North Carolina Lawyers Weekly
In re Bethea (Lawyers Weekly No. 011-303-17, 13 pp.) (John Tyson, J.) Appealed from Chatham County Superior Court (Carl Fox, J.) N.C. App.
Holding: Even though the trial court found that it was “otherwise satisfied that the petitioner is not a current or potential threat to public safety,” that finding does not qualify petitioner to come off the sex offender registry because compliance with federal law requires him to remain registered.
We affirm the trial court’s denial of petitioner’s petition to be removed from the North Carolina Sex Offender Registry.
When petitioner first registered as a sex offender, he was entitled to come off the registry in 10 years if he did not re-offend; however, our law has changed in order to comply with federal law such that petitioner must stay registered for at least 15 years.
The incorporation of federal sex offender registration standards into G.S. § 14-208.12A(a1)(2) is rationally related to the government purpose of protecting the public from sexual offenders. Even though the trial court found petitioner “is not otherwise a current or potential threat to public safety,” § 14-208.12A identifies and classifies petitioner as a continuing threat to public safety under federal sex offender standards.
Since our sex offender registration statutes set forth civil, rather than punitive, remedies, their amendment does not constitute an ex post facto law.
Affirmed.
