Federal Judge Enjoins Enforcement of Sex Offender Premises Restriction

A federal judge has permanently enjoined all North Carolina district attorneys from enforcing G.S. 14-208.18(a)(3), the law intended to prohibit certain sex offenders from being at places where minors gather for regularly scheduled educational, recreational, or social programs. The case is Doe v. Cooper, No. 1:13CV711 (M.D.N.C. Dec. 7, 2015). In it, five registered sex offenders filed a lawsuit in the Middle District of North Carolina challenging the constitutionality of all three premises restrictions of G.S. 14-208.18. As many readers know, that law has three subdivisions that spell out three types of places certain registered sex offenders may not “knowingly be”: (a)(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. (a)(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. (a)(3) At any place where minors gather for regularly scheduled educational, recreational, or social programs. The plaintiffs, all registered sex offenders subject to G.S. 14-208.18, brought their claims under 42 U.S.C. § 1983, alleging that the law is unconstitutionally overbroad, vague, and violative of their procedural due process rights. The crux of their complaint is [...]