State v. Bryant

614 S.E.2d 479 (2005)

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Nature of the Case

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Facts

D was arrested for failing to register as a convicted sex offender in North Carolina. D was serving an active sentence in the custody of the South Carolina Department of Corrections. D was notified by prison personnel of his duty to register with the State of South Carolina as a convicted sex offender upon his release from custody. D was informed that he was required to register as a result of his 20 March 1996 convictions for 'criminal sexual conduct with a minor first degree and assault with intent to commit criminal sexual conduct.' D signed a form entitled 'South Carolina Department of Corrections Notice of Sex Offender Registry,' acknowledging that he had been notified, orally and in writing, of his lifelong duty to register with the State of South Carolina. The information conveyed stated that: “if an inmate who is required to register moves out of the State of South Carolina, s/he is required to provide written notice to the county sheriff where s/he was last registered in South Carolina within 10 days of the change of address to a new state. A person must send written notice of change of address to the county Sheriff's Office in the new county and the county where s/he previously resided within 10 days of moving to a new residence. Any person required to register under this program shall be required to register annually for life.” In October 2000 D traveled to North Carolina, as a worker with the Dixie Classic Fair. D met Crystal Sunshine Miller. D approached her and one of her daughters while they were waiting in line for an amusement ride. D offered to get Ms. Miller and her daughter on the ride if she let him accompany them. This proceeded apace and when the fair left town D moved in with Ms. Miller and her two young daughters, who at the time of D's trial were five and two years old. D cooked, cleaned and stayed at home with the children while she worked. D proposed marriage to Ms. Miller, and she accepted. D had failed to register as a sex offender upon establishing residency in North Carolina. A jury found D guilty of failing to register as a sex offender and having attained the status of a habitual felon. D appealed. The Court of Appeals held that 'North Carolina's sex offender registration statute is unconstitutional as applied to an out-of-state offender who lacked notice of his duty to register upon moving to North Carolina.' P filed petitions for writ of supersedeas and discretionary review.