(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.
(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 G.S. 14-190.16, 14-190.17, 14-190.17A, or 14-190.17C 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 G.S. 14-190.16, 14-190.17, 14-190.17A, or 14-190.17C.
(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 G.S. 14-190.16, 14-190.17, 14-190.17A, or 14-190.17C 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 G.S. 14-190.16, 14-190.17, 14-190.17A, or 14-190.17C.
(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 G.S. 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 G.S. 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 G.S. 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); 2024-37, s. 3(c).)
Notes of Decisions
Cited in
32
cases (
10 in the last 5 years), 2011–2026 · leading case:
State v. Daniels, 741 S.E.2d 354 (N.C. Ct. App. 2012).
State v. Daniels, 741 S.E.2d 354 (N.C. Ct. App. 2012).
· cites it 147× “On 6 December 2010, Defendant was indicted 2 on two charges of violating N.C. Gen. Stat. § 14-208.18 (a)(3) in file numbers 09 CRS 50792 and 09 CRS 20796, which proscribes the following conduct: “It shall be unlawful for any person required to register under this Article, if the…”
Does 1-5 v. Cooper, 40 F. Supp. 3d 657 (M.D.N.C. 2014).
· cites it 146× “” See N.C. Gen. Stat. § 14-208.18 (a)(2) ("[w]ithin 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.”
State v. Harris, 724 S.E.2d 633 (N.C. Ct. App. 2012).
· cites it 36× “Defendant Charles Fitzgerald Harris appeals from a judgment sentencing him to 88 to 115 months imprisonment based upon his convictions for having been a sex offender unlawfully on the premises of a place intended primarily for the use, care, or supervision of minors in violation…”
State v. Herman, 726 S.E.2d 863 (N.C. Ct. App. 2012).
· cites it 44× “This matter is before this Court on the State’s appeal from a trial court’s order allowing Tracy Scott Herman’s (“defendant”) motion to have certain portions of N.C. Gen. Stat. § 14-208.18 declared unconstitutional.”
State v. Anderson, 804 S.E.2d 189 (N.C. Ct. App. 2017).
· cites it 75× “Appeal of Right-Conviction for Violation of N.C. Gen. Stat. § 14-208.18 (a)(1) Defendant first argues the trial court erred in failing to grant his motion to dismiss the charge of being on the premises of a daycare (14 CRS 50721), in violation of N.”
Does v. Cooper, 148 F. Supp. 3d 477 (M.D.N.C. 2015).
· cites it 120× “Given the disputed facts on the record, the Court is currently unable to determine whether N.C. Gen. Stat. § 14-208.18 (a)(2) is unconstitutionally overbroad and will leave this issue for determination át trial.”
State v. Simpson, 763 S.E.2d 1 (N.C. Ct. App. 2014).
· cites it 35× “Bill Raymond Simpson (“defendant”) appeals his conviction of being a registered sex offender unlawfully on premises used by minors in violation of N.C. Gen. Stat. § 14-208.18 (a) (2013). Defendant’s appeal is before us on writ of certiorari.”
State v. Grady, 831 S.E.2d 542 (N.C. 2019).
· cites it 9× “See N.C.G.S. § 14-208.18(a)(1), (4) (2017) (prohibiting sex offenders from being present at “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,” as…”
State v. Fryou, 780 S.E.2d 152 (N.C. Ct. App. 2015).
· cites it 72× “18(a)(2) required the State to show, inter alia, that defendant was (1) a person required to register under North Carolina General Statute Article 27A, Sex Offender Registration Programs; (2) where the offense that required registration involved a victim that was under 16 years…”
Doe 1 v. Cooper, 842 F.3d 833 (4th Cir. 2016).
· cites it 3× “” N.C. Gen. Stat. § 14-208.18 (a)(3). When read alongside subsections (a)(1) and (a)(2), the State contends subsection (a)(3) has a clear “core” meaning.”
State v. Barnett, 733 S.E.2d 95 (N.C. Ct. App. 2012).
· cites it 4× “In both cases, we held that the indictment was fatally defective because it failed to sufficiently allege that the defendant had been previously convicted of the specific category of sex offense — an offense enumerated in Article 7A of Chapter 14 of our General Statutes or an…”
State v. Armstrong, 775 S.E.2d 926 (N.C. Ct. App. 2015).
· cites it 28× “Defendant Thomas Rashad Armstrong, a registered sex offender, appeals from a judgment entered based on his conviction under N.C. Gen.Stat. § 14-208.18(a)(1) (2013) for unlawfully being present at a place intended primarily for the use, care, or supervision of minors.”
— N.C. Gen. Stat. § 14-208.18(A)(2) — 1 case
State v. Fryou, 780 S.E.2d 152 (N.C. Ct. App. 2015).
“18(a)(2) required the State to show, inter alia, that defendant was (1) a person required to register under North Carolina General Statute Article 27A, Sex Offender Registration Programs; (2) where the offense that required registration involved a victim that was under 16 years…”
— N.C. Gen. Stat. § 14-208.18(a) — 5 cases
Does 1-5 v. Cooper, 40 F. Supp. 3d 657 (M.D.N.C. 2014).
“” See N.C. Gen. Stat. § 14-208.18 (a)(2) ("[w]ithin 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.”
State v. Fryou, 780 S.E.2d 152 (N.C. Ct. App. 2015).
“18(a)(2) required the State to show, inter alia, that defendant was (1) a person required to register under North Carolina General Statute Article 27A, Sex Offender Registration Programs; (2) where the offense that required registration involved a victim that was under 16 years…”
State v. Anderson, 804 S.E.2d 189 (N.C. Ct. App. 2017).
“Appeal of Right-Conviction for Violation of N.C. Gen. Stat. § 14-208.18 (a)(1) Defendant first argues the trial court erred in failing to grant his motion to dismiss the charge of being on the premises of a daycare (14 CRS 50721), in violation of N.”
Does v. Cooper, 148 F. Supp. 3d 477 (M.D.N.C. 2015).
“Given the disputed facts on the record, the Court is currently unable to determine whether N.C. Gen. Stat. § 14-208.18 (a)(2) is unconstitutionally overbroad and will leave this issue for determination át trial.”
— N.C. Gen. Stat. § 14-208.18(a)(1) — 8 cases
State v. Grady, 831 S.E.2d 542 (N.C. 2019).
“See N.C.G.S. § 14-208.18(a)(1), (4) (2017) (prohibiting sex offenders from being present at “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,” as…”
State v. Anderson, 804 S.E.2d 189 (N.C. Ct. App. 2017).
“Appeal of Right-Conviction for Violation of N.C. Gen. Stat. § 14-208.18 (a)(1) Defendant first argues the trial court erred in failing to grant his motion to dismiss the charge of being on the premises of a daycare (14 CRS 50721), in violation of N.”
Does 1-5 v. Cooper, 40 F. Supp. 3d 657 (M.D.N.C. 2014).
“” See N.C. Gen. Stat. § 14-208.18 (a)(2) ("[w]ithin 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.”
State v. Armstrong, 775 S.E.2d 926 (N.C. Ct. App. 2015).
“Defendant Thomas Rashad Armstrong, a registered sex offender, appeals from a judgment entered based on his conviction under N.C. Gen.Stat. § 14-208.18(a)(1) (2013) for unlawfully being present at a place intended primarily for the use, care, or supervision of minors.”
Does v. Cooper, 148 F. Supp. 3d 477 (M.D.N.C. 2015).
“Given the disputed facts on the record, the Court is currently unable to determine whether N.C. Gen. Stat. § 14-208.18 (a)(2) is unconstitutionally overbroad and will leave this issue for determination át trial.”
— N.C. Gen. Stat. § 14-208.18(a)(2) — 7 cases
State v. Fryou, 780 S.E.2d 152 (N.C. Ct. App. 2015).
“18(a)(2) required the State to show, inter alia, that defendant was (1) a person required to register under North Carolina General Statute Article 27A, Sex Offender Registration Programs; (2) where the offense that required registration involved a victim that was under 16 years…”
State v. Anderson, 804 S.E.2d 189 (N.C. Ct. App. 2017).
“Appeal of Right-Conviction for Violation of N.C. Gen. Stat. § 14-208.18 (a)(1) Defendant first argues the trial court erred in failing to grant his motion to dismiss the charge of being on the premises of a daycare (14 CRS 50721), in violation of N.”
Does 1-5 v. Cooper, 40 F. Supp. 3d 657 (M.D.N.C. 2014).
“” See N.C. Gen. Stat. § 14-208.18 (a)(2) ("[w]ithin 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.”
State v. Simpson, 763 S.E.2d 1 (N.C. Ct. App. 2014).
“Bill Raymond Simpson (“defendant”) appeals his conviction of being a registered sex offender unlawfully on premises used by minors in violation of N.C. Gen. Stat. § 14-208.18 (a) (2013). Defendant’s appeal is before us on writ of certiorari.”
Does v. Cooper, 148 F. Supp. 3d 477 (M.D.N.C. 2015).
“Given the disputed facts on the record, the Court is currently unable to determine whether N.C. Gen. Stat. § 14-208.18 (a)(2) is unconstitutionally overbroad and will leave this issue for determination át trial.”
— N.C. Gen. Stat. § 14-208.18(a)(3) — 7 cases
Does 1-5 v. Cooper, 40 F. Supp. 3d 657 (M.D.N.C. 2014).
“” See N.C. Gen. Stat. § 14-208.18 (a)(2) ("[w]ithin 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.”
State v. Anderson, 804 S.E.2d 189 (N.C. Ct. App. 2017).
“Appeal of Right-Conviction for Violation of N.C. Gen. Stat. § 14-208.18 (a)(1) Defendant first argues the trial court erred in failing to grant his motion to dismiss the charge of being on the premises of a daycare (14 CRS 50721), in violation of N.”
Does v. Cooper, 148 F. Supp. 3d 477 (M.D.N.C. 2015).
“Given the disputed facts on the record, the Court is currently unable to determine whether N.C. Gen. Stat. § 14-208.18 (a)(2) is unconstitutionally overbroad and will leave this issue for determination át trial.”
State v. Armstrong, 775 S.E.2d 926 (N.C. Ct. App. 2015).
“Defendant Thomas Rashad Armstrong, a registered sex offender, appeals from a judgment entered based on his conviction under N.C. Gen.Stat. § 14-208.18(a)(1) (2013) for unlawfully being present at a place intended primarily for the use, care, or supervision of minors.”
— N.C. Gen. Stat. § 14-208.18(a)(4) — 2 cases
State v. Grady, 831 S.E.2d 542 (N.C. 2019).
“See N.C.G.S. § 14-208.18(a)(1), (4) (2017) (prohibiting sex offenders from being present at “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,” as…”
— N.C. Gen. Stat. § 14-208.18(a)(l) — 1 case
Does 1-5 v. Cooper, 40 F. Supp. 3d 657 (M.D.N.C. 2014).
“” See N.C. Gen. Stat. § 14-208.18 (a)(2) ("[w]ithin 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.”
— N.C. Gen. Stat. § 14-208.18(b) — 2 cases
Does 1-5 v. Cooper, 40 F. Supp. 3d 657 (M.D.N.C. 2014).
“” See N.C. Gen. Stat. § 14-208.18 (a)(2) ("[w]ithin 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.”
Does v. Cooper, 148 F. Supp. 3d 477 (M.D.N.C. 2015).
“Given the disputed facts on the record, the Court is currently unable to determine whether N.C. Gen. Stat. § 14-208.18 (a)(2) is unconstitutionally overbroad and will leave this issue for determination át trial.”
— N.C. Gen. Stat. § 14-208.18(c) — 1 case
Does 1-5 v. Cooper, 40 F. Supp. 3d 657 (M.D.N.C. 2014).
“” See N.C. Gen. Stat. § 14-208.18 (a)(2) ("[w]ithin 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.”
— N.C. Gen. Stat. § 14-208.18(c)(1) — 1 case
State v. Fryou, 780 S.E.2d 152 (N.C. Ct. App. 2015).
“18(a)(2) required the State to show, inter alia, that defendant was (1) a person required to register under North Carolina General Statute Article 27A, Sex Offender Registration Programs; (2) where the offense that required registration involved a victim that was under 16 years…”
— N.C. Gen. Stat. § 14-208.18(c)(2) — 1 case
Does v. Cooper, 148 F. Supp. 3d 477 (M.D.N.C. 2015).
“Given the disputed facts on the record, the Court is currently unable to determine whether N.C. Gen. Stat. § 14-208.18 (a)(2) is unconstitutionally overbroad and will leave this issue for determination át trial.”
— N.C. Gen. Stat. § 14-208.18(d) — 1 case
Does v. Cooper, 148 F. Supp. 3d 477 (M.D.N.C. 2015).
“Given the disputed facts on the record, the Court is currently unable to determine whether N.C. Gen. Stat. § 14-208.18 (a)(2) is unconstitutionally overbroad and will leave this issue for determination át trial.”
— N.C. Gen. Stat. § 14-208.18(e) — 2 cases
Does 1-5 v. Cooper, 40 F. Supp. 3d 657 (M.D.N.C. 2014).
“” See N.C. Gen. Stat. § 14-208.18 (a)(2) ("[w]ithin 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.”
Does v. Cooper, 148 F. Supp. 3d 477 (M.D.N.C. 2015).
“Given the disputed facts on the record, the Court is currently unable to determine whether N.C. Gen. Stat. § 14-208.18 (a)(2) is unconstitutionally overbroad and will leave this issue for determination át trial.”
— N.C. Gen. Stat. § 14-208.18(g) — 1 case
Does v. Cooper, 148 F. Supp. 3d 477 (M.D.N.C. 2015).
“Given the disputed facts on the record, the Court is currently unable to determine whether N.C. Gen. Stat. § 14-208.18 (a)(2) is unconstitutionally overbroad and will leave this issue for determination át trial.”
— N.C. Gen. Stat. § 14-208.18(h) — 2 cases
Does 1-5 v. Cooper, 40 F. Supp. 3d 657 (M.D.N.C. 2014).
“” See N.C. Gen. Stat. § 14-208.18 (a)(2) ("[w]ithin 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.”
Does v. Cooper, 148 F. Supp. 3d 477 (M.D.N.C. 2015).
“Given the disputed facts on the record, the Court is currently unable to determine whether N.C. Gen. Stat. § 14-208.18 (a)(2) is unconstitutionally overbroad and will leave this issue for determination át trial.”
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