To comply with federal law, the N.C. General Assembly in 1997 amended the state's "Sexual Offender Registration Program." It determined as a matter of public policy that sex offenders and persons who commit certain other types of offenses against minors (e.g. kidnapping) often pose a significant risk of committing the same or similar offenses even after being released from incarceration. To protect the public from such offenders, the law requires them to register with law enforcement agencies.

Information is recorded in county registries maintained by sheriffs and in a statewide North Carolina Sex Offender & Public Protection Registry published via a state-maintained Internet site (http://sbi.jus.state.nc.us/sor). Registration will be maintained for 10 years following the offender's release from prison, and this information is available to the public.

Is the presence of a registered sex offender in a neighborhood a material fact which licensees must disclose?

The N.C. General Assembly recently enacted legislation which provides that when offering property for sale, rent or lease,

it shall not be deemed a material fact ... that a person convicted of any crime for which registration is required [under the Sex Offender Registration Program] occupies, occupied, or resides near the property; provided, however, that no seller [or landlord] may knowingly make a false statement regarding any such fact.

Under the legislation, which becomes effective December 1, 1998, the presence of a sexual offender in a neighborhood is not material, and need not be volunteered by any agent involved in a sales or rental transaction.

However, licensees are cautioned not to make any false statements about the presence of a convicted sex offender in a neighborhood. Misrepresentations are specifically prohibited under the legislation.