243 N.C. App. 476
N.C. Ct. App.2015Background
- Mastor and Jason Mastor married in 1998 and separated in 2012; three children involved.
- Consent Order entered 18 December 2012 requiring joint custody and prohibiting presence of a convicted sex offender with the children.
- Kistel, a convicted felon in Lincoln County, was involved with Mastor and alleged to be in the children’s presence.”
- Jason filed a contempt motion 24 January 2014 alleging Kistel’s status and Mastor’s involvement; attached Kistel’s May 2013 guilty plea and sentencing.
- District court found Kistel was a convicted sex offender and Mastor willfully allowed him in the presence of the children on New Year’s Eve 2013; fined Mastor $500.
- Superior Court held Mastor in indirect criminal contempt on 24 October 2014, interpreting “convicted sex offender” to include Kistel under the Consent Order and affirming the contempt finding and fine.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is Kistel a “convicted sex offender” under the Consent Order? | Mastor argues not a convicted sex offender; ambiguity in term. | Mastor contends Kistel not a convicted sex offender; not defined by statute. | No; Kistel is a convicted sex offender under NC law and the Consent Order. |
| Does NC vagueness doctrine apply to the term “convicted sex offender”? | Defendant claims vagueness; term undefined. | Vagueness not preserved for appellate review. | Waived for appellate review; not preserved. |
| Was Mastor’s violation willful? | Stipulated facts show willful admission of Kistel to presence of children. | Defendant believed term may be ambiguous; not willful. | Willful violation established; contempt proper. |
| Does the district court’s stipulation bind on appeal? | Stipulations are judicial admissions. | N/A | Yes; Mastor bound by stipulation that Kistel was a convicted sex offender. |
Key Cases Cited
- State v. Pell, 211 N.C. App. 376 (N.C. App. 2011) (danger to the community determines sex offender registration status)
- Sessler v. Marsh, 144 N.C. App. 623 (N.C. App. 2001) (competent evidence standard in non-jury contempt review)
- Curran v. Barefoot, 183 N.C. App. 331 (N.C. App. 2007) (appellate review of law from findings of fact in non-jury trial)
- State v. Simon, 185 N.C. App. 247 (N.C. App. 2007) (judicial admissions through stipulations)
- Estate of Carlsen v. Carlsen, 165 N.C. App. 674 (N.C. App. 2004) (stipulations signed by parties bind as admissions)