JOHN DOE v. ROY A. COOPER, III, Attorney General of the State of North Carolina
US Court of Appeals for the Fourth Circuit, Agee, Nov. 30, 2016,
Void for Vagueness- Portions of the NC Sex Offender Registry are unconstitutionally vague (14-208.18(a)(3)) or overbroad (14-208.18(a)(2)).

Overbroad – 14-208.18(a)(2), State provided no evidence/expert to support intermediate scrutiny – overbroad because it applies to all restricted sex offenders, not just those who pose a danger to minors or are likely to pose such a danger.

“As noted previously, at a status conference held prior to considering the parties’ renewed cross motions for summary judgment, the district court put the State on notice that its limited evidence was inadequate to meet its burden of proof. Yet, the State explicitly declined to introduce any additional evidence.”

Vague – 14-208.18(a)(3)
Two principal problems are evident in subsection (a)(3) which compel the conclusion it is unconstitutionally vague. In particular, a reasonable person, whether a restricted sex offender or a law enforcement officer, cannot reasonably determine (1) whether a program for minors is “regularly scheduled” or (2) what places qualify as those “where minors gather.”