Lawmakers rewriting child sex offense law to comply with judge’s ruling

RALEIGH -- State lawmakers are trying to restore parts of a 2008 law that prohibited sex offenders from being near children, after a federal judge struck down the provisions in April.

The law, known as the “Jessica Lunsford Act,” was part of a wave of similar legislation in many states toughening penalties on those who assault children. It followed the 2005 rape and murder of 9-year-old Jessica Lunsford, who had spent most of her life in Gaston County before moving to Florida, where she was killed.

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The rewrite of the law, which is inserted into an unrelated House Bill 2021, attempts to address the judge’s concern about vagueness by listing examples of places that convicted sex offenders must avoid. Those premises would include places where minors “frequently congregate” – such as arcades, amusement parks and swimming pools – when minors are present. Newton said he will add the State Fairgrounds as off limits.

The bill also attempts to overcome the judge’s finding that the law was too broad by rewriting a provision that requires offenders be no closer than 300 feet of premises intended for the care and supervision of children. The bill specifies that offenders must know there are minors present for the restriction to apply. Further, a judge must have made a determination that the offender poses or might pose a danger to minors.

Read more: http://democratsforever.freeforums.net/thread/9585/lawmakers-rewriting-child-offense-comply