NC court upholds sex offender registry for Delaware juvenile case

SUMMARY

• NC Court of Appeals affirmed registration requirement for defendant with Delaware juvenile adjudication
• Defendant committed sexual acts against younger sister, adjudicated delinquent for first-degree rape in 2008
• Trial court found Delaware offense substantially similar to NC first-degree statutory sexual offense
• Appeals court ruled offense qualifies under both NC statutory prongs requiring sex offender registration

The North Carolina Court of Appeals affirmed a trial court’s order requiring the defendant to register as a sex offender in North Carolina based on a prior juvenile adjudication in Delaware.

The 13-page opinion is State of North Carolina v. Lamonte Lamoore Jackson.

The defendant, then 13 or 14, engaged in sexual acts with his 5- or 6-year-old sister and was adjudicated delinquent for first-degree rape in Delaware in 2008. Delaware law required him to register as a sex offender at age 15.

After moving to North Carolina, he was notified in 2022 that he must register under state law. He petitioned for a judicial determination, arguing that North Carolina generally does not require registration for juveniles adjudicated for similar offenses in-state and that his Delaware adjudication should not qualify as a reportable conviction.

The trial court found the Delaware offense substantially similar to North Carolina’s first-degree statutory sexual offense, N.C. Gen. Stat. § 14-27.29, which is among the exceptions requiring juvenile registration under N.C. Gen. Stat. § 14-208.26. Because the defendant was older than 11 at the time of the offense and remained obligated to register in Delaware, the court concluded he must register in North Carolina.

On appeal, the court held that under N.C. Gen. Stat. § 14-208.6(4)(b), a reportable conviction includes both an out-of-state offense substantially similar to a qualifying North Carolina offense and an out-of-state offense that requires registration in the other state. Delaware law defines “conviction” to include juvenile adjudications for registry purposes, and the defendant’s offense was reportable under both statutory prongs. The court rejected his statutory interpretation, finding it would improperly read out the phrase “in another state.”

The appellate court affirmed the order, concluding the defendant was required to register in North Carolina upon establishing residency.

EXTERNAL LINKS

• North Carolina General Statutes
• Delaware Code Online
• North Carolina Court of Appeals Opinions