State v. Bryant
North Carolina Supreme Court
614 S.E.2d 479 (2005)
- Written by Jamie Milne, JD
Facts
Roy Bryant (defendant) was convicted of criminal sexual conduct. During his imprisonment in South Carolina, Bryant was notified of his obligation to register with South Carolina as a convicted sex offender upon release. Bryant was also informed of a duty to notify South Carolina within 10 days if he moved to a different state. After his release, Bryant lived in South Carolina and complied with the registration requirement. Less than a year later, Bryant relocated to North Carolina. North Carolina law required sex offenders residing in the state to register. Bryant never registered in North Carolina, nor did he inform South Carolina of his move. Bryant was arrested for failing to register in North Carolina. Bryant argued that North Carolina’s registry statute violated due process because it criminalized a sex offender’s failure to register regardless of whether the offender knew of the registration requirement. He argued that a criminal penalty could be constitutionally imposed only if he had notice of the duty to register, which he claimed he did not. The jury convicted Bryant. The court of appeals reversed, holding that the registration statute was unconstitutional as applied to Bryant. The state appealed to the North Carolina Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Brady, J.)
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