This post outlines where registered sex offenders are allowed to live under North Carolina law. It explains the 1,000-foot rule, how the law has changed over time, what exceptions may apply, and how courts have interpreted these restrictions. It also addresses the legal consequences of violating residency laws and how homelessness is treated when housing restrictions make compliance difficult.
The content herein is not intended as legal advice. Given the complexity of the issues discussed and the evolving nature of the relevant law(s) in North Carolina, consult legal counsel regarding the specifics of your legal matter.
The 1,000-Foot Rule: What the Sex Offender Law SaysUnder N.C.G.S. 14-208.16, North Carolina prohibits people subject to sex offender registration from knowingly residing within 1,000 feet of a school or child care center. This restriction is not tied to a specific type of sex offense. It applies to anyone who is required to register, whether for a misdemeanor or felony, if they are currently on the registry.
The 1,000 feet is measured in a straight line from property line to property line. It is not limited to walking paths or street distance. In other words, even if a school or daycare center cannot be seen from the home, the distance still counts if it falls within the required range.
Violation of this statute is a Class G felony, meaning it can result in active prison time for people who fail to comply. The restriction remains in effect as long as the accused is required to register.
Schools, Daycares, and Other Restricted Locations: Registered Sex OffenderThe statute applies to public and private schools, including elementary, middle, and high schools. It also covers licensed child care centers. Over time, the definition of “school” and “child care center” has expanded to include:
Each time the legislature modifies these definitions, the practical reach of the 1,000-foot rule changes. The version of the statute in effect at the time of registration or residence establishment may affect how the restriction is applied.
Exceptions to the Registered Sex Offender RestrictionThere are limited statutory exceptions to the 1,000-foot rule. A registrant may reside within a restricted zone if:
In either case, the registrant is not automatically required to move. However, this protection only applies to residences lawfully established before the triggering condition occurred. If the registered offender moves to a new location after a restricted facility opens nearby, or if they reestablish residence after a gap in registration, the protection may be lost.
These exceptions can be narrow and fact-specific. Courts have upheld convictions where defendants moved into homes within restricted areas, even when the move was prompted by family needs or housing shortages. There is no broad hardship exception written into the statute.
Federal Housing Restrictions for Sex OffendersIn addition to state law, federal law prohibits people subject to lifetime registration from residing in federally assisted housing. This includes public housing authorities, Section 8 housing, and other subsidized rental programs. The restriction is codified in 42 U.S.C. § 13663, which bars admission to federally assisted housing for anyone subject to lifetime registration under a state’s sex offender program.
This means that registrants in the aggravated or recidivist categories, those required to register for life, may not qualify for public housing programs regardless of income level. Housing authorities must deny these applications and evict tenants if a disqualifying registration status is discovered later.
People under standard registration rules may still be eligible for housing assistance, depending on their record and the local housing authority’s policies.
Local OrdinancesNorth Carolina allows local governments to enact their ordinances imposing additional restrictions on where sex offenders may reside. These ordinances must comply with constitutional limits and cannot conflict with state law, but courts have upheld their validity in some cases.
For example, in Standley v. Town of Woodfin, the North Carolina Supreme Court allowed a town ordinance that prohibited sex offenders from entering certain public parks. The court found that local governments may impose additional geographic restrictions provided they are reasonably related to public safety and do not contradict state statutes.
Some counties and municipalities have tried to impose broader restrictions, including residency bans near public bus stops or private playgrounds. These laws are occasionally challenged on constitutional grounds, especially when they leave few viable housing options, but they remain enforceable unless overturned by a court.
Violating a local ordinance is typically a Class 3 misdemeanor under N.C.G.S. 14-4, though some jurisdictions may pursue civil penalties as well.
The inability to find housing outside restricted zones does not excuse noncompliance with registration or residency laws. North Carolina law and case decisions make clear that homelessness is not a defense to failure to register or a violation of geographic restrictions.
Consequences of Sex Offender Registration
Courts have held that someone who is homeless must still report their residence to the sheriff. This includes locations such as shelters, encampments, or even under a bridge. As long as the registrant regularly stays in that location, it qualifies as a “residence” under the law and must be reported. The law does not require ownership or a lease agreement—only a consistent and known place of stay.
In North Carolina v. Worley, the Court of Appeals upheld the conviction of a homeless registrant who failed to report his living location. The court emphasized that the registration statute applies even when the registrant lacks a traditional home.
That said, courts have recognized that the inability to secure compliant housing does not by itself justify revoking probation. If a defendant is making good-faith efforts to find housing and is otherwise compliant with supervision, the court may consider alternative sanctions or continue supervision without revocation.
Still, the burden remains on the registrant to stay in contact with authorities, update their information, and follow all applicable conditions, even when facing homelessness.
For people on probation or post-release supervision, additional restrictions may apply. If the offense involved sexual abuse of a minor, the defendant is prohibited from living in any household where a minor child resides.
If the offense involved physical or mental abuse of a minor, a similar rule applies, unless the court makes specific findings that living with a child is appropriate. These restrictions are imposed by statute and apply whether or not the registrant has completed their prison term.
They are not limited to unrelated minors. Unless the court finds otherwise, a registrant may be barred from living with their own children, even when there is no current danger.
These probation and post-release restrictions are enforced by the supervising officer and may be more stringent than general registry rules. Violating them can result in revocation of supervision and return to custody.
Yes. If a registered offender moves into a location that is within 1,000 feet of a prohibited facility, or if such a facility is built after they move in and the exception does not apply, they may be prosecuted and ordered to vacate. The criminal charge is separate from any civil eviction proceeding.
Because the offense is a Class G felony, the consequences of violating the law can be severe. Courts have consistently rejected hardship-based defenses where the registrant knowingly moved into a prohibited area.
Registrants are expected to verify distances before moving. If a school or daycare opens after the registrant has lawfully established residence, they may be allowed to stay. But any later move, regardless of intent, must comply with the 1,000-foot rule.
There are few exceptions. Even homelessness does not eliminate the duty to register a residence location. While courts may show some limited flexibility in probation matters where no housing is available, the statutory restrictions themselves remain in force.
Housing is more than a matter of convenience. It affects employment, stability, and reintegration. For convicted sex offenders on the registry, it is also a matter of criminal liability. Understanding where you can and cannot live is essential, not just for compliance, but for avoiding new charges that can carry serious consequences.