State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-1340_50

Article 81D.

Permanent No ContactOrder Against Convicted Sex Offender.

§ 15A‑1340.50. Permanent no contact order prohibiting future contact by convicted sex offenderwith crime victim.

(a)        The followingdefinitions apply in this Article:

(1)        Permanent no contactorder. – A permanent injunction that prohibits any contact by a defendant withthe victim of the sex offense for which the defendant is convicted. Theduration of the injunction is the lifetime of the defendant.

(2)        Sex offense. – Anycriminal offense that requires registration under Article 27A of Chapter 14 ofthe General Statutes.

(3)        Victim. – The personagainst whom the sex offense was committed.

(b)        When sentencing adefendant convicted of a sex offense, the judge, at the request of the districtattorney, shall determine whether to issue a permanent no contact order. Thejudge shall order the defendant to show cause why a permanent no contact ordershall not be issued and shall hold a show cause hearing as part of thesentencing procedures for the defendant.

(c)        The victim shallhave a right to be heard at the show cause hearing.

(d)        The judgesentencing the defendant is the trier of fact regarding the show cause hearing.

(e)        At the conclusionof the show cause hearing the judge shall enter a finding for or against thedefendant. If the judge determines that reasonable grounds exist for the victimto fear any future contact with the defendant, the judge shall issue thepermanent no contact order. The judge shall enter written findings of fact andthe grounds on which the permanent no contact order is issued. The no contactorder shall be incorporated into the judgment imposing the sentence on thedefendant for the conviction of the sex offense.

(f)         The court maygrant one or more of the following forms of relief in a permanent no contactorder under this Article:

(1)        Order the defendantnot to threaten, visit, assault, molest, or otherwise interfere with thevictim.

(2)        Order the defendantnot to follow the victim, including at the victim's workplace.

(3)        Order the defendantnot to harass the victim.

(4)        Order the defendantnot to abuse or injure the victim.

(5)        Order the defendantnot to contact the victim by telephone, written communication, or electronicmeans.

(6)        Order the defendantto refrain from entering or remaining present at the victim's residence,school, place of employment, or other specified places at times when the victimis present.

(7)        Order other reliefdeemed necessary and appropriate by the court.

(g)        A permanent nocontact order entered pursuant to this Article shall be enforced by all NorthCarolina law enforcement agencies without further order of the court. A lawenforcement officer shall arrest and take a person into custody, with orwithout a warrant or other process, if the officer has probable cause tobelieve that the person knowingly has violated a permanent no contact order. Aperson who knowingly violates a permanent no contact order is guilty of a ClassA1 misdemeanor.

(h)        At any time afterthe issuance of the order, the State, at the request of the victim, or thedefendant may make a motion to rescind the permanent no contact order. If thecourt determines that reasonable grounds for the victim to fear any futurecontact with the defendant no longer exist, the court may rescind the permanentno contact order.

(i)         The remedyprovided by this Article is not exclusive but is in addition to other remediesprovided under law.  (2009‑380, s. 1)