Source: portcitydaily.com 8/12/24
Three judges on the Fourth Circuit of Appeals unanimously upheld the constitutionality of North Carolina’s sex offender registry statute against a lawsuit from two organizations based in the state.
The National Association for Rational Sexual Offense Laws, headquartered in Raleigh, and its state-affiliate North Carolina for Rational Sexual Offense Laws joined anonymous plaintiffs John Doe 1 and 2 in the case. Plaintiffs first sued in 2017 to challenge amendments in the state’s sex offender registration statute and reduce sex offender restrictions and the length of registration terms. The groups argued state law is excessively punitive and fails to protect public welfare.
North Carolina’s law prohibits registered offenders from employment in positions supervising or involving children and restricts visitation and residence near areas such as playgrounds or schools. Sex offenders are registered for 30 years but can petition to end registration after 10 years. Severe offenses can be punished with lifetime registration.
Chief Judge Albert Diaz wrote the majority opinion after the court reviewed evidence regarding recidivism rates and limited opportunities for sex offenders. Judges found the requirements are not excessively punitive and provide important public safety benefits.