Followup: I am still confused on the sex offender statutes permitting/restricting babysitting of a Grand Child.
Is there conflict between 14-208.17, 14-321.1, 14-208.16?
Which statute would take precedence over babysitting your grand child?
I have received the following information on residency requirements and it has a little information on babysitting. Please view the info and make a comments about section 2 when replying about a grandchild. Thank you.
North Carolina General Statutes § 14-208.17 Sexual predator prohibited from working or volunteering for child-involved activities; limitation on residential use
(a) It shall be unlawful for any person required to register under this Article to work for any person or as a sole proprietor, with or without compensation, at any place where a minor is present and the person's responsibilities or activities would include instruction, supervision, or care of a minor or minors.
(b) It shall be unlawful for any person to conduct any activity at his or her residence where the person:
(1) Accepts a minor or minors into his or her care or custody from another, and
(2) Knows that a person who resides at that same location is required to register under this Article.
(c) A violation of this section is a Class F felony. (2006-247, s. 11(b).)
§ 14-208.16. Residential restrictions.
(a) A registrant under this Article shall not knowingly reside within 1,000 feet of the property on which any public or nonpublic school or child care center is located.
(b) As used in this section, "school" does not include home schools as defined in G.S. 115C-563 or institutions of higher education, and the term "child care center" is defined by G.S. 110-86(3). The term "registrant" means a person who is registered, or is required to register, under this Article.
(c) This section does not apply to child care centers that are located on or within 1,000 feet of the property of an institution of higher education where the registrant is a student or is employed.
(d) Changes in the ownership of or use of property within 1,000 feet of a registrant's registered address that occur after a registrant establishes residency at the registered address shall not form the basis for finding that an offender is in violation of this section. For purposes of this subsection, a residence is established when the registrant does any of the following:
(1) Purchases the residence or enters into a specifically enforceable contract to purchase the residence.
(2) Enters into a written lease contract for the residence and for as long as the person is lawfully entitled to remain on the premises.
(3) Resides with an immediate family member who established residence in accordance with this subsection. For purposes of this subsection, "immediate family member" means a child or sibling who is 18 years of age or older, or a parent, grandparent, legal guardian, or spouse of the registrant.
(e) Nothing in this section shall be construed as creating a private cause of action against a real estate agent or landlord for any act or omission arising out of the residential restriction in this section.
(f) A violation of this section is a Class G felony. (2006-247, s. 11(a); 2007-213, s. 10.)
§ 14-321.1. Prohibit baby sitting service by sex offender or in the home of a sex offender.
(a) For purposes of this section the term "baby sitting service" means providing, for profit, supervision or care for a child under the age of 13 years who is unrelated to the provider by blood, marriage, or adoption, for more than two hours per day while the child's parents or guardian are not on the premises.
(b) Notwithstanding any other provision of law, no person who is an adult may provide or offer to provide a baby sitting service in any of the following circumstances:
(1) The baby sitting service is offered in a home and a resident of the home is a sex offender who is registered in accordance with Article 27A of Chapter 14 of the General Statutes.
(2) A provider of care for the baby sitting service is a sex offender who is registered in accordance with Article 27A of Chapter 14 of the General Statutes.
(c) A violation of this section that is a first offense is a Class 1 misdemeanor. A violation of this section that is a second or subsequent offense is a Class H felony. (2005-416, s. 4.)