§ 14-208.16. Residential restrictions.
§ 14‑208.16. Residential restrictions.
(a) A registrant underthis Article shall not knowingly reside within 1,000 feet of the property onwhich any public or nonpublic school or child care center is located.
(b) As used in thissection, "school" does not include home schools as defined in G.S.115C‑563 or institutions of higher education, and the term "childcare center" is defined by G.S. 110‑86(3). The term"registrant" means a person who is registered, or is required toregister, under this Article.
(c) This section doesnot apply to child care centers that are located on or within 1,000 feet of theproperty of an institution of higher education where the registrant is astudent or is employed.
(d) Changes in theownership of or use of property within 1,000 feet of a registrant's registeredaddress that occur after a registrant establishes residency at the registeredaddress shall not form the basis for finding that an offender is in violationof this section. For purposes of this subsection, a residence is establishedwhen the registrant does any of the following:
(1) Purchases theresidence or enters into a specifically enforceable contract to purchase theresidence.
(2) Enters into awritten lease contract for the residence and for as long as the person islawfully entitled to remain on the premises.
(3) Resides with animmediate family member who established residence in accordance with thissubsection. For purposes of this subsection, "immediate familymember" means a child or sibling who is 18 years of age or older, or aparent, grandparent, legal guardian, or spouse of the registrant.
(e) Nothing in thissection shall be construed as creating a private cause of action against a realestate agent or landlord for any act or omission arising out of the residentialrestriction in this section.
(f) A violation ofthis section is a Class G felony. (2006‑247, s. 11(a); 2007‑213, s. 10.)