2005 North Carolina Code - General Statutes § 14-208.6. Definitions.

§ 14‑208.6.  Definitions.

The following definitions apply in this Article:

(1a)     "Aggravated offense" means any criminal offense that includes either of the following: (i) engaging in a sexual act involving vaginal, anal, or oral penetration with a victim of any age through the use of force or the threat of serious violence; or (ii) engaging in a sexual act involving vaginal, anal, or oral penetration with a victim who is less than 12 years old.

(1b)     "County registry" means the information compiled by the sheriff of a county in compliance with this Article.

(1c)     "Division" means the Division of Criminal Statistics of the Department of Justice.

(1d)     "Employed" includes employment that is full‑time or part‑time for a period of time exceeding 14 days or for an aggregate period of time exceeding 30 days during any calendar year, whether financially compensated, volunteered, or for the purpose of government or educational benefit.

(1e)     "Institution of higher education" means any postsecondary public or private educational institution, including any trade or professional institution, college, or university.

(1f)     "Mental abnormality" means a congenital or acquired condition of a person that affects the emotional or volitional capacity of the person in a manner that predisposes that person to the commission of criminal sexual acts to a degree that makes the person a menace to the health and safety of others.

(1g)     "Nonresident student" means a person who is not a resident of North Carolina but who is enrolled in any type of school in the State on a part‑time or full‑time basis.

(1h)     "Nonresident worker" means a person who is not a resident of North Carolina but who has employment or carries on a vocation in the State, on a part‑time or full‑time basis, with or without compensation or government or educational benefit, for more than 14 days, or for an aggregate period exceeding 30 days in a calendar year.

(1i)      "Offense against a minor" means any of the following offenses if the offense is committed against a minor, and the person committing the offense is not the minor's parent: G.S. 14‑39 (kidnapping), G.S. 14‑41 (abduction of children), and G.S. 14‑43.3 (felonious restraint). The term also includes the following if the person convicted of the following is not the minor's parent: a solicitation or conspiracy to commit any of these offenses; aiding and abetting any of these offenses.

(2)       "Penal institution" means:

a.         A detention facility operated under the jurisdiction of the Division of Prisons of the Department of Correction;

b.         A detention facility operated under the jurisdiction of another state or the federal government; or

c.         A detention facility operated by a local government in this State or another state.

(2a)     "Personality disorder" means an enduring pattern of inner experience and behavior that deviates markedly from the expectations of the individual's culture, is pervasive and inflexible, has an onset in adolescence or early adulthood, is stable over time, and leads to distress or impairment.

(2b)     "Recidivist" means a person who has a prior conviction for an offense that is described in G.S. 14‑208.6(4).

(3)       "Release" means discharged or paroled.

(4)       "Reportable conviction" means:

a.         A final conviction for an offense against a minor, a sexually violent offense, or an attempt to commit any of those offenses unless the conviction is for aiding and abetting. A final conviction for aiding and abetting is a reportable conviction only if the court sentencing the individual finds that the registration of that individual under this Article furthers the purposes of this Article as stated in G.S. 14‑208.5.

b.         A final conviction in another state of an offense, which if committed in this State, is substantially similar to an offense against a minor or a sexually violent offense as defined by this section.

c.         A final conviction in a federal jurisdiction (including a court martial) of an offense, which is substantially similar to an offense against a minor or a sexually violent offense as defined by this section.

d.         A final conviction for a violation of G.S. 14‑202(d), (e), (f), (g), or (h), or a second or subsequent conviction for a violation of G.S. 14‑202(a), (a1), or (c), only if the court sentencing the individual issues an order pursuant to G.S. 14‑202(l) requiring the individual to register.

(5)       "Sexually violent offense" means a violation of G.S. 14‑27.2 (first degree rape), G.S. 14‑27.3 (second degree rape), G.S. 14‑27.4 (first degree sexual offense), G.S. 14‑27.5 (second degree sexual offense), G.S. 14‑27.5A (sexual battery), G.S. 14‑27.6 (attempted rape or sexual offense), G.S. 14‑27.7 (intercourse and sexual offense with certain victims), G.S. 14‑178 (incest between near relatives), G.S. 14‑190.6 (employing or permitting minor to assist in offenses against public morality and decency), G.S. 14‑190.9(a1) (felonious indecent exposure), G.S. 14‑190.16 (first degree sexual exploitation of a minor), G.S. 14‑190.17 (second degree sexual exploitation of a minor), G.S. 14‑190.17A (third degree sexual exploitation of a minor), G.S. 14‑190.18 (promoting prostitution of a minor), G.S. 14‑190.19 (participating in the prostitution of a minor), G.S. 14‑202.1 (taking indecent liberties with children), or G.S. 14‑202.3 (Solicitation of child by computer to commit an unlawful sex act). The term also includes the following: a solicitation or conspiracy to commit any of these offenses; aiding and abetting any of these offenses.

(6)       "Sexually violent predator" means a person who has been convicted of a sexually violent offense and who suffers from a mental abnormality or personality disorder that makes the person likely to engage in sexually violent offenses directed at strangers or at a person with whom a relationship has been established or promoted for the primary purpose of victimization.

(7)       "Sheriff" means the sheriff of a county in this State.

(8)       "Statewide registry" means the central registry compiled by the Division in accordance with G.S. 14‑208.14.

(9)       "Student" means a person who is enrolled on a full‑time or part‑time basis, in any postsecondary public or private educational institution, including any trade or professional institution, or other institution of higher education. (1995, c. 545, s. 1; 1997‑15, ss. 1, 2; 1997‑516, s. 1; 1999‑363, s. 1; 2001‑373, s. 1; 2002‑147, s. 16; 2003‑303, s. 2; 2004‑109, s. 8; 2005‑121, s. 2; 2005‑130, s. 1; 2005‑226, s. 2.)

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