for convictions on or after September 1 2016 and is NOT retroactive. Is this true?

  3. Doc Martin

    “Mitchell said Wiggins – who came to the Observer’s attention because of a resident’s complaint – will be told about the law and its consequences before the deadline”

    Now it’s a sad state of affairs when the media slash fearful resident collaborates with law enforcement to out a registered sex offender whose only crime is staying off the government dough by making a living at a car repair shop. I wonder if this resident complainer got stiffed by the repair shop. Disgruntled customer? You never know

    “North Carolina has had a sex offender registry since Jan. 1, 1996. Sex offenders who commit heinous crimes, such as rape of a child, are required to remain on the registry for life. Lesser offenses had required offenders to be on the registry for 10 years. The LEGISLATURE AMENDED the law in 2006, requiring many offenders to remain on the registry for 30 years.

    Lesson learned: Even states that are non tier non SORNA compliant can change the rules in the middle of the game if the state has a hostile legislature. Elections have consequences. I’m not crazy about SORNA but if NC had adopted it, those low level offenders would most likely gone from 10 to 15 instead of 10 to 30 years on the registry

    “Among the five (plaintiffs) was a man convicted in 1995 of receiving material involving the sexual exploitation of a minor”

    yet Sheriff Mitchell says,

    “changes in the law are needed. He said he wants to see sex offenders who abuse children under age 13 treated more harshly than others.The ones who do deliberate acts and engage in deliberate forcible acts and deliberate sexual acts against minors have committed acts that are reprehensible, that should have both direct and collateral consequences,” Mitchell said, adding that people who commit those acts are most likely to be repeat offenders”

    Now wait a minute Sheriff! One of the plaintiffs in the lawsuit never did the forcible & deliberate sexual acts you describe. The plaintiff was imprisoned for a NON CONTACT offense. So your rhetoric doesn’t match reality

    “Mitchell and many others believe Beaty’s ruling goes too far. Among them is Sen. Buck Newton, a Wilson Republican who is running for district attorney”

    So a federal judge went too far in interpreting the constitution correctly. You probably believe the same thing about the Michigan ruling too, Sheriff Mitchell. So now you’re aligning yourself with GOP Senator Buck Newton (yeeeee hah!!) who hopes to be DA of your backwater county
    ………nuff said

    • 72FLH

      I don’t see what the big worry was. did he have a sign out that said free tune ups and a sack of gummy bears for kids under 13 ? I cant stand haters ,

      • Doc Martin

        It makes me sick when they won’t even let a man make a living. Okay so the guy looked at a few dirty pictures…but that was online in his private life. The man is probably thinking about none of that stuff when he’s fixing a transmission, If the state keeps passing laws preventing him from working near children, the state might as well pay him a monthly stipend so he can pay his bills and be left alone

    • nomore

      You don’t really think the feds would be opposed to upping tier time retroactively, do you?

      You all think you have things figured out but you don’t. No foresight at all.

      Abolishment is the only sane way to go. No scenic routes either… straight for the throat.

      • Doc Martin

        The NC legislature amended the law to require a MINIMUM 30 years for ALL sex offenders to register. That includes low level fellows & gals too. So a SORNA tier system of 15, 25, life would have worked out a little better than the state’s current policy of giving everyone 30 years or life. Plus even though it’s a non AWA compliant state, NC is big on STATIC-99.
        You can talk about abolishing the registry all you want and we all want that to happen. But it’ll be a long time before that road is crossed.
        15 years from now I’d like to see people saying yaaaay! I’m done with this shet. Meanwhile some folks will still be talking about ending the registry altogether which is fine. But I don’t want to gamble away peoples freedom by not accepting gradual changes just because I cling to the ideal that the registry is about to be abolished overnight

        • nomore

          Obviously you don’t realize how ridiculous your “a little better” approach is or you wouldn’t have said it, at least I don’t think you would.

          When someone can give me actual numbers of other tiers and the numbers for whats being proposed then we can consider it based on facts. As it is, you’re all going on feelings.

          Abolishing just the retroactivity of laws in NC or California would probably release way more and with less years added to lower offense. Since 290 goes all the way back to 1944.

          But you’re right, it’s not going to literally happen overnight but it’ll start happening at increasing speed now that Michigan has stood up. It’s going to take direct challenges possibly but maybe not.. maybe the supreme court will smack it down. So that’s not overnight but it’s damn sure better than putting your efforts to implementing what Michigan is pissing on. Seems counter to what’s happening in the real works to me lol. Sure sounds like you guys have Stockholm to me too. I know we’re on the cusp of a major retroactivity smack down and a strong case for the registry itself but I be damn… I just need my tiered blanket and my binky! lol

        • 72FLH

          LOL now that was funny , because that’s what it sounds like lol

        • Doc Martin

          https://hopi.nsopw.gov/FAQs.aspx#151

          15, 25 or life. The facts are already out there on the SORNA guidelines (I chose to post the Hopi Reservation link because the feds managed to break it down for them and the old Doc in layman terms….he! he!) No SORNA state I know of has deviated from those guidelines. It’s not like registrants woke up one day in North Carolina and said dam! I got 30 years! Can I please have 15? I didn’t know that child was around when I was pissing in public! Nope. Sorry…30 is the minimum. Jethro Lawmaker up in Raleigh wanted it that way.
          The short of it, the tier system would have been better than what they now have in North Carolina. You can make an argument where it may have made things worst (like Nevada recently) but not Carolina….15 for the many, 25 for some, life for a few is better than 30 up to life for everybody any way you slice it.

          And some folks do know how to walk and chew gum at the same time. Gradually phasing low level offenders off the registry while working towards abolishing the darn registry thing aren’t asymmetrical goals. And I think you interpreted that Michigan decision to the extreme. That decision was about not retroactively imposing onerous restrictions like living or working 1,000 feet from schools. The decision had nothing to do with striking down a state’s ability to retroactively impose longer time limits on registrants. Michigan already did their retroactive thing when they switched to SORNA and it was a one time thing. However, the vast majority are low level offenders doing 15 as opposed to a smaller number of high level offenders including the ones who were bumped up. Now you can fact check that for me partner because I’m sure the Doc is right on that. SORNA ain’t perfect but if it gets a great many offenders off the his list early (I sound like a broken record) I’m willing to give it a shot.

        • nomore

          No no… I want a comparative analysis. I know full well what a tiered system entails so your link did nothing that I saw. Tiered vs abolishing retroactive 290 in California. Since 290 went retro in 2006, I would bet, abolishing it vs implementing a tiered system, would give you a ten to 30 times payback. That’s my conservative prediction since 290 started in 2006 and goes back to 1944.

          I read the 13 page opinion… It says a lot more than you understand.

        • Michael A. Lewis Sr.

          Adam Walsh Act jumped me from 10 years automatic removal to 30 years and have to petition the court for removal.

  4. Michael A. Lewis Sr.

    Do you really think that everyone that has been convicted of a sex crime is guilty? “Although defendant provided evidence to contradict testimony of c.l. and m.l., upon a motion to dismiss, such discrepancies must be resolved in favor of the state.” and thus ended my freedom for a crime that never happened. Only in N.C. could this kind of abuse of power be possible.

    • Michael A. Lewis Sr.

      Admin
      could you correct this for me please? It should read defendant presented evidence instead of provided evidence thank you very much

  5. Fedup

    What none of these idiots understand, is all these laws were named after children who were MURDERED! that’s the real outrage.

    Where’s the murderer registry?

    • Kris Klein

      Actually they do have a murder registry in Illinois. An article about it was posted on this forum last month. What stood out the most in the article was what a former gangbanger in Chicago said. As a teen, he did a ride along with some friends to murder someone. Now that he’s out of prison and on the murder registry, his biggest complaint is that some people confuse it with the sex offender registry. He’d rather be labeled an ex murder than a sex offender

  6. Michael A. Lewis Sr.

    Does anyone else have a problem with “Including but not limited to” of this law? what exactly does it mean? Seems like a loophole to be abused by law enforcement to me.

    • Michael A. Lewis Sr.

      frequently congregate, including, but not limited to, libraries, arcades, amusement parks, recreation parks, and swimming pools, when minors are present

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