Social Networking Prohibition for Sex Offenders Facially Unconstitutional
Published for NC Criminal Law on August 20, 2013.
North Carolina’s ban on accessing commercial social networking sites by sex offenders is unconstitutional on its face, the court of appeals held this morning in State v. Packingham.
Under G.S. 14-202.5, it is (was?) a Class I felony for any registered sex offender to access a commercial social networking web site where the offender knows that the site permits children to join. The law defines commercial social networking Web site broadly to include any site that:
- Derives revenue, through membership fees, advertising, or other sources;
- Facilitates social introduction between two or more persons for friendship, meetings, or information exchanges;
- Allows users to create Web pages or personal profiles that may be accessed by others; and
- Provides mechanisms for users to communicate with one another. G.S. 14-202.5(b).
Public Officials - Courts and Judicial Administration Roles
Topics - Courts and Judicial Administration