Background

• Defendant was convicted of indecent liberties with a child in 1997, a reportable offense requiring sex-offender registration.
• Defendant initially registered as a sex offender on 15 February 2010, acknowledging duty to notify changes of address within three business days.
• Defendant submitted multiple address changes in March–April 2010, including 607 West Fourth Avenue as his residence.
• In April–June 2010, Defendant was jailed; he registered a new address on 4 June 2010 but was unable to verify the address during subsequent visits.
• Defendant was arrested 21 July 2010; trial occurred 16–17 August 2011; jury found him guilty of failing to notify the sheriff’s office of a change of address.
• The indictment was challenged as fatally defective for not alleging that Defendant was a “person required to register,” depriving the court of subject-matter jurisdiction.

Issues

Key Cases Cited

• State v. Snyder, 343 N.C. 61 (1996) (indictments must allege all essential elements)
• State v. Abshire, 363 N.C. 322 (2009) (essential elements must be pleaded; notice to defendant)
• State v. Abraham, 338 N.C. 315 (1994) (valid indictment required to confer jurisdiction)
• State v. Petersilie, 334 N.C. 169 (1993) (jurisdictionarising from valid indictment; arrest judgment for defect)
• State v. Harris, 724 S.E.2d 633 (2012) (distinguishes from lines where indictment fails to allege essential elements)
• State v. Herman, 726 S.E.2d 863 (2012) (indictment must allege essential elements under statutory scheme)
• State v. J.N. McBane, 170 S.E.2d 913 (1969) (illustrates defect analysis outside specific regime)
• State v. Billinger, 714 S.E.2d 201 (2011) (general reference to statute insufficient to cure essential-element defect)
• State v. Sossamon, 130 S.E.2d 638 (1963) (hyper-technical scrutiny of indictment disfavored)
• State v. Ballangee, 132 S.E.2d 795 (1926) (indictments should charge ultimate facts of the offense)