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Criminal Practice – Registered Sex Offender – Elementary School Premises – Insufficient Indictment

State v. Harris (Lawyers Weekly No. 12-07-0383, 16 pp.) (Sam Ervin IV, J.) Appealed from Mecklenburg County Superior Court. (H. William Constangy, J.) N.C. App. Full-text opinion.

Holding: Even though the indictment alleged that defendant was required to register as a sex offender, since it did not allege that the registration requirement was based on a conviction for an offense set out in G.S. Chapter 14, Article 7A or an offense involving a victim who was under the age of 16, then the indictment failed to allege the essential elements of being a sex offender unlawfully on the premises of a place intended primarily for the use, care, or supervision of minors in violation of G.S. § 14-208.18. An allegation that defendant’s conduct was “unlawful” does not cure the deficiency in the indictment.

We vacate defendant’s convictions of violating § 14-208.18 and being a habitual felon.


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