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joelaws8
joelaws8, Lawyer
Category: Criminal Law
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Experience:  I can answer general criminal law questions regarding specific statutes and procedure.
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Can a grand parent that is on the offender roster watch

Resolved Question:

Can a grand parent that is on the sex offender roster watch a granddaughter in NC without the parents present?

Followup question: Is the following only for sexual predators or does it include all individuals required to register as a sex offender?

Followup question: Does the following include non work related activities such as babysitting a grandchild?


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).)
Submitted: 12 months ago.
Category: Criminal Law
Expert:  joelaws8 replied 12 months ago.
Hello, my name isXXXXX am a licensed attorney and I will be helping you find the answer that you are looking for.

Can a grand parent that is on the sex offender roster watch a granddaughter in NC without the parents present? No.


Followup question: Is the following only for sexual predators or does it include all individuals required to register as a sex offender? It includes all individuals required to register as sex offenders.

Followup question: Does the following include non work related activities such as babysitting a grandchild?
Yes. The law makes no exceptions for family members and specifically states that even if the offender is not being paid for caring for the minor, it is prohibited.


I hope that answers your question. If so, please positively rate my answer as this is the only way I can receive credit for my answer. If you would like any additional information or have more questions please don’t hesitate to ask!

If you feel the need to click either "Bad service" or "Poor service", please stop and reply to me via the REPLY button with the issue you have. I will be very happy to continue further and do everything I can to provide you with the service you seek at no additional charge.

Thank you very much,
Joe

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joelaws8, Lawyer
Category: Criminal Law
Satisfied Customers: 369
Experience: I can answer general criminal law questions regarding specific statutes and procedure.
joelaws8 and 12 other Criminal Law Specialists are ready to help you
Customer: replied 12 months ago.

Follow up: If the Grandmother was watching (had supervision) of the Grandchild at the mothers home or at her home can the Grandfather visit or be present?

Expert:  joelaws8 replied 12 months ago.
If the purpose of the child being at the Grandmother's house is for the Grandmother to babysit the child, then the Grandmother would technically be committing a felony, so long as the Grandmother is aware that the Grandfather is a registered sex offender.

If, however, the child is just visiting the Grandmother and the Grandfather is present, there should be no issue.

That being said, a sex offender should be very cautious about whom he has in his house. Even false accusations can land a sex offender in prison due to the stigma associated with being a sex offender. One should take every precaution to ensure that he or she is never left alone with a minor therefore preventing any possibility of doubt.

I hope that answers your question. If so, please positively rate my answer as this is the only way I can receive credit for my answer. If you would like any additional information or have more questions please don’t hesitate to ask!

If you feel the need to click either "Bad service" or "Poor service", please stop and reply to me via the REPLY button with the issue you have. I will be very happy to continue further and do everything I can to provide you with the service you seek at no additional charge.

Thank you very much,
Joe

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joelaws8, Lawyer
Category: Criminal Law
Satisfied Customers: 369
Experience: I can answer general criminal law questions regarding specific statutes and procedure.
joelaws8 and 12 other Criminal Law Specialists are ready to help you
Customer: replied 11 months ago.

 



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.



http://nccriminallaw.sog.unc.edu/?p=1603



http://nccriminallaw.sog.unc.edu/?p=1609



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.)


Expert:  joelaws8 replied 11 months ago.
Good evening!

I am very sorry it took me so long to get back to you. I have been away for a couple of days.

Due to the definition of a "babysitting service" requiring that the child be unrelated to you, then if your wife babysits your grandchild there should not be an issue as that would not be considered a "babysitting service" under NC law. However, please see my answer above as I believe that it still applies. Just because it is not prohibited in one section, does not be that it can't be prohibited in another. Unfortunately, § 14-208.17 does not contain an exception for relatives like 14-321.1 does. Therefore, they could be applied independent of each other and if violated you the person would be charged under whichever fit the facts.

For example, City passed a law (2.1) stating that the possession of a concealed handgun is unlawful. Later, they passed a law (2.27) that the possession of any automatic weapon is illegal, unless you have a dealer's permit. In this example, just because someone was to have a dealer's permit, he still could not possess a concealed automatic weapon.

In your case, just because you may not be committing a crime under the babysitting statute, you and your wife could still be charged under 14-208.17.

That being said, if the child is just visiting the Grandmother and the Grandfather is present, it would be difficult to say that you or your wife committed any crime.

I hope that answers your question. If so, please positively rate my answer as this is the only way I can receive credit for my answer. If you would like any additional information or have more questions please don’t hesitate to ask!

If you feel the need to click either "Bad service" or "Poor service", please stop and reply to me via the REPLY button with the issue you have. I will be very happy to continue further and do everything I can to provide you with the service you seek at no additional charge.

Thank you very much,
Joe

If you are a subscriber, please add me to your "Preferred Expert Team!"

If not, please CLICK HERE and bookmark that page or add it to your favorites to come back and ask me your next legal question!

joelaws8, Lawyer
Category: Criminal Law
Satisfied Customers: 369
Experience: I can answer general criminal law questions regarding specific statutes and procedure.
joelaws8 and 12 other Criminal Law Specialists are ready to help you
Expert:  joelaws8 replied 11 months ago.
Hello Donald,


I'm just following up with you to see how everything is going. Did my answer help?


Let me know,
Joe

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