211 N.C. App. 376
N.C. Ct. App.2011Background
- Pell was indicted on sixteen counts of felony secret peeping under N.C. Gen.Stat. § 14-202(d).
- Pell pled guilty to eight counts; eight counts were dismissed.
- Sentencing imposed two consecutive six-to-eight month terms, suspended, with five years of supervised probation.
- As a condition of probation, Pell was ordered to register on the North Carolina Sex Offender and Public Protection Registry.
- On appeal Pell contends (I) §14-202(l) is unconstitutionally vague; (II) there is no competent evidence Pell is a danger to the community or that registration furthers §14-208.5.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §14-202(l) is unconstitutionally vague | Pell argues vagueness regarding 'danger to the community' | Pell asserts vagueness invalidates registration | Not unconstitutionally vague; statute interpreted |
| Whether there was competent evidence Pell is a danger to the community or that registration furthers §14-208.5 | Record supports danger to the community and promotional purpose | Record shows no substantial danger or purpose support | Record insufficient; reverse and remand to exclude registration requirement |
Key Cases Cited
- State v. White, 162 N.C.App. 183, 590 S.E.2d 448 (2004) (sex-offender registration as civil regulatory scheme; appeal governed by civil procedure)
- State v. Bare, 197 N.C.App. 461, 677 S.E.2d 518 (2009) (satellite-based monitoring treated with registration provisions)
- State v. Kilby, 198 N.C.App. 363, 679 S.E.2d 430 (2009) (review of 'danger to the community' and supervision level under analogous statute; factual findings reviewable)
- State v. Abshire, 363 N.C. 322, 677 S.E.2d 444 (2009) (purpose of registration—public safety and protection)
- In re Banks, 295 N.C. 236, 244 S.E.2d 386 (1978) (statutory interpretation guiding legislative intent)