§ 14-208.6. Definitions. - North Carolina Statutes

§ 14‑208.6. Definitions.

The following definitionsapply in this Article:

(1a)      "Aggravatedoffense" means any criminal offense that includes either of the following:(i) engaging in a sexual act involving vaginal, anal, or oral penetration witha 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 penetrationwith a victim who is less than 12 years old.

(1b)      "Countyregistry" means the information compiled by the sheriff of a county incompliance with this Article.

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

(1d)      "Electronicmail" means the transmission of information or communication by the use ofthe Internet, a computer, a facsimile machine, a pager, a cellular telephone, avideo recorder, or other electronic means sent to a person identified by aunique address or address number and received by that person.

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

(1f)       "Entity"means a business or organization that provides Internet service, electroniccommunications service, remote computing service, online service, electronicmail service, or electronic instant message or chat services whether thebusiness or organization is within or outside the State.

(1g)      "InstantMessage" means a form of real‑time text communication between two ormore people. The communication is conveyed via computers connected over anetwork such as the Internet.

(1h)      "Institution ofhigher education" means any postsecondary public or private educationalinstitution, including any trade or professional institution, college, oruniversity.

(1i)       "Internet"means the global information system that is logically linked together by aglobally unique address space based on the Internet Protocol or its subsequentextensions; that is able to support communications using the TransmissionControl Protocol/Internet Protocol suite, its subsequent extensions, or otherInternet Protocol compatible protocols; and that provides, uses, or makesaccessible, either publicly or privately, high‑level services layered onthe communications and related infrastructure described in this subdivision.

(1j)       "Mentalabnormality" means a congenital or acquired condition of a person thataffects the emotional or volitional capacity of the person in a manner thatpredisposes that person to the commission of criminal sexual acts to a degreethat makes the person a menace to the health and safety of others.

(1k)      "Nonresidentstudent" means a person who is not a resident of North Carolina but who isenrolled in any type of school in the State on a part‑time or full‑timebasis.

(1l)       "Nonresidentworker" means a person who is not a resident of North Carolina but who hasemployment or carries on a vocation in the State, on a part‑time or full‑timebasis, with or without compensation or government or educational benefit, formore than 14 days, or for an aggregate period exceeding 30 days in a calendaryear.

(1m)     "Offense againsta minor" means any of the following offenses if the offense is committedagainst a minor, and the person committing the offense is not the minor'sparent: G.S. 14‑39 (kidnapping), G.S. 14‑41 (abduction ofchildren), and G.S. 14‑43.3 (felonious restraint). The term also includesthe following if the person convicted of the following is not the minor'sparent: a solicitation or conspiracy to commit any of these offenses; aidingand abetting any of these offenses.

(1n)      "Onlineidentifier" means electronic mail address, instant message screen name,user ID, chat or other Internet communication name, but it does not mean socialsecurity number, date of birth, or pin number.

(2)        "Penalinstitution" means:

a.         A detention facilityoperated under the jurisdiction of the Division of Prisons of the Department ofCorrection;

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

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

(2a)      "Personalitydisorder" means an enduring pattern of inner experience and behavior thatdeviates markedly from the expectations of the individual's culture, ispervasive and inflexible, has an onset in adolescence or early adulthood, isstable over time, and leads to distress or impairment.

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

(3)        "Release"means discharged or paroled.

(4)        "Reportableconviction" means:

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

b.         A final convictionin another state of an offense, which if committed in this State, issubstantially similar to an offense against a minor or a sexually violentoffense as defined by this section, or a final conviction in another state ofan offense that requires registration under the sex offender registrationstatutes of that state.

c.         A final convictionin a federal jurisdiction (including a court martial) of an offense, which issubstantially similar to an offense against a minor or a sexually violentoffense as defined by this section.

d.         A final convictionfor a violation of G.S. 14‑202(d), (e), (f), (g), or (h), or a second orsubsequent 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)        "Sexuallyviolent offense" means a violation of G.S. 14‑27.2 (first degreerape), G.S. 14‑27.2A (rape of a child; adult offender), G.S. 14‑27.3(second degree rape), G.S. 14‑27.4 (first degree sexual offense), G.S. 14‑27.4A(sex offense with a child; adult offender), G.S. 14‑27.5 (second degreesexual 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 sexualoffense with certain victims), G.S. 14‑27.7A(a) (statutory rape or sexualoffense of person who is 13‑, 14‑, or 15‑years‑oldwhere the defendant is at least six years older), G.S. 14‑43.13(subjecting or maintaining a person for sexual servitude), G.S. 14‑178(incest between near relatives), G.S. 14‑190.6 (employing or permittingminor 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 sexualexploitation of a minor), G.S. 14‑190.17 (second degree sexualexploitation of a minor), G.S. 14‑190.17A (third degree sexualexploitation of a minor), G.S. 14‑190.18 (promoting prostitution of aminor), G.S. 14‑190.19 (participating in the prostitution of a minor),G.S. 14‑202.1 (taking indecent liberties with children), G.S. 14‑202.3(Solicitation of child by computer or certain other electronic devices tocommit an unlawful sex act), G.S. 14‑202.4(a) (taking indecent libertieswith a student), G.S. 14‑318.4(a1) (parent or caretaker commit or permitact of prostitution with or by a juvenile), or G.S. 14‑318.4(a2)(commission or allowing of sexual act upon a juvenile by parent or guardian).The term also includes the following: a solicitation or conspiracy to commitany of these offenses; aiding and abetting any of these offenses.

(6)        "Sexuallyviolent predator" means a person who has been convicted of a sexuallyviolent offense and who suffers from a mental abnormality or personalitydisorder that makes the person likely to engage in sexually violent offensesdirected at strangers or at a person with whom a relationship has beenestablished or promoted for the primary purpose of victimization.

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

(8)        "Statewideregistry" means the central registry compiled by the Division inaccordance 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 anytrade 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; 2006‑247, ss. 1(b),19(a), 20(d); 2008‑117, s. 6.1; 2008‑220, s. 1; 2009‑498, s.1.)