John Doe #1 v. Cooper, III

N.C. Gen. Stat. 14-208.6(4) and 14-208.7(a) requires persons convicted of certain reportable sex offenses to register as “sex offenders.” Under N.C. Gen. Stat. 14-208.18(a), for persons convicted of a subset of those reportable sex offenses, North Carolina restricts their movement relative to certain locations where minors may be present. Plaintiffs filed suit challenging these statutes as unconstitutional. The district court permanently enjoined enforcement of section 14- 208.18(a)(2) and section 14-208.18(a)(3). The court concluded that neither an ordinary citizen nor a law enforcement officer could reasonably determine what activity was criminalized by subsection (a)(3). Consequently, that subsection does not meet the standards of due process because it is unconstitutionally vague. In regards to subsection (a)(2), the court concluded that the State failed to prove that, while all parties agree North Carolina has a substantial interest in protecting minors from sexual crimes, subsection (a)(2) was appropriately tailored to further that interest. Accordingly, the court affirmed the district court's judgment. View "John Doe #1 v. Cooper, III" on Justia Law