Criminal Practice – Civil Penalty – First Impression — No-Contact Order – Sexual Offenses – ConstitutionalState v. Hunt A no-contact order entered pursuant to G.S. § 15A-1340.50 prohibits one convicted of a sexual offense from contacting his victim. The desire of the legislature to protect a citizen who has been victimized and is in fear of further contact from the defendant, who is part of a class of known recidivists, demonstrates an intent to create a civil, regulatory statute. Therefore, the statute does not violate N.C. art. XI, § 1, which limits criminal punishments to “death, imprisonment, fines, suspension of a jail or prison term with or without conditions, restitution, community service, restraints on liberty, work programs, removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit under this State.”
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Published: June 7, 2012
Time posted: 11:03 am
Tags: Civil Penalty, Constitutional, Criminal Practice, first impression, No-Contact Order, Sexual Offenses