Sex Offender and Public Protection Registration Programs. Registration Programs, Purpose and Definitions Generally. Further, the General Assembly recognizes that law enforcement officers' efforts to protect communities, conduct investigations, and quickly apprehend offenders who commit sex offenses or certain offenses against minors are impaired by the lack of information available to law enforcement agencies about convicted offenders who live within the agency's jurisdiction. (c) If a person required to register changes his or her academic status either by enrolling as a student or by terminating enrollment as a student, then the person shall, within three business days, report in person to the sheriff of the county with whom the person registered and provide written notice of the person's new status. If the person has a different address, then the person shall indicate that fact and the new address. Whether the person still uses or intends to use any online identifiers last reported to the sheriff.
(1h) "Institution of higher education" means any postsecondary public or private educational institution, including any trade or professional institution, college, or university. The term also includes the following if the person convicted of the following is not the minor's parent: a solicitation or conspiracy to commit any of these offenses; aiding and abetting any of these offenses. The sheriff shall immediately forward this information to the Department of Public Safety. However, the identity of the victim of an offense that requires registration under this Article shall not be released.
(1f) "Entity" means a business or organization that provides Internet service, electronic communications service, remote computing service, online service, electronic mail service, or electronic instant message or chat services whether the business or organization is within or outside the State. (e) If a person required to register changes an online identifier, or obtains a new online identifier, then the person shall, within 10 days, report in person to the sheriff of the county with whom the person registered to provide the new or changed online identifier information to the sheriff. A person who willfully fails to comply with this subsection is guilty of a Class 1 misdemeanor. Registration information is public record; access to registration information. 14-208.22 regarding a person's medical records or documentation of treatment for the person's mental abnormality or personality disorder shall not be a part of the public record.
(1g) "Instant Message" means a form of real-time text communication between two or more people. The sheriff shall immediately forward this information to the Department of Public Safety. (a) The following information regarding a person required to register under this Article is public record and shall be available for public inspection: name, sex, address, physical description, picture, conviction date, offense for which registration was required, the sentence imposed as a result of the conviction, and registration status. The sheriff shall release any other relevant information that is necessary to protect the public concerning a specific person, but shall not release the identity of the victim of the offense that required registration under this Article.
(1i) "Internet" means the global information system that is logically linked together by a globally unique address space based on the Internet Protocol or its subsequent extensions; that is able to support communications using the Transmission Control Protocol/Internet Protocol suite, its subsequent extensions, or other Internet Protocol compatible protocols; and that provides, uses, or makes accessible, either publicly or privately, high-level services layered on the communications and related infrastructure described in this subdivision. (1n) "Online identifier" means electronic mail address, instant message screen name, user ID, chat or other Internet communication name, but it does not mean social security number, date of birth, or pin number. A detention facility operated under the jurisdiction of the Section of Prisons of the Division of Adult Correction of the Department of Public Safety; b. A final conviction in another state of an offense, which if committed in this State, is substantially similar to an offense against a minor or a sexually violent offense as defined by this section, or a final conviction in another state of an offense that requires registration under the sex offender registration statutes of that state. A final conviction in a federal jurisdiction (including a court martial) of an offense, which is substantially similar to an offense against a minor or a sexually violent offense as defined by this section. The sheriff may charge a reasonable fee for duplicating costs and for mailing costs when appropriate. Failure to register; falsification of verification notice; failure to return verification form; order for arrest. (2) Fails to notify the last registering sheriff of a change of address as required by this Article. (4) Forges or submits under false pretenses the information or verification notices required under this Article. (10) Fails to inform the registering sheriff of any new or changes to existing online identifiers that the person uses or intends to use. (a2) A person arrested pursuant to subsection (a1) of this section shall be subject to the jurisdiction of the prosecutorial and judicial district that includes the sheriff's office in the county where the person failed to register, pursuant to this Article. (c) A person who is unable to meet the registration or verification requirements of this Article shall be deemed to have complied with its requirements if: (1) The person is incarcerated in, or is in the custody of, a local, State, private, or federal correctional facility, (2) The person notifies the official in charge of the facility of their status as a person with a legal obligation or requirement under this Article and (3) The person meets the registration or verification requirements of this Article no later than 10 days after release from confinement or custody. Duty to report noncompliance of a sex offender; penalty for failure to report in certain circumstances.
(1j) "Mental abnormality" means a congenital or acquired condition of a person that affects the emotional or volitional capacity of the person in a manner that predisposes that person to the commission of criminal sexual acts to a degree that makes the person a menace to the health and safety of others. A detention facility operated under the jurisdiction of another state or the federal government; or c. A final conviction for an offense against a minor, a sexually violent offense, or an attempt to commit any of those offenses unless the conviction is for aiding and abetting. (a) A person required by this Article to register who willfully does any of the following is guilty of a Class F felony: (1) Fails to register as required by this Article, including failure to register with the sheriff in the county designated by the person, pursuant to G. (3) Fails to return a verification notice as required under G. (5) Fails to inform the registering sheriff of enrollment or termination of enrollment as a student. (9) Fails to notify the registering sheriff of out-of-county employment if temporary residence is established as required under G. (a1) If a person commits a violation of subsection (a) of this section, the probation officer, parole officer, or any other law enforcement officer who is aware of the violation shall immediately arrest the person in accordance with G. 15A-401, or seek an order for the person's arrest in accordance with G. If the arrest is made outside of the applicable prosecutorial district, the person shall be transferred to the custody of the sheriff of the county where the person failed to register and all further criminal and judicial proceedings shall be held in that county. If upon a conviction for a violation of this Article, no active term of imprisonment is imposed, the court pronouncing sentence shall, at the time of sentencing, conduct the notification procedures specified under G. (a) It shall be unlawful and a Class H felony for any person who has reason to believe that an offender is in violation of the requirements of this Article, and who has the intent to assist the offender in eluding arrest, to do any of the following: (1) Withhold information from, or fail to notify, a law enforcement agency about the offender's noncompliance with the requirements of this Article, and, if known, the whereabouts of the offender.
(1k) "Nonresident student" means a person who is not a resident of North Carolina but who is enrolled in any type of school in the State on a part-time or full-time basis. A detention facility operated by a local government in this State or another state. A final conviction for aiding and abetting is a reportable conviction only if the court sentencing the individual finds that the registration of that individual under this Article furthers the purposes of this Article as stated in G. (6) Fails to inform the registering sheriff of employment at an institution of higher education or termination of employment at an institution of higher education. (8) Reports his or her intent to reside in another state or jurisdiction but remains in this State without reporting to the sheriff in the manner required by G. (b) Before a person convicted of a violation of this Article is due to be released from a penal institution, an official of the penal institution shall conduct the prerelease notification procedures specified under G. (2) Harbor, attempt to harbor, or assist another person in harboring or attempting to harbor, the offender.