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Home / Courts / Criminal Practice – Subject Matter Jurisdiction – Indictment – Sex Offender Registration – Registration Requirement (access required)

Criminal Practice – Subject Matter Jurisdiction – Indictment – Sex Offender Registration – Registration Requirement (access required)

State v. Barnett The indictment against defendant describes an offense applicable only to registered sex offenders but fails to allege facts indicating that defendant is “a person required to register.” The general reference to defendant’s violation of G.S. § 14-208.9, which consists of multiple subsections and describes multiple offenses in addition to the offense for which defendant was charged, is insufficient to cure this defect. The indictment failed to allege all the essential elements of the offense, rendering the indictment facially defective and depriving the trial court of jurisdiction to adjudicate the charge.

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