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State v. Bryant | 614 S.E.2d 479 (2005)

Studies have shown that convicted sex offenders who reenter society are likelier than any other group of offenders to be rearrested for a new rape or sexual assault. Because of this public safety concern, every state has enacted sex-offender registration laws and programs. North Carolina’s highest court considered whether a state law criminalizing the failure to register as a sex offender violated the Constitution’s Due Process Clause in State versus Bryant.

Roy Eugene Bryant was serving time in South Carolina when prison personnel informed him of his duty to register with the state as a convicted sex offender upon his release. Bryant signed a form acknowledging that he received notice, both oral and written, of his lifelong duty to register in South Carolina. The form specifically informed Bryant that he must provide written notice to the county sheriff where he was last registered in South Carolina within ten days of any change of address to a new state.

Several months after Bryant got out of prison, he traveled to North Carolina as a worker with the Dixie Classic Fair. There, Bryant met Crystal Sunshine Miller. The two hit it off, and Bryant decided to stay in North Carolina. Bryant moved in with Miller and her two young daughters and lived with them until his relationship with Miller soured. Despite establishing residency during this time, Bryant neither registered as a convicted sex offender in North Carolina nor notified the appropriate South Carolina authorities of his out-of-state move.

Bryant was arrested and stood trial for failing to register as a convicted sex offender in North Carolina, which was a strict-liability offense under state law. The jury found Bryant guilty, and Bryant appealed to the North Carolina Court of Appeals. That court reversed, holding that North Carolina’s sex-offender registration law was unconstitutional as applied to an out-of-state offender like Bryant who lacked notice of his duty to register with the state upon moving there. The prosecution appealed the reversal to the North Carolina Supreme Court.

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